The Virginia Register OF  REGULATIONS is an official state publication issued every other week  throughout the year. Indexes are published quarterly, and are cumulative for  the year. The Virginia Register has several functions. The new and  amended sections of regulations, both as proposed and as finally adopted, are  required by law to be published in the Virginia Register. In addition,  the Virginia Register is a source of other information about state  government, including petitions for rulemaking, emergency regulations,  executive orders issued by the Governor, the Virginia Tax Bulletin issued  periodically by the Department of Taxation, and notices of public hearings and  open meetings of state agencies.
    ADOPTION,  AMENDMENT, AND REPEAL OF REGULATIONS
    An  agency wishing to adopt, amend, or repeal regulations must first publish in the  Virginia Register a notice of intended regulatory action; a basis,  purpose, substance and issues statement; an economic impact analysis prepared  by the Department of Planning and Budget; the agency’s response to the economic  impact analysis; a summary; a notice giving the public an opportunity to  comment on the proposal; and the text of the proposed regulation.
    Following  publication of the proposal in the Virginia Register, the promulgating agency  receives public comments for a minimum of 60 days. The Governor reviews the proposed  regulation to determine if it is necessary to protect the public health, safety  and welfare, and if it is clearly written and easily understandable. If the  Governor chooses to comment on the proposed regulation, his comments must be  transmitted to the agency and the Registrar no later than 15 days following the  completion of the 60-day public comment period. The Governor’s comments, if  any, will be published in the Virginia Register. Not less than 15 days  following the completion of the 60-day public comment period, the agency may  adopt the proposed regulation.
    The  Joint Commission on Administrative Rules (JCAR) or the appropriate standing  committee of each house of the General Assembly may meet during the  promulgation or final adoption process and file an objection with the Registrar  and the promulgating agency. The objection will be published in the Virginia  Register. Within 21 days after receipt by the agency of a legislative  objection, the agency shall file a response with the Registrar, the objecting  legislative body, and the Governor.
    When  final action is taken, the agency again publishes the text of the regulation as  adopted, highlighting all changes made to the proposed regulation and  explaining any substantial changes made since publication of the proposal. A  30-day final adoption period begins upon final publication in the Virginia  Register.
    The  Governor may review the final regulation during this time and, if he objects,  forward his objection to the Registrar and the agency. In addition to or in  lieu of filing a formal objection, the Governor may suspend the effective date  of a portion or all of a regulation until the end of the next regular General  Assembly session by issuing a directive signed by a majority of the members of  the appropriate legislative body and the Governor. The Governor’s objection or  suspension of the regulation, or both, will be published in the Virginia  Register. If the Governor finds that changes made to the proposed  regulation have substantial impact, he may require the agency to provide an  additional 30-day public comment period on the changes. Notice of the  additional public comment period required by the Governor will be published in  the Virginia Register.
    The  agency shall suspend the regulatory process for 30 days when it receives  requests from 25 or more individuals to solicit additional public comment,  unless the agency determines that the changes have minor or inconsequential  impact.
    A  regulation becomes effective at the conclusion of the 30-day final adoption  period, or at any other later date specified by the promulgating agency, unless  (i) a legislative objection has been filed, in which event the regulation,  unless withdrawn, becomes effective on the date specified, which shall be after  the expiration of the 21-day objection period; (ii) the Governor exercises his  authority to require the agency to provide for additional public comment, in  which event the regulation, unless withdrawn, becomes effective on the date  specified, which shall be after the expiration of the period for which the  Governor has provided for additional public comment; (iii) the Governor and the  General Assembly exercise their authority to suspend the effective date of a  regulation until the end of the next regular legislative session; or (iv) the  agency suspends the regulatory process, in which event the regulation, unless  withdrawn, becomes effective on the date specified, which shall be after the  expiration of the 30-day public comment period and no earlier than 15 days from  publication of the readopted action.
    Proposed  regulatory action may be withdrawn by the promulgating agency at any time  before the regulation becomes final.
    FAST-TRACK  RULEMAKING PROCESS
    Section 2.2-4012.1 of the Code of Virginia provides an exemption from certain provisions  of the Administrative Process Act for agency regulations deemed by the Governor  to be noncontroversial.  To use this process, Governor's concurrence is  required and advance notice must be provided to certain legislative  committees.  Fast-track regulations will become effective on the date noted in  the regulatory action if no objections to using the process are filed in  accordance with § 2.2-4012.1.
    EMERGENCY  REGULATIONS
    Pursuant  to § 2.2-4011 of the Code of Virginia, an agency, upon consultation  with the Attorney General, and at the discretion of the Governor, may adopt  emergency regulations that are necessitated by an emergency situation. An  agency may also adopt an emergency regulation when Virginia statutory law or  the appropriation act or federal law or federal regulation requires that a  regulation be effective in 280 days or less from its enactment. The emergency regulation becomes operative upon its  adoption and filing with the Registrar of Regulations, unless a later date is  specified. Emergency regulations are limited to no more than 12 months in  duration; however, may be extended for six months under certain circumstances  as provided for in § 2.2-4011 D. Emergency regulations are published as  soon as possible in the Register.
    During  the time the emergency status is in effect, the agency may proceed with the  adoption of permanent regulations through the usual procedures. To begin  promulgating the replacement regulation, the agency must (i) file the Notice of  Intended Regulatory Action with the Registrar within 60 days of the effective  date of the emergency regulation and (ii) file the proposed regulation with the  Registrar within 180 days of the effective date of the emergency regulation. If  the agency chooses not to adopt the regulations, the emergency status ends when  the prescribed time limit expires.
    STATEMENT
    The  foregoing constitutes a generalized statement of the procedures to be followed.  For specific statutory language, it is suggested that Article 2 (§ 2.2-4006  et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia be examined  carefully.
    CITATION  TO THE VIRGINIA REGISTER
    The Virginia  Register is cited by volume, issue, page number, and date. 23:7 VA.R. 1023-1140  December 11, 2006, refers to Volume 23, Issue 7, pages 1023 through 1140 of  the Virginia Register issued on December 11, 2006.
    The  Virginia Register of Regulations is  published pursuant to Article 6 (§ 2.2-4031 et seq.) of Chapter 40 of Title 2.2  of the Code of Virginia. 
    Members  of the Virginia Code Commission: R.  Steven Landes, Chairman; John S. Edwards, Vice Chairman; Ryan T.  McDougle; Robert Hurt; Robert L. Calhoun; Frank S. Ferguson; E.M.  Miller, Jr.; Thomas M. Moncure, Jr.; James F. Almand; Jane M. Roush.
    Staff  of the Virginia Register: Jane  D. Chaffin, Registrar of Regulations; June T. Chandler, Assistant  Registrar.
         
       
                                                        PUBLICATION SCHEDULE AND DEADLINES
Vol. 25 Iss. 6 - November 24, 2008
November 2008 through August 2009
 
  | Volume: Issue | Material Submitted By Noon* | Will Be Published On | 
 
  | FINAL INDEX Volume 24 |   | October 2008 | 
 
  | 25:6 | November 5, 2008 | November 24, 2008 | 
 
  | 25:7 | November 18, 2008 (Tuesday) | December 8, 2008 | 
 
  | INDEX 1 Volume 25 |   | January 2009 | 
 
  | 25:8 | December 3, 2008 | December 22, 2008 | 
 
  | 25:9 | December 16, 2008 (Tuesday) | January 5, 2009 | 
 
  | 25:10 | December 30, 2008 (Tuesday) | January 19, 2009 | 
 
  | 25:11 | January 14, 2009 | February 2, 2009 | 
 
  | 25:12 | January 28, 2009 | February 16, 2009 | 
 
  | 25:13 | February 11, 2009 | March 2, 2009 | 
 
  | 25:14 | February 25, 2009 | March 16, 2009 | 
 
  | INDEX 2 Volume 25 |   | April 2009 | 
 
  | 25:15 | March 11, 2009 | March 30, 2009 | 
 
  | 25:16 | March 25, 2009 | April 13, 2009 | 
 
  | 25:17 | April 8, 2009 | April 27, 2009 | 
 
  | 25:18 | April 22, 2009 | May 11, 2009 | 
 
  | 25:19 | May 6, 2009 | May 25, 2009 | 
 
  | 25:20 | May 20, 2009 | June 8, 2009 | 
 
  | INDEX 3 Volume 25 |   | July 2009 | 
 
  | 25:21 | June 3, 2009 | June 22, 2009 | 
 
  | 25:22 | June 17, 2009 | July 6, 2009 | 
 
  | 25:23 | July 1, 2009 | July 20, 2009 | 
 
  | 25:24 | July 15, 2009 | August 3, 2009 | 
 
  | 25:25 | July 29, 2009 | August 17, 2009 | 
*Filing deadlines are Wednesdays
unless otherwise specified.
 
   
                                                        PETITIONS FOR RULEMAKING
Vol. 25 Iss. 6 - November 24, 2008
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
    BOARD OF LONG-TERM CARE ADMINISTRATORS
    Agency Decision
    Title of Regulation:  18VAC95-30. Rules Governing the Practice of Assisted Living Facility  Administrators.
    Statutory Authority:  §§ 54.1-2400 and 54.1-3102 of the Code of Virginia.
    Name of Petitioner: Stuart Lovelace.
    Nature of Petitioner's Request: To eliminate the  requirement for a national examination for licensure of assisted living  facility administrators and replace it with a state examination.
    Agency Decision: Request denied.
    Statement of Reasons for Decision: The board voted to  deny the petition and affirm its position that the test for Assisted  Living/Residential Care given by the National Association of Long Term Care Administrator  Boards is the necessary measure of competency for assisted living administrator  licensure.  Development of a Virginia-only competency exam would be extremely  expensive and would result in much higher costs for applicants. The current  examination test one's knowledge of the assisted living practice to ensure  residents are receiving adequate care. Those who have taken the examination  report that it does require some study and preparation but that it is an  appropriate test for assisted living. To date, there is a 94% passage rate with  139 persons having passed the exam and become licensed. Six persons failed; two  of those have retaken and passed the exam.
    Agency Contact: Lisa R. Hahn,  Executive Director, Board of Long-Term Care Administrators, 9960 Mayland Drive,  Suite 300, Richmond, VA 23233, telephone (804) 367-4424, FAX (804)  524-4413, or email lisa.hahn@dhp.virginia.gov.
    VA.R. Doc. No. R08-16; Filed October 29, 2008, 9:45 a.m.
         
       
                                                        
                                                        
                                                        REGULATIONS
Vol. 25 Iss. 6 - November 24, 2008
TITLE 1. ADMINISTRATION
DEPARTMENT OF GENERAL SERVICES
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2  (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia  pursuant to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 1VAC30-10. Public Participation  Guidelines (repealing 1VAC30-10-10 through 1VAC30-10-70).
    1VAC30-11. Public Participation Guidelines (adding 1VAC30-11-10 through 1VAC30-11-110).
    Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the  Code of Virginia.
    Effective Date: January 1, 2009. 
    Agency Contact: Rhonda Bishton, Regulatory Coordinator,  Department of General Services, 202 N. Ninth Street, Room 209, Richmond, VA  23219, telephone (804) 786-3311, FAX (804) 371-8305, or email  rhonda.bishton@dgs.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and maintenance  of notification lists of interested persons and specifying the information to  be sent to such persons; (ii) providing for public comments on regulatory  actions; (iii) establishing the time period during which public comments shall  be accepted; (iv) providing that the plan to hold a public meeting shall be  indicated in any notice of intended regulatory action; (v) providing for the  appointment, when necessary, of regulatory advisory panels to provide  professional specialization or technical assistance and negotiated rulemaking  panels if a regulatory action is expected to be controversial; and (vi)  providing for the periodic review of regulations.
    CHAPTER 11
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    1VAC30-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Department of General Services. This chapter does not apply to regulations,  guidelines, or other documents exempted or excluded from the provisions of the  Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    1VAC30-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Department of General  Services, which is the unit of state government empowered by the agency's basic  law to make regulations or decide cases. Actions specified in this chapter may  be fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it by  applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    1VAC30-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    1VAC30-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 1VAC30-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    1VAC30-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the publication  of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    1VAC30-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a petition  pursuant to § 2.2-4007 and shall have the sole authority to dispose of the  petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    1VAC30-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and request  to participate in its activities. The agency shall determine when a RAP shall  be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    1VAC30-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    1VAC30-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The exception  to this requirement is any meeting held in accordance with § 2.2-3707 D of the  Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    1VAC30-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    1VAC30-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to  § 2.2-4017 of the Administrative Process Act to receive comment on all  existing regulations as to their effectiveness, efficiency, necessity, clarity,  and cost of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1417; Filed October 28, 2008, 8:06 a.m. 
TITLE 1. ADMINISTRATION
DEPARTMENT OF GENERAL SERVICES
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2  (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia  pursuant to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 1VAC30-10. Public Participation  Guidelines (repealing 1VAC30-10-10 through 1VAC30-10-70).
    1VAC30-11. Public Participation Guidelines (adding 1VAC30-11-10 through 1VAC30-11-110).
    Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the  Code of Virginia.
    Effective Date: January 1, 2009. 
    Agency Contact: Rhonda Bishton, Regulatory Coordinator,  Department of General Services, 202 N. Ninth Street, Room 209, Richmond, VA  23219, telephone (804) 786-3311, FAX (804) 371-8305, or email  rhonda.bishton@dgs.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and maintenance  of notification lists of interested persons and specifying the information to  be sent to such persons; (ii) providing for public comments on regulatory  actions; (iii) establishing the time period during which public comments shall  be accepted; (iv) providing that the plan to hold a public meeting shall be  indicated in any notice of intended regulatory action; (v) providing for the  appointment, when necessary, of regulatory advisory panels to provide  professional specialization or technical assistance and negotiated rulemaking  panels if a regulatory action is expected to be controversial; and (vi)  providing for the periodic review of regulations.
    CHAPTER 11
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    1VAC30-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Department of General Services. This chapter does not apply to regulations,  guidelines, or other documents exempted or excluded from the provisions of the  Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    1VAC30-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Department of General  Services, which is the unit of state government empowered by the agency's basic  law to make regulations or decide cases. Actions specified in this chapter may  be fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it by  applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    1VAC30-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    1VAC30-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 1VAC30-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    1VAC30-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the publication  of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    1VAC30-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a petition  pursuant to § 2.2-4007 and shall have the sole authority to dispose of the  petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    1VAC30-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and request  to participate in its activities. The agency shall determine when a RAP shall  be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    1VAC30-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    1VAC30-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The exception  to this requirement is any meeting held in accordance with § 2.2-3707 D of the  Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    1VAC30-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    1VAC30-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to  § 2.2-4017 of the Administrative Process Act to receive comment on all  existing regulations as to their effectiveness, efficiency, necessity, clarity,  and cost of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1417; Filed October 28, 2008, 8:06 a.m. 
TITLE 3. ALCOHOLIC BEVERAGES
ALCOHOLIC BEVERAGE CONTROL BOARD
Final Regulation
        REGISTRAR'S  NOTICE: The following model public participation guidelines are exempt from  Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of  Virginia pursuant to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations:  3VAC5-10. Procedural Rules for the Conduct of Hearings Before the Board and Its  Hearing Officers and the Adoption or Amendment of Regulations (repealing 3VAC5-10-480).
    3VAC5-11. Public  Participation Guidelines (adding 3VAC5-11-10 through 3VAC5-11-110).
    Statutory Authority: §§ 2.2-4007.02, 4.1-103 and 4.1-111  of the Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: W. Curtis Coleburn III, Chief Operating  Officer, Department of Alcoholic Beverage Control, 2901 Hermitage Rd.,  Richmond, VA 23220, telephone (804) 213-4409, FAX (804) 213-4411, TTY (804)  213-4687, or email curtis.coleburn@abc.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated rulemaking  panels if a regulatory action is expected to be controversial; and (vi)  providing for the periodic review of regulations.
    Part V 
  Public Participation Guidelines for Adoption or Amendment of Regulations 
    3VAC5-10-480. Public participation guidelines in regulation  development; applicability; initiation of rulemaking; rulemaking procedures.  (Repealed.)
    A. Applicability. These guidelines shall apply to all  regulations subject to the Administrative Process Act that are administered by  the Department of Alcoholic Beverage Control, except as provided in subsection  G of this section. 
    B. Initiation of rulemaking (Step 1). The board shall  publish notice of the commencement or initiation of any rulemaking process.  Rulemaking procedures may be initiated at any time by the board. At the  commencement of any rulemaking process, the board may invite proposals for  regulations or regulation changes from any interested person or may limit the  process to selected proposals. All initial proposals to be considered shall be  in the form of a written petition for the adoption, amendment or repeal of any  regulation. Petitions shall be filed with the board within any time limitation  as may be specified by the board. A petition may be submitted at any time, by  any person, but it shall be at the board's discretion to initiate rulemaking  procedures as a result of such petition or petitions. All petitions shall be  considered and responded to within 180 days. Each petition shall contain the  following information, if available: 
    1. Name of petitioner; 
    2. Petitioner's mailing address and telephone number; 
    3. General description of proposal, with recommendations  for adoption, amendment or repeal of specific regulation(s); 
    4. Why is change needed? What problem is it meant to  address?; 
    5. What is the anticipated effect of not making the  change?; 
    6. Estimated costs or savings, or both, to regulated  entities, the public, or others incurred by this change as compared to current  regulations; 
    7. Who is affected by recommended change? How affected?; 
    8. Draft language; and 
    9. Supporting documents. 
    C. Notices—in general. 
    1. Mailing list. The secretary to the board shall prepare a  general mailing list of those persons and organizations who have demonstrated  an interest in specific regulations in the past through the filing of  petitions, written comments or attendance at public hearings. The mailing list  will be updated at least every two years, and a current copy will be on file in  the office of the secretary to the board. Periodically, but not less than every  two years, the board shall publish in the Virginia Register, in a newspaper  published and of general circulation in the City of Richmond, and in such other  newspapers in the Commonwealth as the board may determine, a request that any  individual or organization interested in participating in the development of  specific rules and regulations so notify the board. Any persons or  organizations identified in this process will be placed on the general mailing  list. Persons interested in the board's regulations may also register to  receive notices through the Virginia Regulatory Town Hall. 
    2. Notice to listed persons. Each person on the general  mailing list shall be sent, by U.S. mail or electronic mail using the agency  mailing list feature of the Virginia Regulatory Town Hall, a copy of all  notices pertaining to rulemaking for the board as are published in the Virginia  Register. In lieu of such copy, the board may notify those on the mailing list of  the publication of the notice and, if lengthy, offer to forward a copy upon  payment of reasonable costs for copying and mailing. 
    D. Initial requirement for public comment; participation  in regulation development; ad hoc panels; public meetings (Step 2). 
    1. Notice of Intended Regulatory Action. The board shall  solicit comments, data, views and argument from the public as to each  regulation proposal and shall encourage participation of interested persons in  the development of regulations and draft language. As to each petition or  proposal, the board shall publish a Notice of Intended Regulatory Action. The  notice shall specify the date, time and place of any public meeting to consider  the proposals, either with or without an ad hoc advisory panel, or with or  without consultation with groups and individuals who have expressed an interest  in participating in the development of specific rules and regulations and shall  contain the following information: 
    a. Subject of the proposed action; 
    b. Identification of the entities that will be affected; 
    c. Discussion of the purpose of the proposed action and the  issues involved; 
    d. Listing of applicable laws or regulations; 
    e. Name of individual, group or entity proposing  regulation; 
    f. Request for comments, data, views or argument from  interested parties, either orally or in writing, to the board or its specially  designated subordinate; 
    g. Notification of date, time and place of any scheduled  public meeting on the proposal; and 
    h. Name, address and telephone number of staff person to be  contacted for further information. 
    2. The board shall disseminate the Notice of Intended  Regulatory Action to the public via: 
    a. Publication in The Virginia Register of Regulations; 
    b. Distribution by mail or electronic mail to persons on  the general mailing list pursuant to subsection C of this section; 
    c. Press release to media throughout the Commonwealth if a  public meeting is scheduled; and 
    d. Posting on the Virginia Regulatory Town Hall. 
    3. The board may form an ad hoc advisory panel or consult  with groups and individuals who have expressed an interest in participating in  the development of specific rules and regulations to consider regulation  proposals, to make recommendations, assist in development of draft language,  and provide such advice as the board may request. The board may request the  panel or interested groups and individuals to participate in a meeting to  develop or consider regulation proposals. 
    The board's use of ad hoc advisory panels or consultation  with interested groups and individuals shall be based on, but not limited to,  the following criteria: The proposed regulation's: 
    a. Complexity; 
    b. Controversy; 
    c. Degree of substantive change; 
    d. Impact on the board, its licensees, and the public; or 
    e. Enactment required by state or federal mandate. 
    4. The board may conduct a regulation development public  meeting to receive views and comments and answer questions of the public. 
    E. Notice of public hearing and publication of proposals  pursuant to § 2.2-4007 of the Virginia Administrative Process Act (Step 3). 
    1. The board shall consider the comments, recommendations,  reports and other input from the public, industry and other interested persons  received during the initial steps of public participation in the regulation  development process, including comments, views, data and argument received  during any public meeting, before publishing a final proposed draft regulation  and initiating the proceedings required by the Administrative Process Act. 
    2. The board shall comply with the notice, publication and  other requirements of § 2.2-4007 of the Code of Virginia, and final proposed  drafts to adopt, amend or repeal regulations, together with any other required  statements, shall be published in the Virginia Register, in a newspaper  published and of general circulation in the City of Richmond, in such other  newspapers in the Commonwealth as the board may determine, and on the Virginia  Regulatory Town Hall. In addition, the board shall comply with the provisions  of subdivision C 2 of this section. Such notice shall solicit comments, views,  data and argument from the public and shall specify the date, time and place of  any scheduled public hearing to consider adoption of such regulation proposals.  
    F. Public hearing (Step 4). The board shall conduct a  public hearing to consider adoption of all proposed regulations. At such  hearing, the board may receive and consider such additional written and verbal  comment as it deems appropriate prior to any final vote. 
    G. Notwithstanding the foregoing provisions, the board may  elect to dispense with any required public participation or other required  procedure to the extent authorized by the Virginia Administrative Process Act  (§ 2.2-4000 et seq. of the Code of Virginia). 
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    3VAC5-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Alcoholic Beverage Control Board. This chapter does not apply to regulations,  guidelines, or other documents exempted or excluded from the provisions of the  Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    3VAC5-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Alcoholic Beverage Control  Board, which is the unit of state government empowered by the agency's basic  law to make regulations or decide cases. Actions specified in this chapter may  be fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    3VAC5-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as undeliverable  on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    3VAC5-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 3VAC5-11-30, the agency  shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or copies  of any documents shall not affect the validity of any regulation or regulatory  action.
    Part III 
  Public Participation Procedures 
    3VAC5-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    3VAC5-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    3VAC5-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel (RAP)  to provide professional specialization or technical assistance when the agency  determines that such expertise is necessary to address a specific regulatory  issue or action or when individuals indicate an interest in working with the  agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    3VAC5-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    3VAC5-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar  at least seven working days prior to the date of the meeting. The exception to  this requirement is any meeting held in accordance with § 2.2-3707 D of the  Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    3VAC5-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    3VAC5-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1425; Filed October 24, 2008, 9:43 a.m. 
TITLE 3. ALCOHOLIC BEVERAGES
ALCOHOLIC BEVERAGE CONTROL BOARD
Final Regulation
        REGISTRAR'S  NOTICE: The following model public participation guidelines are exempt from  Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of  Virginia pursuant to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations:  3VAC5-10. Procedural Rules for the Conduct of Hearings Before the Board and Its  Hearing Officers and the Adoption or Amendment of Regulations (repealing 3VAC5-10-480).
    3VAC5-11. Public  Participation Guidelines (adding 3VAC5-11-10 through 3VAC5-11-110).
    Statutory Authority: §§ 2.2-4007.02, 4.1-103 and 4.1-111  of the Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: W. Curtis Coleburn III, Chief Operating  Officer, Department of Alcoholic Beverage Control, 2901 Hermitage Rd.,  Richmond, VA 23220, telephone (804) 213-4409, FAX (804) 213-4411, TTY (804)  213-4687, or email curtis.coleburn@abc.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated rulemaking  panels if a regulatory action is expected to be controversial; and (vi)  providing for the periodic review of regulations.
    Part V 
  Public Participation Guidelines for Adoption or Amendment of Regulations 
    3VAC5-10-480. Public participation guidelines in regulation  development; applicability; initiation of rulemaking; rulemaking procedures.  (Repealed.)
    A. Applicability. These guidelines shall apply to all  regulations subject to the Administrative Process Act that are administered by  the Department of Alcoholic Beverage Control, except as provided in subsection  G of this section. 
    B. Initiation of rulemaking (Step 1). The board shall  publish notice of the commencement or initiation of any rulemaking process.  Rulemaking procedures may be initiated at any time by the board. At the  commencement of any rulemaking process, the board may invite proposals for  regulations or regulation changes from any interested person or may limit the  process to selected proposals. All initial proposals to be considered shall be  in the form of a written petition for the adoption, amendment or repeal of any  regulation. Petitions shall be filed with the board within any time limitation  as may be specified by the board. A petition may be submitted at any time, by  any person, but it shall be at the board's discretion to initiate rulemaking  procedures as a result of such petition or petitions. All petitions shall be  considered and responded to within 180 days. Each petition shall contain the  following information, if available: 
    1. Name of petitioner; 
    2. Petitioner's mailing address and telephone number; 
    3. General description of proposal, with recommendations  for adoption, amendment or repeal of specific regulation(s); 
    4. Why is change needed? What problem is it meant to  address?; 
    5. What is the anticipated effect of not making the  change?; 
    6. Estimated costs or savings, or both, to regulated  entities, the public, or others incurred by this change as compared to current  regulations; 
    7. Who is affected by recommended change? How affected?; 
    8. Draft language; and 
    9. Supporting documents. 
    C. Notices—in general. 
    1. Mailing list. The secretary to the board shall prepare a  general mailing list of those persons and organizations who have demonstrated  an interest in specific regulations in the past through the filing of  petitions, written comments or attendance at public hearings. The mailing list  will be updated at least every two years, and a current copy will be on file in  the office of the secretary to the board. Periodically, but not less than every  two years, the board shall publish in the Virginia Register, in a newspaper  published and of general circulation in the City of Richmond, and in such other  newspapers in the Commonwealth as the board may determine, a request that any  individual or organization interested in participating in the development of  specific rules and regulations so notify the board. Any persons or  organizations identified in this process will be placed on the general mailing  list. Persons interested in the board's regulations may also register to  receive notices through the Virginia Regulatory Town Hall. 
    2. Notice to listed persons. Each person on the general  mailing list shall be sent, by U.S. mail or electronic mail using the agency  mailing list feature of the Virginia Regulatory Town Hall, a copy of all  notices pertaining to rulemaking for the board as are published in the Virginia  Register. In lieu of such copy, the board may notify those on the mailing list of  the publication of the notice and, if lengthy, offer to forward a copy upon  payment of reasonable costs for copying and mailing. 
    D. Initial requirement for public comment; participation  in regulation development; ad hoc panels; public meetings (Step 2). 
    1. Notice of Intended Regulatory Action. The board shall  solicit comments, data, views and argument from the public as to each  regulation proposal and shall encourage participation of interested persons in  the development of regulations and draft language. As to each petition or  proposal, the board shall publish a Notice of Intended Regulatory Action. The  notice shall specify the date, time and place of any public meeting to consider  the proposals, either with or without an ad hoc advisory panel, or with or  without consultation with groups and individuals who have expressed an interest  in participating in the development of specific rules and regulations and shall  contain the following information: 
    a. Subject of the proposed action; 
    b. Identification of the entities that will be affected; 
    c. Discussion of the purpose of the proposed action and the  issues involved; 
    d. Listing of applicable laws or regulations; 
    e. Name of individual, group or entity proposing  regulation; 
    f. Request for comments, data, views or argument from  interested parties, either orally or in writing, to the board or its specially  designated subordinate; 
    g. Notification of date, time and place of any scheduled  public meeting on the proposal; and 
    h. Name, address and telephone number of staff person to be  contacted for further information. 
    2. The board shall disseminate the Notice of Intended  Regulatory Action to the public via: 
    a. Publication in The Virginia Register of Regulations; 
    b. Distribution by mail or electronic mail to persons on  the general mailing list pursuant to subsection C of this section; 
    c. Press release to media throughout the Commonwealth if a  public meeting is scheduled; and 
    d. Posting on the Virginia Regulatory Town Hall. 
    3. The board may form an ad hoc advisory panel or consult  with groups and individuals who have expressed an interest in participating in  the development of specific rules and regulations to consider regulation  proposals, to make recommendations, assist in development of draft language,  and provide such advice as the board may request. The board may request the  panel or interested groups and individuals to participate in a meeting to  develop or consider regulation proposals. 
    The board's use of ad hoc advisory panels or consultation  with interested groups and individuals shall be based on, but not limited to,  the following criteria: The proposed regulation's: 
    a. Complexity; 
    b. Controversy; 
    c. Degree of substantive change; 
    d. Impact on the board, its licensees, and the public; or 
    e. Enactment required by state or federal mandate. 
    4. The board may conduct a regulation development public  meeting to receive views and comments and answer questions of the public. 
    E. Notice of public hearing and publication of proposals  pursuant to § 2.2-4007 of the Virginia Administrative Process Act (Step 3). 
    1. The board shall consider the comments, recommendations,  reports and other input from the public, industry and other interested persons  received during the initial steps of public participation in the regulation  development process, including comments, views, data and argument received  during any public meeting, before publishing a final proposed draft regulation  and initiating the proceedings required by the Administrative Process Act. 
    2. The board shall comply with the notice, publication and  other requirements of § 2.2-4007 of the Code of Virginia, and final proposed  drafts to adopt, amend or repeal regulations, together with any other required  statements, shall be published in the Virginia Register, in a newspaper  published and of general circulation in the City of Richmond, in such other  newspapers in the Commonwealth as the board may determine, and on the Virginia  Regulatory Town Hall. In addition, the board shall comply with the provisions  of subdivision C 2 of this section. Such notice shall solicit comments, views,  data and argument from the public and shall specify the date, time and place of  any scheduled public hearing to consider adoption of such regulation proposals.  
    F. Public hearing (Step 4). The board shall conduct a  public hearing to consider adoption of all proposed regulations. At such  hearing, the board may receive and consider such additional written and verbal  comment as it deems appropriate prior to any final vote. 
    G. Notwithstanding the foregoing provisions, the board may  elect to dispense with any required public participation or other required  procedure to the extent authorized by the Virginia Administrative Process Act  (§ 2.2-4000 et seq. of the Code of Virginia). 
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    3VAC5-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Alcoholic Beverage Control Board. This chapter does not apply to regulations,  guidelines, or other documents exempted or excluded from the provisions of the  Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    3VAC5-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Alcoholic Beverage Control  Board, which is the unit of state government empowered by the agency's basic  law to make regulations or decide cases. Actions specified in this chapter may  be fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    3VAC5-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as undeliverable  on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    3VAC5-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 3VAC5-11-30, the agency  shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or copies  of any documents shall not affect the validity of any regulation or regulatory  action.
    Part III 
  Public Participation Procedures 
    3VAC5-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    3VAC5-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    3VAC5-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel (RAP)  to provide professional specialization or technical assistance when the agency  determines that such expertise is necessary to address a specific regulatory  issue or action or when individuals indicate an interest in working with the  agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    3VAC5-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    3VAC5-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar  at least seven working days prior to the date of the meeting. The exception to  this requirement is any meeting held in accordance with § 2.2-3707 D of the  Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    3VAC5-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    3VAC5-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1425; Filed October 24, 2008, 9:43 a.m. 
TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF CONSERVATION AND RECREATION
Final Regulation
        REGISTRAR'S NOTICE: The  following regulation filed by the Department of Conservation and Recreation is  exempt from the Administrative Process Act in accordance with § 2.2-4006 A  1 of the Code of Virginia, which excludes agency orders or regulations fixing  rates or prices. The Department of Conservation and Recreation will receive,  consider and respond to petitions by any interested person at any time with  respect to reconsideration or revision.
         Title of Regulation: 4VAC5-36. Standard Fees for Use  of Department of Conservation and Recreation Facilities, Programs, and Services (amending 4VAC5-36-50, 4VAC5-36-60,  4VAC5-36-70, 4VAC5-36-90, 4VAC5-36-100, 4VAC5-36-110, 4VAC5-36-120,  4VAC5-36-140, 4VAC5-36-150, 4VAC5-36-180, 4VAC5-36-200, 4VAC5-36-210; adding  4VAC5-36-115).
    Statutory Authority: § 10.1-104 of the Code of Virginia.
    Effective Date: January 1, 2009. 
    Agency Contact: David C. Dowling, Policy, Planning, and  Budget Director, Department of Conservation and Recreation, 203 Governor St.,  Suite 302, Richmond, VA 23219, telephone (804) 786-2291, FAX (804) 786-6141, or  email david.dowling@dcr.virginia.gov.
    Summary:
    The amendments include revised parking and launch fees  (4VAC5-36-50), admission fees (4VAC5-36-60), swimming fees (4VAC5-36-70),  camping fees (4VAC5-36-90), cabin fees (4VAC5-36-100), picnic shelter fees  (4VAC5-36-110), amphitheater and gazebo fees (4VAC5-36-120), interpretive  canoe, boat, and paddleboat fees (4VAC5-36-140), interpretive and educational  tours and program fees (4VAC5-36-150), state park performing arts events fees  (4VAC5-36-180), miscellaneous rental fees (4VAC5-36-200), and center and  meeting facility fees (4VAC5-36-210). A new section on horse arena fees  (4VAC5-36-115) was added to reflect the new facilities that have been  constructed.
    Increases to these rates and prices represent changes to  maintain fair market value, the addition of new facilities and offerings,  updates to ensure consistency with the private sector, and revisions to reflect  private concessionaires’ new seasonal prices.
    4VAC5-36-50. Parking and launch fees. 
    PARKING FEES (NONTAXABLE) 
           |   | WEEKDAYS | WEEKENDS | 
       | Daily Parking for Passenger Vehicles: Applies to cars,    trucks, vans (up to 15 passenger), and motorcycles. |   |   | 
       |   | All parks unless listed below. | $2.00 | $3.00 | 
       |   | Parks under construction and having only limited facilities    and services. | $2.00 | $2.00 | 
       |   | Fairy Stone, Raymond R.    "Andy" Guest Jr. Shenandoah River, Smith Mountain Lake, Claytor    Lake, Kiptopeke, Westmoreland, Mason Neck, Sky Meadows, Chippokes | $3.00 | $4.00 | 
       |   | Leesylvania, First Landing, Lake Anna, Pocahontas | $4.00 | $5.00 | 
       |   | York River Croaker Landing/Pier Area (also requires boat    launch fee for all vehicles) | $3.00 | $3.00 | 
       | Horse Trailer Parking Fee (also requires vehicle parking    fee.) All parks unless listed below. | $3.00 per trailer | $3.00 per trailer | 
       |   | Lake Anna | $4.00 per trailer | $4.00 per trailer | 
       |   | Surcharge for additional horse in same trailer. | $2.00 per horse | $2.00 per horse | 
       | Other Trailer Parking Fee: Applies to other trailers not    covered by camping, horse trailer and boat launch fee. (Add to daily parking    fee.) | $2.00 per trailer | $2.00 per trailer | 
       | Daily Bus Parking: All Seasons. Applies to vehicles with 16    or more passenger capacity. |   |   | 
       |   | All parks unless listed below. | $10 | $10 | 
       |   | Claytor Lake, Hungry Mother, Leesylvania, Mason Neck, New    River Trail | $12 | $12 | 
       |   | First Landing, Kiptopeke, Lake Anna, Pocahontas,    Westmoreland | $15 | $15 | 
       | Natural Area Preserve Parking Fees for any Vehicle: The    department may charge these fees at any Natural Area Preserve. | $2.00 | $2.00 | 
       | Boat Launch Fees: Required to use park boat ramps on bodies    of water where motorboats are permitted. Required for all vehicles using York    River Croaker Landing/Pier Area. May not apply to small "car-top"    launch facilities (facilities at which boats may only be launched by hand    carrying them to the water). The fee is normally added to the parking fee to    create a combined park/launch payment. |   |   | 
       | Daily Launch Fees: All Seasons |   |   | 
       |   | All parks unless listed below. | $3.00 | $3.00 | 
       |   | Claytor Lake | $2.00 | $2.00 | 
       |   | First Landing, Kiptopeke (with Marine Fishing License), Lake    Anna | $4.00 | $4.00 | 
       |   | Kiptopeke (without Marine Fishing License), Leesylvania | $8.00 | $8.00 | 
       | Surcharge for second boat on same trailer: jet ski | $2.00 | $2.00 | 
       | Overnight parking at boat    launch: where available | $10 | $10 | 
       | Camper's Boat Launch Fee Kiptopeke: Does not apply if camper    parks trailer at campsite. | $3.00 | $3.00 | 
       | Boat Tournament Fee for Fishing Tournaments: Registration    fee is based on the number of boats registered and is nonrefundable    regardless of number that actually participates. This fee is in addition to    the applicable daily launch fee. | No charge | $2.00 per boat | 
       |    | FEE | 
       | Annual and Lifetime Parking Fees: |   | 
       | Lifetime Naturally Yours Passport Plus: Lifetime admission    and parking pass to all state parks, plus 10% discount on camping, all state    park merchandise, equipment rentals, and shelter rentals. |   | 
       |   | Age up to 40 | $303 | 
       |   | Age 41-45 | $273 | 
       |   | Age 46-50 | $242 | 
       |   | Age 51-55 | $212 | 
       |   | Age 56‑61 | $182 | 
       | Senior Lifetime Naturally Yours Passport Plus (Age 62 or    older): See Lifetime Naturally Yours Passport Plus above. | $110 | 
       | Naturally Yours Passport Plus: 12-month from date of    purchase admission and parking pass to all state parks, plus 10% discount on    camping, all state park merchandise, equipment rentals, and shelter rentals. | $61 | 
       | Naturally Yours Parking Passport: 12-month from date of    purchase admission and parking pass to park of purchase. | $36 | 
       | Senior Naturally Yours Passport Plus: See Naturally Yours    Passport Plus above. | $33 | 
       | Senior Naturally Yours Parking Passport: See Naturally Yours    Parking Passport above. | $22 | 
       | Golden Disability Pass: Available to persons with    disabilities as verified by U.S. Social Security Administration's (SSA)    "Benefit Verification Letter." Pass remains in effect unless SSA    withdraws eligibility. | No Charge | 
       | Annual Horse Trailer-Vehicle Pass: 12-months from date of    purchase admission and park pass, including horse trailer, good at all parks. | $79 | 
       | Annual Horse Trailer-Vehicle Pass: Pocahontas and New    River Trail Only. Valid only in combination with purchase of $30 horse arena    annual pass. | $70 | 
       | Annual Horse Trailer-Vehicle Pass: Occoneechee and Staunton    River Only | $50 | 
       | Annual and Lifetime Park/Launch Fees: |   | 
       | Lifetime Naturally Yours Passport Plus for Boaters: Lifetime    admission, parking, and launch pass to all state parks, plus 10% discount on    camping, all state park merchandise, equipment rentals, and shelter rentals. |   | 
       |   | Age up to 40 | $606 | 
       |   | Age 41-45 | $545 | 
       |   | Age 46-50 | $485 | 
       |   | Age 51-55 | $424 | 
       |   | Age 56‑61 | $364 | 
       | Senior Lifetime Naturally Yours Passport Plus for Boaters    (Age 62 or older): See Lifetime Naturally Yours Passport Plus for Boaters    above. | $314 | 
       | Naturally Yours Passport Plus for Boaters: 12-month from    date of purchase admission, parking, and launch pass to all state parks, plus    10% discount on camping, all state park merchandise, equipment rentals, and    shelter rentals. | $152 | 
       | Park/Launch Passport: |   | 
       |   | 12-month from date of purchase admission, parking, and    launch pass to all state parks including Leesylvania. | $128 | 
       |   | 12-month from date of purchase admission, parking, and    launch pass to First Landing, Kiptopeke, or Lake Anna. Good only at park of    purchase. | $97 | 
       |   | 12-month from date of purchase admission, parking, and    launch pass to park of purchase other than Leesylvania, First Landing,    Kiptopeke, or Lake Anna. | $79 | 
       | Senior Naturally Yours Passport Plus for Boaters: Annual    permit for all parks including Leesylvania. | $121 | 
       | Senior Park/Launch Passport: |   | 
       |   | 12-month from date of purchase admission, parking, and    launch pass to all state parks including Leesylvania. | $109 | 
       |   | 12-month from date of purchase admission, parking, and    launch pass to First Landing, Kiptopeke, or Lake Anna. Good only at park of    purchase. | $79 | 
       |   | 12-month from date of purchase admission, parking, and    launch pass to park of purchase other than Leesylvania, First Landing,    Kiptopeke, or Lake Anna. | $66 | 
       | Buggs Island Lake Special Annual Pass: Good only at    Occoneechee and Staunton River State Parks. | $50 | 
       | Leesylvania Annual Overnight Boating/Parking Pass. | $67 | 
       | Disabled Visitor Annual Boat Launch Pass (in addition to    disabled tags). | $44 | 
       | Parks and Trails Passport: |   | 
       |   | In conjunction with the purchase of an annual parking pass | $11 | 
       |   | Without the purchase of an annual parking pass | $17 | 
       |  |  |  |  |  |  | 
  
     
           | Special Event Fees: | EVENT FEE | 
       | Standard Special Event Parking Fee: Applies to all parks and    events that utilize parking fees unless noted below. | $10 per vehicle | 
       | Community Event Fee: May be used by any park as a condition    of a Special Use Permit for a community event provided by a nonprofit group    or organization or government agency or entity. | $1.00 per vehicle | 
       | James River: James River Raft Race | $5.00 per vehicle | 
       | Sky Meadows: Strawberry Festival. |   | 
       |   | Advance payment | $15 per vehicle | 
       |   | Day of Event | $20 per vehicle | 
       | Sky Meadows: Virginia Scottish Games |   | 
       |   | Vehicle Parking | $5.00 per vehicle | 
       |   | Per Person Admission | $15 per person$5.00 per person, active military and active military family members
 $5.00 per child 6-12 years
 Children under 6 free
 | 
       | New River Trail: Wythe County Heritage Day. Grayson    Highlands Fall Festival. Hungry Mother Arts and Crafts Festival. | $6.00 per vehicle | 
       | Claytor Lake Arts and Crafts Festival: Free parking with    canned food donation on designated day. | $5.00 per vehicle$9.00 per two-day pass
 $12 per three-day pass
 | 
       | Kiptopeke: Eastern Shore Birding Festival. | Parking Fee waived to registered festival guests; otherwise    standard fees apply | 
       | Smith Mountain Lake: special park/launch rate for boaters    participating in fishing tournaments if the tournament sponsor has also    rented the Tournament Headquarters Building. | $5.00 per vehicle/ boat combination | 
       | Standard Special Event Per Person Entrance Fee: Applies to    all parks and events that utilize per person admission fees unless noted    below. | $4.00 per adult$3.00 per child, 6 through 12 years
 Children under 6 free
 | 
       | Sailor's Creek Battlefield: Battle of Sailor's Creek    Reenactment. | $5.00 per person Children under 6 free
 $10 maximum per vehicle
 $50 per bus (16 passenger +)
 | 
       | Chippokes Plantation Steam and Gas Engine Show. | $5.00 per person Children under 12 free
 | 
       | Chippokes Plantation Christmas. | $5.00 per person | 
       | Chippokes Gospel Explosion | $10 per person$7.00 for advance ticket purchase
 Children under 12 free
 | 
       | Chippokes Pork, Peanut & Pine Festival | $5 per person Children under 10 free | 
       | Grayson Highlands Wayne C. Henderson Music Festival. | $10 per personChildren under 12 free
 | 
       | York River Estuaries Day. | $2.00 (Age 3 through 12)$3.00 (Age 13 and over)
 | 
       | Natural Tunnel Special Event Parking Fee. | $2.00 per person$6.00 per vehicle
 | 
       | Occoneechee Pow Wow | $5.00 per person Seniors (62 and over) free
 Children under 4 free
 | 
       |   | Occoneechee Pow Wow School Groups | $4.00 per student Teachers and Chaperones free | 
  
    Notes on parking fees: 
    1. Weekend rates apply on Memorial Day, Fourth of July, and  Labor Day holidays. 
    2. No parking fee is required for up to two vehicles per  campsite and per cabin. Vehicles in excess of two shall pay the prevailing  daily parking fee for each day that the vehicle is parked in the park. 
    3. Except as otherwise noted, boat launching shall be free for  up to one boat per vehicle per campsite or cabin. 
    4. Parking fees are waived for any vehicle displaying disabled  license plates or temporary disabled parking identification issued by any state  or the federal government. However, the fee for any additional types of  trailers, the boat launch fee or the portion of any combined  parking-launching fee that applies to boat launching shall be collected from  such vehicles. Additionally, the price for annual passes and lifetime  passes that include boat launching for qualified disabled individuals shall be  calculated by subtracting the applicable parking pass fee from the park/launch  pass fee.
    5. Parking fees are waived for any vehicle occupied solely by  students and/or teachers and/or assisting personnel participating in an  official activity of a bona fide school, home school, or institution of  higher learning. Parks may require that individuals in vehicles other than  those marked as a school bus verify their official activity by letter from the  school or approved field trip form, or in the case of home school groups,  proof of home school status such as current ID card from a state or national  home school organization (HEAV, HSLDA, etc.) or a copy of the letter from the school  district that acknowledges "Notice of Intent" to home school for that  school year. 
    6. Parking fees are waived for official vehicles of federal,  state, and local governments while on official business; vehicles making  deliveries to the park; contractor and business vehicles performing work in the  park; and emergency vehicles while conducting official business, including  training. 
    7. Parking fees are waived for park employees during time of  employment, including family and household members of staff occupying staff  residences, visitors to staff residences, and park volunteers entering the park  to perform volunteer duties. 
    8. Parking fees may be waived for vehicles conducting research  or collecting activities provided such waiver is included in the language of  the Research and Collection Permit as required in 4VAC5-30-50.
    9. The period covered by a daily parking fee shall be midnight  to midnight. Park guests utilizing overnight parking when and where available  (e.g., backpackers, overnight fishermen, etc.) will be required to pay the  applicable daily parking fee for each calendar day that their vehicle is in the  parking lot (partial days included). 
    10. Annual permits shall be valid for 12 months from the date  of purchase, unless otherwise noted. 
    11. Parking fees are waived for visitors entering the park for  the sole purpose of dining at the park restaurant at Douthat and Hungry Mother  State Parks. 
    12. Parking fees are waived at state parks for participants in  Walk for Parks, Fall River Renaissance, Envirothons, March for Parks, Operation  Spruce-Up Day, Stewardship Virginia, National Trails Day, and other  park-sanctioned public service events as approved by the director. 
    13. Daily parking fees are reduced to $1.00 for vehicles  occupied by participants in fund-raising events sponsored by nonprofit  organizations (Walk-A-Thons, etc.) provided the sponsor has obtained a special  use permit from the park that contains provisions for the identification of  participants in the event. 
    14. Parking fees shall be waived for persons using park roads  to gain legal access to their private residence and guests to such residences;  and for vehicles passing through, but not stopping in, a park on a public  roadway. 
    15. Revenue collected from special event parking and/or admission  fees may be divided between the park and the event sponsor if so designated and  approved in the special event permit following a determination made by the  director that the revenue split is in the benefit of the Commonwealth. 
    16. Annual Park/Launch pass also covers the park entrance or  parking fee for horse trailers or other allowable trailers. Annual and Lifetime  parking-only passes do not include trailers. 
    17. Parking fees are waived for service vehicles such as tow  trucks when entering the park to service a visitor vehicle. 
    18. Parking fees are waived for visitors entering the park to  attend a performance by a U.S. military band if this is a required condition  for the band's performance. 
    19. Parking fees are included in the rental fees for meeting  facilities, up to the capacity of the facility and provided that this waiver of  fee is included in the rental agreement for the facility. 
    20. Parking fees are waived for a period of up to 15 minutes  for persons entering the park to deposit materials in community recycling  collection containers. 
    21. Parking fees are waived for vehicles occupied entirely by  persons attending fee interpretive programs. 
    22. Annual parking passes that do not include boat launch  require payment of daily launch fee if launching a boat at any park or for all  vehicles using Croaker Landing/Pier Area at York River State Park. 
    23. Annual parking pass holders are not guaranteed the parking  privileges of the pass should parking places be unavailable. 
    24. Parking fees are waived at Mason Neck during the park's  annual Elizabeth Hartwell Eagle Festival.
    4VAC5-36-60. Admission fees. 
    ADMISSION FEES (NONTAXABLE) 
           |   | DAILY ADMISSION PER PERSON    (Weekdays and Weekends unless otherwise noted.) | ANNUAL PASS (Good for 12    months from date of purchase.) | 
       | Shot    Tower | Free | NA | 
       | Southwest    VA Museum | $1.50    (Groups of 10 or more any age) | $3.00    (age 6 through 12) per year | 
       | $2.00 (Ages 6 through 12) | $5.00 (age 13 and over) per    year | 
       | $3.00 (Age 13 and up) | $15 (family: up to 2 adults    and 2 children) per year | 
       | Kiptopeke Fishing Pier Fishing    Fee | $1.00 (Age 6 through 12)$3.00 (Age 13 and over)
 | NA | 
       | Kiptopeke Fishing Pier Fishing    Fee: Coupon book good for 10 visits | $20 per 10 Passes | NA | 
       | Annual Night Fishing: All    parks where available (also requires parking fee) | $15 per person per year |   | 
       | Late Night Fishing: All parks    where available (also requires parking fee) | $3.00 per person per night |   | 
  
     
           |   | ADMISSION | 
       | Natural Tunnel Chairlift: |   | 
       |   | Children under age 6 | Free | 
       |   | Round trip per person | $3.00 | 
       |   | One-way per person | $2.00 | 
       |   | Group Rate Round Trip per person (10 or more)  | $2.00 | 
       |   | Season Pass | $20 | 
       |   | Daily Pass (Good for unlimited trips on date of issue, good    for one person only) | $6.00 | 
       | Archery Range: All parks where available; per person user    fee | $2.00 per day (over 15)$1.00 per day (under 15)
 $15 per year (any age)
 | 
       | New River Challenge Registration Fees
 |   | 
       |   | Early Registration Fee:
 | $35 per person$90 per team
 | 
       |   | Late Registration Fee:
 | $45 per person$110 per team
 | 
       | James River: River Raft Race Registration | $15 per person | 
       | Pocahontas & New River Trail Horse Show Admission | $5 per personChildren 12 & under free
 | 
       | Park Sponsored Special Event Vendor Fees. All parks where    available unless otherwise noted. | $125 per merchandise vendor$150 per food vendor
 
 $50 late fee | 
       | Occoneechee Pow Wow | $150 per merchandise vendor$175 per food vendor
 | 
       | Mason Neck Harvest Festival Event. | $50 per vendor | 
  
    Notes on admission/entrance fees: 
    1. Fees are waived at Natural Tunnel for use of the chairlift  on one designated "Customer Appreciation Day" per year. 
    2. Museum entrance fees are waived at the Southwest Virginia  Museum during the "Festival of Trees" event for members of groups who  submitted trees for the display. 
    3. For park museums and historic features that charge an  entrance fee, visitors participating in the Time Travelers program of the  Virginia Association of Museums shall be charged the existing per person group  rate for that facility. 
    4VAC5-36-70. Swimming fees. 
    SWIMMING (NONTAXABLE) 
           | Daily Swimming Fees | WEEKDAYS | WEEKENDS | 
       | All parks with fee swimming    areas unless noted. | Under age 3 Free$2.00 (Age 3 through 12)
 $3.00 (Age 13 and over)
 | Under age 3 Free$3.00 (Age 3 through 12)
 $4.00 (Age 13 and over)
 | 
       |   | Staunton River, Natural    Tunnel, and Westmoreland | Under age 3 Free$3.00 (Age 3 through 12)
 $4.00 (Age 13 and over)
 | Under age 3 Free$4.00 (Age 3 through 12)
 $5.00 (Age 13 and over)
 | 
       |   | Pocahontas | Under age 3 Free$5.00 (Age 3 through 12)
 $6.00 (Age 13 and over)
 | Under age 3 Free$7.00 (Age 3 through 12)
 $8.00 (Age 13 and over)
 | 
       |   | Group campers utilizing    primitive group camps. All parks where available unless otherwise noted. | $1.00 (all ages) | $1.00 (all ages) | 
       |   | Pocahontas (Group Cabin    Guests) | $3.00 (all ages) | $3.00 (all ages) | 
       |   | Chippokes Plantation:    Recreation/Education Fun Package: Swimming, Mansion, and Farm & Forestry    Museum (Memorial Day – Labor Day: Wed. – Sun.) | $3.50 (Age 3 through 12)$6.00 (Age 13 and over)
 | $3.50 (Age 3 through 12)$6.00 (Age 13 and over)
 | 
       | Deposit on all locker keys:    Refunded when key is returned. | $2.00 each | 
       | Swimming Coupon Book: (Age 3    and over). All parks where available unless otherwise noted. | $18$21 per 10 coupons
 $35$40 per 20 coupons
 | 
       |   | Staunton River, Natural    Tunnel, and Westmoreland | $24$28 per 10 coupons
 $45$53 per 20 coupons
 | 
       |   | Pocahontas | $35$45 per 10 coupons
 $68$86 per 20 coupons
 | 
       |   | WEEKDAYS | WEEKENDS | 
       | Group Swimming: per person (10    persons or more). All parks where available unless otherwise noted, except    Pocahontas. | $1.50 (Age 3 through 12)$2.50 (Age 13 and over)
 | $2.00 (Age 3 through 12) $3.00 (Age 13 and over) | 
       |   | Staunton River, Natural    Tunnel, and Westmoreland Group Swimming (20 persons or more). Five-day    advanced registration required. | $2.50 (all ages) | $3.50 (all ages) | 
       |   | Pocahontas Group Swimming (20    persons or more). Five-day advanced registration required. | $3.00$4.00 (all ages)
 | $5.00 (all ages) | 
       | Season Swimming Permit: All    parks where available unless otherwise noted. | $40 (Age 3 through 12)$50 (Age 13 and over)
 | 
       |   | Staunton River, Natural    Tunnel, and Westmoreland | $50 (Age 3 through 12)$60 (Age 13 and over)
 | 
       |   | Pocahontas | $60 (Age 3 through 12)$70 (Age 13 and over)
 | 
       | After-Hours Exclusive Use of    Pool or Swimming Area: All parks where available. Requires prior reservation.    Rental period of approximately 1-2 hours, depending upon operating schedule    and amount of available daylight. Cancellation fee charged if reservation is    cancelled less than 3 days before the date of event unless cancellation is    for inclement weather or cancelled by the park. | $100 (up to 25 persons)$125 (26 to 50 persons)
 $175 (51 to 75 persons)
 $200 (76 to 100 persons)
 $35 to open food concessions with rental
 $50 cancellation fee
 | 
       | Swimming lessons. All parks    where available unless otherwise noted.Package of eight 45-minute lessons (includes parking)
 | $30 per person$25 per person if two or more from same family
 | 
       |  |  |  |  |  | 
  
    Notes on swimming fees: 
    1. Nonswimming adults in street clothes admitted to swimming  areas free when supervising children age 12 and under. 
    2. Rain check Policy for Swimming: All state parks will issue  a rain check, good for a period of 12 months from the date of issue, to any paying  customer (does not apply to free swimming vouchers) if the swimming area is  forced to close for 40 minutes or more due to inclement weather. Rain checks  may be issued only to patrons present at the swimming area at the time of  closure. 
    3. A full refund is available for a group reservation only if  the park or swimming area contractor is notified three days in advance of the  time of the reservation. In the event that the group is unable to complete  their reservation due to inclement weather, rain checks will be issued to the  individual members of the group in the same manner as other park patrons. 
    4. All Season Swimming Permits include parking during the  swimming season only. 
    5. Weekend rates apply on Memorial Day, Fourth of July, and  Labor Day holidays.
    4VAC5-36-90. Camping fees. 
    CAMPING FEES (TAXABLE, Price here does not include tax) 
           | Camping fees include free use    of dump station and free swimming and boat launching for members of the    camping party during their stay at the property, when and where available,    except that at Kiptopeke State Park guest is subject to applicable launch fee    unless the trailer is returned to the campsite immediately after launching.    The number of campers per campsite is limited to six individuals except when    all campers are members of the same household. | ALL SEASONS(Per site fees)
 | 
       | Standard Sites: No hookup; access to bathhouse and    restrooms. |   | 
       |   | All parks with standard sites unless noted below. | $16 per night | 
       |   | Chippokes Plantation,Hungry Mother, Grayson    Highlands, Staunton River, Westmoreland, Occoneechee (nonwaterfront), Claytor    Lake, Raymond R. "Andy" Guest, Jr. Shenandoah River, Smith Mountain    Lake.
 | $20 per night | 
       |   | Occoneechee Waterfront Sites | $23 per night | 
       |   | Douthat, Kiptopeke, First Landing, Lake Anna. | $24 per night | 
       | Water and Electric Sites: Access to water and electric    hookups; access to bathhouse and restrooms. |   | 
       |   | All parks where available unless noted below. | $22 per night | 
       |   | Chippokes Plantation, Claytor Lake, Douthat, Fairy Stone,    Grayson Highlands, Hungry Mother, Occoneechee (nonwaterfront), Staunton    River, Westmoreland, Pocahontas, Smith Mountain Lake, Belle Isle, James    River. | $25 per night | 
       |   | Occoneechee Waterfront Sites | $28 per night | 
       |   | Kiptopeke, First Landing, Lake    Anna. | $30 per night | 
       | Water, Electric, and Sewage Sites: Access to water,    electric, and sewage hookups; access to bathhouse and restrooms. |   | 
       |   | Kiptopeke | $35 per night | 
       |   | Hungry Mother | $28 per night | 
       | Primitive Camping Sites: primitive restrooms; no showers. |   | 
       |   | All parks where available unless noted below. | $11 per night | 
       |   | James River, Sky Meadows. | $13 per night | 
       |   | Grayson Highlands: Sites with electricity (November, March    and April when bathhouses are closed) | $15 per night | 
       |   | New River Trail Primitive camping sites at Foster Falls and    Cliffview | $15 per night | 
       |   | New River Trail Water Trail Camping (no potable water) | $12 per night | 
       | Horse Camping |   | 
       |   | Horse Stall Fee | $7.00 per night (Outside Stalls)$9.00 per night (Inside Stall)
 | 
       | Standard Rates |   | 
       | Primitive Group Camp Rental (camping in special primitive    group areas) All parks where available. |   | 
       |   | Up to 20 campers. | $61 for entire area per night | 
       |   | Up to 30 campers. | $91 for entire area per night | 
       |   | 31 or more campers, up to maximum capacity of group camp    area. | $122 for entire area per night | 
       |   | Grayson Highlands: Primitive camping is available in the    stable area November, March, and April. | $15 per site per night | 
       | Special Group Camping Areas: |   | 
       |   | Fairy Stone Group Campsites. | $20 per site per night | 
       |   | Twin Lakes, Cedar Crest Group Camping Area. | $210 for entire area per night  | 
       |   | Chippokes Plantation: All 4 Sites; Group Rate; 24 persons    maximum.Natural Tunnel Group Area.
 Grayson Highlands Group Area.
 James River Group Area.
 Shenandoah Group Area.
 | $67 per night (only available as entire group area) | 
       |   | Westmoreland Group Area. | $122 per night | 
       |   | Standard Buddy Sites: All parks where available unless noted    below. | $78 per night | 
       |   | Douthat Buddy Sites. | $97 per night | 
       |   | James River Equestrian Group Area. | $91 per night | 
       | Camping – Other Fees |   | 
       |   | Pet Fees | $5.00 per pet per night | 
       |   | Dump Station Fee: Free to state park campers during stay. | $5.00 per use | 
       |   | Camping Reservation Cancellation Fee Individual Site. | $10 per reservation | 
       |   | Camping Reservation Cancellation Fee Group Sites. | $30 per reservation | 
       |   | Hiker or noncamper Shower Fee at Virginia State Parks. | $5.00 per person | 
  
    Notes on camping: 
    1. Check-out time is 3 p.m. and check-in time is 4 p.m. 
    2. Camping Transfer/Cancellation/Early Departure Policy. 
    a. Any fees to be refunded are calculated less the applicable  cancellation fee(s). 
    b. Fees paid to the reservation center by credit card will be  refunded to the original credit card charged. 
    c. Fees paid by check or money order to the reservation  center, or by any method at the park, will be refunded by state check. 
    d. A customer may move a camping reservation to another date  or park, referred to as a transfer, through the reservation center only, and  prior to 4 p.m. on the scheduled date of arrival. If the reservation center  will not be open again prior to the start date of the reservation, transferring  is not an option. There is no fee to transfer. 
    e. A camping reservation may be canceled until 4 p.m. on the  scheduled date of arrival but campers will be charged the cancellation fee.  This cancellation fee applies to each separate reservation made. 
    f. Once the 4 p.m. check-in time is reached on the scheduled  day of arrival, any adjustment to a reservation is considered an early  departure. 
    g. After the check-in time is reached, the first night is  considered used whether the site is occupied or not. 
    h. There is a one-night penalty, deducted from any amount  available for refund, for early departure. 
    3. Campers are allowed two vehicles per campsite per day  without charge of a parking fee. Additional vehicles, beyond two, must pay the  prevailing parking fee in effect at the park for each day that the vehicle(s)  is parked in the park. The number of vehicles allowed to park on the campsite  varies according to site design and size of other camping equipment. No  vehicles shall park on a campsite in other than the designated area for this  purpose. Camper vehicles that do not fit on the site, whether or not they  require the special camper vehicle fee, must park in the designated overflow  parking area. 
    4. Each member of the camping party, except in primitive group  areas, up to the maximum allowable per site, may receive an entrance pass to  the park's swimming facility on the basis of one pass per night of camping.  Passes only issued during days and seasons of operation of the swimming  facility and only good during the member's registered stay. 
    5. Damage to campsites, not considered normal wear and tear,  will be billed to the person registered for the campsite on an itemized cost  basis. 
    6. At honor collection sites, the stated camping fees on this  list shall be considered as having tax included. Honor collection is defined as  the payment of the camping fee on-site at the park at a nonelectronic  collection point at which the payment is placed in a box or safe provided for  that purpose. 
    4VAC5-36-100. Cabin fees. 
    CABIN RENTALS (TAXABLE, Price here does not include tax) 
           |   | BASE    RATE | VIRGINIA    RESIDENTS | 
       | PRIME    SEASON CABIN AND LODGE RATES | 
       | Cabin/Lodge    Type | Per-Night    Rental Fee | Per-Week    Rental Fee | Per-Night    Rental Fee | Per-Week    Rental Fee | 
       |   | Efficiency | $84 | $502 | $75 | $450 | 
       |   | One Bedroom, Standard | $98 | $589 | $88 | $529 | 
       |   | One Bedroom, Waterfront or    Water View | $108 | $652 | $97 | $582 | 
       |   | One Bedroom, Chippokes    Plantation | $113 | $686 | $104 | $617 | 
       |   | Two Bedroom, Standard, all    parks where available unless noted below | $112 | $680 | $102 | $613 | 
       |   | Two Bedroom, Bear Creek Lake,    James River, Occoneechee, Lake Anna | $118 | $713 | $106 | $643 | 
       |   | Two Bedroom, Waterfront or    Water View, all parks where available unless noted below | $125 | $749 | $112 | $674 | 
       |   | Two Bedroom, Waterfront or    Water View, Bear Creek Lake, James River,Occoneechee, Lake Anna | $130 | $784 | $118 | $706 | 
       |   | Two Bedroom, First Landing,    Chippokes Plantation | $132 | $791 | $119 | $712 | 
       |   | Three Bedroom, Standard, all    parks where available unless noted below | $129 | $771 | $116 | $692 | 
       |   | Three Bedroom, Chippokes    Plantation, Bel Air Guest House | $149 | $898 | $134 | $809 | 
       |   | Three Bedroom, Claytor Lake,    Bear Creek Lake, James River, Occoneechee, Lake Anna, Southwest Virginia    Museum Poplar Hill Cottage | $149 | $888 | $130 | $798 | 
       |   | Hill Lodge (Twin Lakes) | $167 | $1,002 | $150 | $902 | 
       |   | Fairy Stone Lodge (Fairy    Stone), Creasy Lodge (Douthat), Bel Air Mansion (Belle Isle) | $301 | $1,802 | $270 | $1,622 | 
       |   | Douthat Lodge (Douthat),    Hungry Mother Lodge (Hungry Mother), Potomac River Retreat (Westmoreland) | $354 | $2,124 | $318 | $1,913 | 
       |   | 6-Bedroom Lodge, Kiptopeke,    James River, Claytor Lake, Occoneechee, Bear Creek Lake | $371 | $2,226 | $334 | $2,004 | 
       | MID-SEASON CABIN AND LODGE    RATES | 
       | Cabin/Lodge Type | Per-Night Rental Fee | Per-Week Rental Fee | Per-Night Rental Fee | Per-Week Rental Fee | 
       |   | Efficiency | $74 | $446 | $67 | $401 | 
       |   | One Bedroom, Standard | $87 | $523 | $80 | $470 | 
       |   | One Bedroom, Waterfront or    Water View | $96 | $574 | $86 | $519 | 
       |   | One Bedroom, Chippokes    Plantation | $91$101
 | $548$611
 | $83$93
 | $494$549
 | 
       |   | Two Bedroom, Standard, all    parks where available unless noted below | $101 | $605 | $91 | $545 | 
       |   | Two Bedroom, Bear Creek Lake,    James River, Occoneechee, Lake Anna | $105 | $634 | $96 | $570 | 
       |   | Two Bedroom, Waterfront or    Water View, all parks where available unless noted below | $111 | $666 | $100 | $599 | 
       |   | Two Bedroom, Waterfront or    Water View, Bear Creek Lake, James River,Occoneechee, Lake Anna | $117 | $697 | $104 | $627 | 
       |   | Two Bedroom, First Landing,    Chippokes Plantation | $106$117
 | $633$704
 | $95$106
 | $569$634
 | 
       |   | Three Bedroom, Standard, all    parks where available unless noted below | $113 | $686 | $104 | $617 | 
       |   | Three Bedroom, Chippokes    Plantation, Bel Air Guest House | $120$133
 | $718$799
 | $108$119
 | $646$720
 | 
       |   | Three Bedroom, Claytor Lake,    Bear Creek Lake, James River, Occoneechee, Lake Anna, Southwest Virginia    Museum Poplar Hill Cottage | $126$133
 | $752$790
 | $113$116
 | $677$710
 | 
       |   | Hill Lodge (Twin Lakes) | $149 | $891 | $133 | $802 | 
       |   | Fairy Stone Lodge (Fairy Stone),    Creasy Lodge (Douthat), Bel Air Mansion (Belle Isle) | $267 | $1,603 | $240 | $1,442 | 
       |   | Douthat Lodge (Douthat),    Hungry Mother Lodge (Hungry Mother), Potomac River Retreat (Westmoreland) | $315 | $1,892 | $284 | $1,702 | 
       |   | 6-Bedroom Lodge, Kiptopeke,    James River, Claytor Lake, Occoneechee, Bear Creek Lake | $331 | $1,982 | $297 | $1,783 | 
       | OFF-SEASON CABIN AND LODGE    RATES | 
       | Cabin/Lodge Type | Per-Night Rental Fee | Per-Week Rental Fee | Per-Night Rental Fee | Per-Week Rental Fee | 
       |   | Efficiency | $62 | $372 | $57 | $335 | 
       |   | One Bedroom, Standard | $72 | $436 | $65 | $392 | 
       |   | One Bedroom, Waterfront or    Water View | $81 | $478 | $71 | $432 | 
       |   | One Bedroom, Chippokes    Plantation | $69$84
 | $412$508
 | $62$77
 | $371$457
 | 
       |   | Two Bedroom, Standard, all    parks where available unless noted below | $84 | $504 | $75 | $454 | 
       |   | Two Bedroom, Bear Creek Lake,    James River, Occoneechee, Lake Anna | $88 | $528 | $79 | $475 | 
       |   | Two Bedroom, Waterfront or    Water View, all parks where available unless noted below | $92 | $554 | $83 | $499 | 
       |   | Two Bedroom, Waterfront or    Water View, Bear Creek Lake, James River,Occoneechee, Lake Anna | $97 | $581 | $87 | $522 | 
       |   | Two Bedroom, First Landing,    Chippokes Plantation | $80$98
 | $475$585
 | $71$88
 | $426$527
 | 
       |   | Three Bedroom, Standard, all    parks where available unless noted below | $95 | $570 | $85 | $512 | 
       |   | Three Bedroom, Chippokes Plantation,    Bel Air Guest House | $89$110
 | $538$664
 | $82$99
 | $485$597
 | 
       |   | Three Bedroom, Claytor Lake,    Bear Creek Lake, James River, Occoneechee, Lake Anna, Southwest Virginia    Museum Poplar Hill Cottage | $93$110
 | $564$657
 | $85$96
 | $508$591
 | 
       |   | Hill Lodge (Twin Lakes) | $124 | $741 | $111 | $667 | 
       |   | Fairy Stone Lodge (Fairy    Stone), Creasy Lodge (Douthat), Bel Air Mansion (Belle Isle) | $222 | $1,332 | $201 | $1,199 | 
       |   | Douthat Lodge (Douthat),    Hungry Mother Lodge (Hungry Mother), Potomac River Retreat (Westmoreland)) | $263 | $1,573 | $237 | $1,415 | 
       |   | 6-Bedroom Lodge, Kiptopeke,    James River, Claytor Lake, Occoneechee, Bear Creek Lake | $275 | $1,649 | $249 | $1,483 | 
       | CAMPING CABINS, CAMPING    LODGES, YURTS, AND TRAVEL TRAILERS (camping cabins, camping lodges, yurts,    and travel trailers located in campgrounds and operated in conjunction with    the campground) | Per-Night Rental Fee | Per-Week Rental Fee | Per-Night Rental Fee | Per-Week Rental Fee | 
       | Camping Cabin rental rate:    (2-night minimum rental required) | $56$49
 | NA | $48$45
 | NA | 
       |   | Yurt rental: Standard fee | $98 | $589 | $88 | $529 | 
       |   | Travel Trailers: 25-30'    Standard fee | $98 | $589 | $88 | $529 | 
       |   | Camping Lodges: Standard fee | $98 | $589 | $88 | $529 | 
       | Additional Cabin Fees: | 
       |   | Additional Bed Rentals | $3.00 per rental night | 
       |   | Additional linens at all    parks unless otherwise noted. One set of linens is 1 sheet set (1 fitted    sheet, 1 flat sheet, and 1 pillowcase) or 1 towel set (1 bath towel, 1 hand    towel, and 1 washcloth or 2 bath towels and 1 washcloth) | $6.00$2.00 perbedsheet set
 $2.00 per towel set | 
       |   | Cabin Cancellation Fee:    Applies to all lodging in this section except as described below in    "Lodge Cancellation Fee" | $20 per cancellation period:    See notes on Cabin Transfer/Cancellation/Early Departure Policy. | 
       |   | Lodge Cancellation Fee:    Applies to Fairy Stone Lodge, Douthat Lodge, Hungry Mother Lodge, Potomac    River Retreat, and all 6-bedroom park lodges | $50 per cancellation period:    See notes on Cabin Transfer/Cancellation/Early Departure Policy | 
       |   | Pet Fee | $10 per pet per night | 
       | Pocahontas    Group Cabins | DAY | WEEK | 
       |   | Algonquian Ecology Camp Dining Hall: When rented alone;8 a.m. to 10    p.m. for day use, 24-hour use when rented with cabins | $236 | $1,181 | 
       |   | Swift Creek Dining Hall: When rented with a minimum of two    cabins.8 a.m. to 10 p.m. for day use, 24-hour use when rented with    cabins | $105$275
 | $525$1,375
 | 
       |   | Dining Hall: fee for    partial day rental when associated with full day rental as noted above | $140 | NA | 
       | Cabin Units: per unit,    per night – two units minimum in ecology camp. |  $112 |  $560 | 
       |   | One Unit – Capacity: 28
 | $97
 | $485
 | 
       |   | Two Units – Capacity: 56
 | $158
 | $789
 | 
       |   | Three Units – Capacity: 84
 | $206
 | $1,031
 | 
       |   | Four Units – Capacity: 112
 | $243
 | $1,213
 | 
       |   | Complete Algonquian Ecology    Camp (Ecology Camp)(4 units: 112 capacity) with Dining Hall | $364$460
 | $1,820$2,300
 | 
       |   | Complete Swift Creek    Camp (Group Camp #3)(2 units: 56 capacity) with Dining Hall | $279$375
 | $1,394$1,875
 | 
       | Refundable security deposit    charged for all reservations | $100 per reservation | 
       |  |  |  |  |  |  |  | 
  
    Notes on Pocahontas Group Cabins: 
    Pocahontas Group Cabins: Reservations of more than $200  or more require a 25% prepayment, due within 14 days of making the  reservation, to hold a reservation. Balance of fees is due 60 days prior  to the reservation start date. Reservations of less than $200 require payment  in full to confirm the reservation, due within 14 days of making the  reservation. Cancellations made 30 days or more prior to the first day of the  reservation shall receive a refund less a $30 per unit cancellation fee.  Cancellations made less than 30 days prior to the first date of the reservation  receive no refund unless the units are subsequently rented, in which case the  refund shall be full price minus $30 per unit. 
    Notes on cabins: 
    1. Seasonal cabin rates shall be in effect according to the  following schedule, except for camping cabins, camping lodges, yurts, and  travel trailers, which operate on the same schedule and season as the  campground at that particular park. In the event that a weekly rental period  includes two seasonal rates, the higher rate will apply for the entire weekly  rental period. 
           | PARK | PRIME SEASON | MID-SEASON | OFF-SEASON | 
       | Bear Creek Lake***Belle Isle
 Chippokes Plantation
 First Landing
 Kiptopeke
 ***Lake Anna
 ***Occoneechee
 ***Southwest Virginia Museum
 Staunton River
 Twin Lakes
 Westmoreland
 | Friday night prior to Memorial    Day through the Sunday night prior to Labor Day | April 1 through the Thursday    night prior to Memorial Day, and Labor Day through November 30 | December 1 through March 31 | 
       | Claytor LakeDouthat
 Fairy Stone
 Hungry Mother
 James River
 ***Smith Mountain Lake
 | Friday night prior to Memorial    Day through the Sunday night prior to Labor Day, and October 1 through    October 31 | April 1 through the Thursday    night prior to Memorial Day, and Labor Day through September 30, and November    1 through November 30 | December 1 through March 31 | 
       | ***Cabin or lodge    facilities will be added; exact dates of completion unknown.
 | 
  
    2. All dates refer to the night of the stay; checkout time is  10 a.m. and check-in time is 3 p.m. 
    3. The following holiday periods are charged prime season  weekend rates: the Wednesday, Thursday, Friday, and Saturday period that  includes Thanksgiving Day; and Christmas Eve and Christmas Day; and New Year's  Eve and New Year's Day. 
    4. Cabin guests are allowed two vehicles per cabin per day  without charge of parking fee. Additional vehicles must pay the prevailing  parking fee for each day that the vehicle is parked in the park. The number of  vehicles allowed to park at the cabin varies according to site design and other  factors. All vehicles must park in designated parking areas, either at the  cabin or in the designated overflow parking area. 
    5. Lodge guests are allowed six vehicles per lodge per day  without charge of parking fee. Additional vehicles must pay the prevailing  vehicle parking fee for each day the vehicle is parked in the park. The number  of vehicles allowed to park at the lodge varies according to site design and  other factors. All vehicles must park in designated parking areas, either at the  lodge or in the designated overflow parking area. 
    6. Damage to cabins, not considered normal wear and tear, may  be billed to the person registered for the cabin on an itemized cost basis. 
    7. Each member of the cabin rental party, up to the maximum  allowable for the rented unit, may receive an entrance pass to the park's  swimming facility on the basis of one pass per night of rental. Passes are only  issued during days and seasons of operation of the swimming facility and are  only good during the member's registered stay. 
    8. Employees of DCR and the members of committees and boards  of DCR shall receive a discount of 50% on applicable cabin rates for any  season, when the rental of such cabins is in connection with the official  business of DCR or its committees or boards. 
    Notes on cabin transfer/cancellation/early departure policy: 
    1. Any fees to be refunded are calculated less the applicable  cancellation fees listed below. 
    2. Fees paid to the reservation center by credit card will be  refunded to the original credit card charged. 
    3. Fees paid by check or money order to the reservation  center, or by any method at the park, will be refunded by state check. 
    4. A customer may move a cabin reservation to another date or  park, referred to as a transfer, through the reservation center only, and prior  to 5 p.m. on the Monday before the scheduled date of arrival. After 5 p.m. on  the Monday before the scheduled date of arrival, cancellation is the only  option (see note 5 below) except that transfers to a different cabin for the  same rental nights shall be allowed, subject to availability, up to the check  in time for the original reservation.
    5. Once the reservation is paid for, a customer may cancel in full  with payment of the required cancellation fee if there are more than 30 days  before the scheduled arrival date. As long as the reservation is not during the  one-week minimum stay requirement period, the length of stay may be reduced  without a fee as long as there are more than 30 days before the scheduled  arrival. However, the length of stay cannot be less than two nights. During the  30 days prior to the scheduled arrival date, the cancellation fee is charged  for each night cancelled or reduced from the stay. Once the official check-in  time on the scheduled arrival date is reached, the cancellation policy is no  longer in effect and the early departure policy applies. 
    6. Once the 3 p.m. check-in time is reached on the scheduled  day of arrival, any adjustment to a reservation is considered an early  departure. There is a two night minimum charge associated with all cabin stays.  Reducing the total nights stayed will incur a $20 per night fee. If the  original reservation was for a week, the weekly discount will no longer be  valid and the fee will be adjusted to the nightly rate before any refunds are  calculated. 
    4VAC5-36-110. Picnic shelters fees. 
    PICNIC SHELTERS (TAXABLE) 
           | The shelter rental periods shall be from park opening until    park closing, unless otherwise specified. | DAY | 
       | Standard Small Picnic Shelter Rental Fee: Bear Creek Lake,    Belle Isle, Caledon, Chippokes Plantation, Claytor Lake (including gazebo),    Douthat, Holliday Lake, Hungry Mother (half shelter), Lake Anna, Natural    Tunnel, New River Trail, Occoneechee, Pocahontas, Smith Mountain Lake, Twin    Lakes, Westmoreland, York River, and all other small park picnic shelters. | $53 | 
       | Standard Large Picnic Shelter Rental Fee: Belle Isle,    Chippokes Plantation, Claytor Lake, Douthat Fairy Stone, First Landing,    Grayson Highlands, Hungry Mother (full shelter), James River, Kiptopeke, Lake    Anna, Natural Tunnel, Occoneechee, Pocahontas, Shenandoah, Smith Mountain    Lake (Pavilion), Staunton River, Staunton River Battlefield, Twin Lakes,    Westmoreland, York River, and all other large park picnic shelters. | $84 | 
       | Shenandoah Large Group Shelter | $95 | 
       | Leesylvania Shelter Rental | $126 | 
       | Leesylvania: Lee's Landing Picnic Area Rental | $58 | 
       | Leesylvania: Lee's Landing Picnic Shelter | $315 | 
       |   | With 15 tables and 100 chairs | $735 | 
       | Mason Neck Picnic Area Rental | 
       |   | Without tent shelter | $58 | 
       |   | With tent shelter (seasonably available) | $126 | 
       | Chippokes Plantation Conference Shelter (with kitchen) | $105 per function | 
       | Chippokes Plantation Conference Shelter (without kitchen) | $63 per function | 
       | Mini-Shelter: All parks where    available unless otherwise noted. | $21 | 
       | Event Tent Rental: Full day in-park rental only. Price    includes set up and take down. | 
       |   | Standard fee: All parks where available unless otherwise    noted. | $0.38 per square foot | 
       |   | Chippokes Plantation, Douthat, Kiptopeke, Lake Anna,    Pocahontas, Shenandoah River, Sky Meadows, Smith Mountain Lake, York River. | $0.45 per square foot | 
       |   | False Cape, First Landing, Leesylvania, Mason Neck. | $0.50 per square foot | 
       |   | Standard 10' x 10' event tent | $25 per day | 
       |   | Westmoreland: 20' x 40' tent with tables and chairs | $400 per day | 
       |   | White String Lights for Tent | $0.80 per foot | 
       |   | Side Panels for Tent | $1.50 per foot | 
       | Standard Shelter Cancellation Fee: Cancellation fee deducted    from refund if refund is made more than 14 days prior to the reservation    date. No refunds if cancellation made within 14 days prior to date. Shelter    reservation may be transferred without penalty if the change is made through    the reservations center prior to scheduled use. | $10 | 
  
    4VAC5-36-115. Horse arena fees.
    HORSE ARENAS (TAXABLE)
           |    | HALF-DAY | DAY | 
       | Group Rental of Entire    Horse Arena Facility |   | 
       |   | New River Trail (includes lights) | $250 | $400 | 
       |   | Pocahontas (8 a.m. until dark, no lights available) | $180 | $300 | 
       |   | WEEKDAYS | WEEKENDS | 
       | Individual Horse Arena Facility Use Daily Pass (does not    include parking fee) |   | 
       |   | New River Trail and Pocahontas | $5.00 per person | $6.00 per person | 
       | Individual Horse Arena Facility Use Annual Pass (does not    include parking fee) New River Trail and Pocahontas |   $30 per person | 
  
    4VAC5-36-120. Amphitheater and gazebo fees. 
    AMPHITHEATERS AND GAZEBOS (TAXABLE, Price here does not  include tax) 
           | Amphitheater or Gazebo Rental Fee: The amphitheater or    gazebo rental periods shall be from park opening until park closing unless    otherwise specified. | DAY | 
       |   | Leesylvania, Fairy Stone, Staunton River, Kiptopeke and all    other amphitheaters and gazebos unless noted below. | $32 | 
       |   | Claytor Lake (gazebo),Hungry Mother, Occoneechee,    Westmoreland, New River Trail, Shenandoah River (overlook).
 | $53 | 
       |   | Smith Mountain Lake, Natural Tunnel (gazebo at Cove Ridge),    James River, First Landing (gazebo at Chesapeake Bay Center). | $74 | 
       |   | Claytor Lake (gazebo) | $84 | 
       |   | York River and Douthat | $105 | 
       |   | Natural Tunnel and First Landing Amphitheaters: Private    group or company rate: | $315 | 
       |   | Natural Tunnel and First Landing Amphitheaters: Educational    group. | $158 | 
       |   | Natural Tunnel Amphitheater Wedding Package: Three    consecutive half-day rental periods. | $420 per package | 
       |   | First Landing: Courtyard at Chesapeake Bay Center; includes    amphitheater and gazebo. | $788 | 
       |   | First Landing: Additional hourly charge for hours beyond 10    p.m. for gazebo. | $11 per hour | 
       |   | First Landing: Additional hourly charge for hours beyond 10    p.m. for Courtyard. | $53 per hour | 
       |   | Fishing Tournament Staging. All parks where available. | $26 | 
       |   | Pocahontas Amphitheater Area: Without Heritage Center.    Includes Amphitheater, Exhibit Area, Restrooms and use of sound system. | $630 | 
       |   | Pocahontas Amphitheater Area Plus Heritage Center | $840  | 
       |   | Parking Attendant (per attendant). | $11 per hour | 
       |   | Law Enforcement Officer (per officer). | $26 per hour | 
       |   | Natural Tunnel: Rental of Observation Deck at mouth of    tunnel for dinner parties. Includes use of chairlift for transportation of    guests and supplies and set-up/take-down of tables and chairs. | $300 per 4 hours  | 
       |   | Natural Tunnel Amphitheater Concession Building | $42 | 
       |   | Natural Tunnel: Sound System Rental | $32 | 
       | Stage Cover Rental: |   | 
       |   | Occoneechee | $26 | 
       | Standard Amphitheater/Gazebo Cancellation Fee: Cancellation    fee deducted from refund if refund is made more than 14 days prior to the    reservation date. No refunds if cancellation made within fourteen days prior    to date. | $11 | 
       |   | All parks unless listed below. | $11 | 
       |   | Pocahontas Amphitheater or First Landing Courtyard | $105 | 
  
    4VAC5-36-140. Interpretive canoe, boat, and paddleboat fees. 
    INTERPRETIVE CANOE, BOAT, AND PADDLEBOAT PROGRAMS (NONTAXABLE)  
           | Interpretive Canoe, Boat, and    Paddleboat Tours: | FEE | 
       | Environmental Education Group    Canoe Tour: Available only to bona fide educational groups. Requires previous    reservation and arrangements. Minimum 4 persons. Mason Neck and all other    parks where available unless otherwise noted. | $3.00 per person | 
       | Standard Canoe Interpretive Tour Fee for Individuals:    Applies to canoe, rowboat, or paddleboat tours. Child riding as third    passenger, where allowed, is free. |   | 
       |   | Individuals at all parks unless noted below. | $5.00 per person | 
       |   | Individuals at Leesylvania, York River, Pocahontas,    Kiptopeke. | $9.00 per person | 
       |   | Individuals at Mason Neck. | $15 per person | 
       |   | Individuals at Natural Tunnel. | $12 per person | 
       |   | Individuals at False Cape: Back Bay Interpretive Tour. | $16 per person | 
       |   | Family Groups at all parks unless noted below. Minimum 4    paying customers. | $4.00 per person | 
       |   | Family Groups at Leesylvania, Pocahontas, York River,    Kiptopeke. Minimum 4 paying customers. | $6.00 per person | 
       |   | Family Groups at Mason Neck. | $9.00 per person | 
       |   | Group rate at Natural Tunnel (minimum 8 paying customers). | $10 per person | 
       | Sunset, Moonlight, Dawn, or Extended Canoe Interpretive Tour    Fee for Individuals: Applies to canoe, rowboat, or paddleboat tours. |   | 
       |   | All parks where offered unless noted below. | $6.00 per person | 
       |   | Sunset, Dawn, Extended Canoe Interpretive Tour Fee for    Individuals: Leesylvania, York River, New River Trail, Pocahontas.Mason Neck.
 | $11 per person
 $15 per person | 
       |   | Sunset, Dawn, Extended Canoe Interpretive Tour Fee for    Individuals: New River Trail, Mason Neck. | $15 per person | 
       |   | Extended Canoe Interpretive Tour Fee for Individuals: Grayson Highlands. | $25 per person | 
       |   | Moonlight/Night Canoe Interpretive Tour Fee for Individuals:     Leesylvania, York River, Pocahontas.Mason Neck.
 | $13 per person$20 per person
 | 
       |   | Moonlight/Night Canoe Interpretive Tour Fee for    Individuals: Mason Neck. | $20 per person | 
       | Sunset, Moonlight, Dawn, or Extended Canoe Interpretive Tour    Fee for Family Groups: Applies to canoe, rowboat, or paddleboat tours.    Minimum four paying customers. |   | 
       |   | All parks where offered unless otherwise noted. | $5.00 per person | 
       |   | Sunset, Dawn, or Extended Canoe Interpretive Tour Fee for    Family Groups:  Leesylvania, Pocahontas, New River Trail, York River.    Requires 4 or more paying customers.
 Mason Neck. | $7.00 per person
 $11 per person | 
       |   | Sunset, Dawn, or Extended Canoe Interpretive Tour Fee for    Family Groups:  New River Trail, Mason Neck. | $11 per person | 
       |   | Moonlight/Night Canoe Interpretive Tour Fee for Family    Groups: Leesylvania, Pocahontas, andYork River. Requires 4 or more    paying customers. | $8.00 per person | 
       |   | Extended Canoe Interpretive Tour Fee for Family Groups:  Grayson Highlands. | $25 per person | 
       |   | Overnight Canoe Tour: Mason Neck/Leesylvania/Widewater    (includes tents and dinner). | $145 per person | 
       | Bear Creek Lake: Willis River Interpretive Canoe Tour |   | 
       |   | Short Trip. | $8.00 per person | 
       |   | Long Trip. | $10 per person | 
       | Natural Tunnel Clinch River: |   | 
       |   | Half-Day Trip Group Rate. Requires 8 or more paying    customers. | $12 per person | 
       |   | Full-Day Trip. Group Rate. Requires 8 or more paying    customers. | $20 per person | 
       |   | Half-Day Trip. Individuals. | $15 per person | 
       |   | Full-Day Trip. Individuals. | $25 per person | 
       |   | Overnight Trip. Individuals. | $45 per person | 
       |   | Short Trip. Clinchport to Copper Creek | $7.00 per person | 
       | Interpretive Kayak Tour, Solo Kayak: Westmoreland and    otherAll parks where available unless otherwise noted. | $16 per person | 
       | Interpretive Kayak Tour, Solo Kayak: Westmoreland | $19 per person | 
       | Interpretive Kayak Tour, Tandem Kayak: Westmoreland and otherAll parks where available unless otherwise noted. | $22 per kayak | 
       | Interpretive Kayak Tour, Tandem Kayak: Westmoreland | $25 per kayak | 
       | Interpretive Pontoon Boat Tour: All parks where available. | $2.00 (Age 3 through 12)$3.00 (Age 13 and over)
 | 
       | Lake Excursion and Ecology Tour: All parks where available    unless otherwise noted (limit 6 people per tour) | $10 per person | 
       |   | Claytor Lake | $15$10 (Age 13 and over)
 $10$7.00 (Age 3 through 12)
 | 
       |   | Rental of Entire Boat (Exclusive Use): Claytor    Lake and otherAll parks where available | $60 per tour | 
  
    Note Notes on Interpretive Canoe, Boat, and  Paddleboat Programs: 
    1. Cancellation Policy for group reservations: Guest  must cancel four days prior to the tour date in order to receive a refund. Any  guest canceling less than four days before the start of the reservation will  not be eligible for a refund. A one-time $10 cancellation fee will apply per  reservation regardless of number of boats reserved. In the event of inclement  weather where the park must cancel, the guest will be offered either a complete  refund or reservation transfer to another date. 
    2. Additional costs for supplies and materials may apply.
    4VAC5-36-150. Interpretive and educational tours and program  fees. 
    INTERPRETIVE AND EDUCATIONAL TOURS AND PROGRAMS (NONTAXABLE) 
           | Interpretive and Educational    Tours and Programs | 
       | PARK | PROGRAM | FEE | 
       | All parks unless otherwise    noted: | Standard Interpretive Program:    (Fee does not apply to informational programs such as campfire programs or    roving interpretation). | $2.00 per person$6.00 per family
 | 
       | Standard Night Hike or Evening    Program | $3.00 per person$8.00 per family
 | 
       | Standard Workshop Fee | $5.00 per child (Age 12 and    under)$15 per adult (Age 13 and over)
 | 
       | Standard Wagon Ride Program | $3.00 per person$8.00 per family
 $25 exclusive group
 | 
       | Extended or Special Event    Wagon Ride Program | $4.00 per person$10 per family
 $75 exclusive group booking
 | 
       | Park Outreach Program: Price    per park staff member conducting program | $10 for under 2 hours$25 for 2 to 3 hours
 $50 for 4 hours plus
 | 
       | Standard Junior Ranger    Program: 4-day program. All parks unless noted below. | $10 full program$3.00 per day
 | 
       | Haunted Hike | $1.00 (Age 3 through 12)$3.00 (Age 13 and over)
 | 
       | Geo Caching Interpretive    Program. | $3.00 per person $8.00 per family $25 per group | 
       | Nature-Themed Birthday    Party: Includes a nature talk, hike, games, songs, and time in the Nature    Center for gifts and cakes. At least one staff member is present to conduct    activities. | $96 per hour plus materials    cost for 12 children $8.00 per additional child | 
       | Grayson Highlands | Junior Ranger Program | $5.00 per person per day | 
       | Hayrides | $2.00 per child $3.00 per adult | 
       | Adventure Rangers Interpretive Program | $10 per person per day | 
       | Make a Birdhouse Program | $5.00 per person | 
       | Make Your Own Hiking Stick    Program | $3.00 per person | 
       | 2-Day Photography Class | $35 per person | 
       | Occoneechee | Individual interpretive    program pass: (Allows admission for one person to 4 interpretive programs    valued at $3.00 or less) | $6.00 per pass | 
       | Family interpretive program    pass: (Allows admission for members of the same family to 4 interpretive    programs valued at $8.00 or less) | $18 per pass | 
       | Pocahontas | Nature Camps | $50 per 3-hour day for one    week$100 per
6-hour day for one weekchild per program plus materials cost
 $30 per child plus    materials cost for Jr. Assistant. The Jr. Assistant helps the park staff in conducting    camp programs. | 
       | Curious Kids | $3.00 per program | 
       | Nature and Discovery Programs    (School/Groups Outreach) | $40 per hour at park$50 per$60 per 1 and one-half hours at park
 $80 per 2 hours at park
 
hourprogram    at school or park (maximum 35 participants)
 $70 per 1 and one-half hours at school$15 additional if$90 per 2 hours at school
 
over 30 miles from park program is outside of    Chesterfield County
 | 
       | Sky Meadows | Music Program | $5.00 per person | 
       | A Day in Wildflower Woods | $8.00 per person | 
       | Interpretive Program Series:    6-program series | $15 per person per program$54 per person per 4 programs
 $72 per person per 6 programs
 | 
       | Southwest Virginia Museum | How Our Ancestors Lived    (9-week children's series) | $10 per person for entire    series$2.00 per person for individual program
 | 
       | Workshop (Adult) | $10 per person | 
       | Workshop (Children) | $5.00 per person | 
       | Caledon | Caledon Eagle Tours | $6.00 per person$50 Flat Rate (minimum: 10; maximum: 20)
 | 
       | All Group Programs up to 2    hours long | $5.00 per person | 
       | Haunted Hay Ride | $12 per person | 
       | Caledon Junior Ranger Program  | $15 per person | 
       | Special Program Bus Fee:    Programs involving transportation within the natural area. | $3.00 per person | 
       | Workshop (Adult) | $15 per person | 
       | Workshop (Children) | $5.00 per person | 
       | Natural Tunnel: Cove Ridge | Guided Programs | $25 per program (Maximum 30    participants)$25 facility fee (If applicable)
 | 
       | Environmental Education    (Children's Activities) | $25 per program (Maximum 30    participants)$25 facility fee (If applicable)
 | 
       | 3 or More Activities | $15 per program$25 facility fee (If applicable)
 | 
       | Environmental Education (Adult    Facilitation) | $15 per person | 
       | Field Trips | Per program charge with use of    center; chairlift passes, if required for program, included in cost | 
       | Hungry Mother/ Hemlock Haven | Junior Naturalist Program | $4.00 per person per week$12 unlimited participation in interpretive season
 | 
       | Kiptopeke | Birding Program (Hawk    observatory/bird banding station) | $4.00 per person | 
       | Birding Program (Group Rates) | $35 (Corporate)$25 (Nonprofit)
 | 
       | York River | Guided Adventure Programs | $4.00 per person$40 per group (Minimum 12 persons)
 | 
       | York River Children's Programs | $2.00 per person, single    program$10 unlimited participation throughout Interpretive Season
 | 
       | "Nature Party":    Nature Themed Birthday Party for Children | $10 per person | 
       | Westmoreland | Guided Program Fee | $25 per person | 
       | Natural Tunnel | Junior Ranger Program    (Includes T-Shirt) | $35 per person | 
       | Standard Wagon Ride Program | $50 Exclusive Group    Reservation | 
       | Ranger Led Programs – Groups | $3.00 per person | 
       | Hay Wagon and Hot Dog Roast | $10 per person | 
       | Bike Tours - 2 hours | $10 per person | 
       | Extended Bike Tours - 4 hours | $15 per person | 
       | Canoe and Bike Tour - 4 hours | $20 per person | 
       | Halloween Haunted House/Hay    Wagon Ride | $3.00 (Age 3 through 12)
 $5.00 (Age 13 and over)
 | 
       | Canoe/Hay Wagon Ride | $12 (Age 3 through 12)$15 (Age 13 and over)
 | 
       | Mason Neck | Halloween Haunted House/Hay    Wagon Ride
 | $5.00 per person
 | 
       | Junior Ranger Program | $50 per person | 
       | Holliday Lake | Field Archaeology Workshop | $25 per person | 
       | Junior Ranger Program (3    half-day workshop) (Ages 6 to 13) | $25 per child | 
       | False Cape | Wildlife Watch Tour – Per    Person | $8.00 per person | 
       | Astronomy Program | $10 per person | 
       | Staunton River | Junior Ranger Program | $4.00 per session | 
       | Interpretive Craft | $2.00 per person | 
       | Down A Lazy River Guided Canoe    Trip | $6.00 per child$8.00 per adult
 | 
       | Hayride | $1.00 per person | 
       | First Landing | Junior Ranger Program | $25 per person | 
       | Kritter Kids | $25 per person | 
       | Bear Creek Lake | Interpretive bike tours | $3.00 per person | 
       | Leesylvania | Junior Ranger Program | $45 per person | 
       | Halloween Haunted Hike | $2.00 per person$6.00 per group (4 person maximum)
 | 
       | Interpretive Programs | $2.00 per person | 
       | Kids Fishing Tournament | $2.00 per child | 
       | Natural Tunnel | Pannel Cave Tour | $10 per person$7.00 per person (Family-Group; 8-person minimum)
 | 
       | Bolling Cave Tours | $15 per person$12 per person (Family-Group; 8-person minimum)
 | 
       | Stock Creek Tunnel Tour | $5.00 per person | 
       | Westmoreland | Orienteering Program | $3.00 per person$25 per group (20 maximum)
 | 
       | New River Trail | New River Trail Seniors Van    Tour Full Day | $25 per person | 
       | New River Trail Seniors Van    Tour Half Day | $15 per person | 
       | Bertha Cave Tour | $10 per person | 
       | James River | Haunted Wagon Ride | $5.00 per person (Age 7 and    over)Children 6 and under free
 | 
       | Belle Isle | Triple Treat Program:    Hayride/Canoe/Campfire | $10 per person | 
  
    Notes on interpretive and educational tours and programs: 
    Additional costs for supplies and materials may apply. 
    4VAC5-36-180. State park performing arts events fees. 
    STATE PARK PERFORMING ARTS EVENTS (NONTAXABLE) 
           | State Parks Performing Arts    Events: | FEE | 
       | All parks unless otherwise    noted below: | Under age 3 is free$3.00 (Age 3 through 12)
 $5.00 (Age 13 and over)
 | 
       | Pocahontas Premier Shows | $8.00 per person advance tickets, includes daily parking    fee $10 per person day of show Children 12 and under free $40 per person season tickets-includes daily parking fee    for day of all Premier shows | 
       | Natural Tunnel Gospel Singing Festival | $5.00 per vehicle | 
       | Douthat Performing Arts in the Park | Under age 3 is free$4.00 (Age 3 through 12)
 $9.00 (Age 13 and over)
 | 
       | Smith Mountain Lake: Music in the Park (per event) | Under age 12 is free$3.00 (Age 13 and over)
 | 
       |   | Pass for 10 events | $20 | 
       |   | Pass for 15 events | $28 | 
  
    Note on Performing Arts Event Fees: 
    Cancellation Policy for Performing Arts Programs: 
    1. Generally, all events go on rain or shine and no refunds  will be given. If an event is canceled by management, a full refund will be  provided to ticket holders if rescheduling is not an option. No refunds will be  given for any reason other than event cancellation. 
    2. "Ticket as Voucher" policy for Performing Arts  Series: Generally, all events go on rain or shine. Should a specific  event/program in the series be canceled by management, the cancellation policy  regarding refunds (see 1 above) applies. However, unused tickets, including  tickets not used due to purchaser's own decision, retain face value that may be  applied to entry to subsequent events, including events in future seasons. No  refunds will be given for any reason other than event cancellation. 
    4VAC5-36-200. Miscellaneous rental fees. 
    RENTALS (TAXABLE; Price here does not include tax) 
           | Bike Rentals (includes helmet) | FEE | 
       |   | All parks where available unless otherwise noted  | $3.00 per hour$8.00 per half-day
 $15 per full-day
 | 
       |   | Claytor Lake | $4.00 per hour$25 per day
 | 
       |   | New River Trail, James River, Mason Neck | $5.00 per hour$12 per half-day
 $18 per day
 | 
       |   | First Landing | $5.00 per hour$16 per day
 | 
       | Bike Helmet without bike rental | $1.00 | 
       | Child Cart for bike | $5.00 | 
       | Boat Rentals |   | 
       | Standard Paddle Boat Rental: |   | 
       |   | All parks where available unless otherwise noted  | $4.00 per half-hour$6.00 per hour
 | 
       |   | Fairy Stone, Westmoreland | $5.00 per half-hour $8.00 per hour | 
       |   | Smith Mountain Lake | $10 per half-hour$15 per one hour
 
 $60$80 for 24 hours$30 additional for each day after first day
 | 
       | Standard Canoe Rental: |   | 
       |   | All parks where available unless otherwise noted. | $8.00 per hour$15 per half-day
 $25 per full-day
 $40 for 24 hours
 $100 per week
 | 
       |   | Smith Mountain Lake | $8.00 per half-hour$12 per one hour
 $60 for 24 hours
 $30 additional for each day after first day
 | 
       |   | Claytor Lake | $8$10 per hour
 $25$35 per half-day
 $40$50 per day
 $50 per 24 hours
 | 
       |   | Leesylvania, Mason Neck | $7.00 per half-hour$12 per hour
 $35 per half-day
 $50 per day
 $60 per 24 hours
 | 
       |   | James River | $10 per hour (does not include shuttle)$40 per day (does not include shuttle)
 $120 per week (does not include shuttle)
 $12 per half hour past return time
 | 
       | Standard Float Trips: |   | 
       |   | Shenandoah River | $5.00 per person | 
       |   | James River |   | 
       |   |   | Bent Creek to Canoe Landing: |   | 
       |   |   | Canoe | $45 Max 3 people | 
       |   |   | Single Kayak | $35 per kayak | 
       |   |   | Double Kayak | $45 per kayak | 
       |   |   | Canoe Landing to Dixon Landing: |   | 
       |   |   | Tubes | $10 per tube | 
       |   |   | Group of four or more | $8.00 per tube | 
       |   |   | Canoe | $15 per canoe | 
       |   |   | Single Kayak | $15 per kayak | 
       |   |   | Double Kayak | $15 per kayak | 
       |   |   | Bent Creek to Dixon Landing: |   | 
       |   |   | Canoe | $50 per canoe | 
       |   |   | Single Kayak | $40 per kayak | 
       |   |   | Double Kayak | $50 per kayak | 
       |   |   | Shuttle Service Only: |   | 
       |   |   | Bent Creek Shuttle | $5.00 per boat (canoe/kayak)$5.00 per person
 | 
       |   |   | Tubes | $5.00 per person/Bent Creek Shuttle$2.00 between landings in park
 | 
       |   |   | Late Fee | $12 per half hour past return time | 
       |   | New River Trail | $7.00 per hour$20 per half-day
 $30 per day
 $35 per half-day, includes canoe rental and shuttle
 $50 per full day, includes canoe rental and shuttle
 | 
       |   | Canoe Rental (includes shuttle) |   | 
       |   |   | Trip A: Austinville to Foster Falls | $35 per canoe | 
       |   |   | Trip B: Ivanhoe to Austinville | $45 per canoe | 
       |   |   | Trip C: Ivanhoe to Foster Falls | $50 per canoe | 
       |   |   | Trip D: Foster Falls to Route 100 | $45 per canoe | 
       |   |   | Trip E: Route 100 to Allisonia | $50 per canoe | 
       |   |   | Trip F: Foster Falls to Allisonia | $55 per canoe | 
       |   | Kayak Rental (includes shuttle) |   | 
       |   |   | Trip A: Austinville to Foster Falls | $25 per kayak | 
       |   |   | Trip B: Ivanhoe to Austinville | $35 per kayak | 
       |   |   | Trip C: Ivanhoe to Foster Falls | $40 per kayak | 
       |   |   | Trip D: Foster Falls to Route 100 | $35 per kayak | 
       |   |   | Trip E: Route 100 to Allisonia | $40 per kayak | 
       |   |   | Trip F: Foster Falls to Allisonia | $45 per kayak | 
       | Standard Rowboat Rental,    without motor: |   | 
       |   | All parks where available unless otherwise noted | $6.00 per hour$12 per half-day
 $22 per full-day
 $36 per 24 hours
 $80 per week
 | 
       |   | Hungry Mother: Rowboats | $4.00 per hour$15 per day
 $40 per week
 | 
       |   | New River Trail: Rafts and flat-bottom boats | $7.00 per hour$20 per half-day
 $30 per day
 | 
       | Standard Rowboat Rental with electric motor and battery: All    parks where available unless otherwise noted | $10 per hour$20 per 4 hours
 $36 per day
 $100 per 4 days
 $150 per week
 | 
       | Standard Motorboat Rental, 16-foot console steering, 25-45    horsepower outboard. All parks where available. | $18 per hour$90 per day
 | 
       | Standard Fishing Boat Rental with gasoline motor and one    tank of fuel: All parks where available. | $10 per hour (2-hour minimum)$50 per day
 | 
       | Pedal Craft Rental: (Hydro-Bike, Surf-Bike, etc.) All parks    where available unless otherwise noted. |   | 
       |   | One person. | $8.00 per hour | 
       |   | Two person. | $10 per hour | 
       |   | Smith Mountain Lake: Hydro Bike  | $8.00 per half hour$12 per hour
 $4.00 additional per hour after first hour
 $60 per 24 hours
 $30 additional per day after first day
 | 
       |   | Barracuda Boat. All parks where available | $10 per hour | 
       | Solo Kayak Rental: |   | 
       |   | All parks where available unless otherwise noted  | $8.00 per hour
 $15$20 per half-day
 $25$30 perfull-dayday$40 for 24 hours
 $100 per week
 | 
       |   | Westmoreland | $9.00 per hour$17 per half-day
 $30 per day
 | 
       |   | Smith Mountain Lake | $8.00 per half hour$12 per hour
 $60 per 24 hours
 $30 additional per day after first day
 | 
       |   | Mason Neck | $6.00 per half-hour$10 per hour
 $35 per half-day
 $50 per day
 $60 per 24 hours
 | 
       |   | New River Trail
 | $7.00 per hour$20 per half-day
 $30 per day
 | 
       |   | James River | $7.00 per hour (does not include shuttle)$20 per day (does not include shuttle)
 $80 per week (does not include shuttle)
 $12 per half hour past return time
 | 
       |   | Claytor Lake | $8.00 per hour$25 per half-day
 $40 per day
 | 
       | Tandem Kayak Rental: |   | 
       |   | All parks where available unless otherwise noted. | $10 per hour$20 per half-day
 $30 per full-day
 $45 for 24 hours
 $120 per week
 | 
       |   | Westmoreland | $12 per hour$22 per half-day
 $36 per day
 | 
       |   | Smith Mountain Lake | $10 per half-hour$15 per hour
 $80 for 24 hours
 $30 additional for each day after first day
 | 
       |   | James River | $10 per hour (does not include shuttle)$35 per day (does not include shuttle)
 $120 per week (does not include shuttle)
 $12 per half hour past return time
 | 
       |   | Mason Neck | $8.00 per half-hour$15 per hour
 $45 per 4 hours
 $60 per day
 | 
       | Smith Mountain Lake: 14-foot fishing boat with 5 hp (3    person capacity). Rental does not include fuel and oil. Damage deposit of    $200 required. | $50 for 3-hours$10 additional per hour after first 3 hours
 $150 for 24 hours
 $30 additional per day after first day
 | 
       | Claytor Lake: 14-foot Jon boat with 8 hp motorDamage deposit of
 $4050% required | $15 per hour$45 per half-day
 $65 per day
 
 $78 per 24 hours | 
       | Claytor Lake: 14.5-foot fishing boat with 9.9 hp motorDamage deposit of
 $4050% required | $17 per hour$50 per half-day
 $75 per day
 
 $90 per 24 hours | 
       | Claytor Lake: 14-foot v-hull boat with 25 hp motorDamage deposit of
 $7550% required | $25 per hour$65 per half-day
 $100 per day
 
 $120 per 24 hours | 
       | Claytor Lake: 17-foot v-hull with 140 hp motorDamage deposit of
 $15050% required | $45$60 per hour
 $110$135 per half-day
 $175$210 per day
 $210 per 24 hours
 | 
       | Claytor Lake: 21-foot pontoon boat with 50 hp motor.Damage deposit of
 $15050% required | $45$60 per hour
 $110$135 per half-day
 $175$210 per day
 $210 per 24 hours
 | 
       | Claytor Lake: 20-foot17-foot bowrider with    135 hp motor.Damage deposit of
 $15050% required | $60$40 per hour
 $135$115 per half day
 $210$180 per day
 | 
       | Claytor Lake: 20-foot pontoon boat with 90 hp motor.  Damage    deposit of 50% required | $40 per hour$110 per half-day
 $175 per day
 | 
       | Claytor Lake: 24-foot pontoon boat with 75 hp motor. Damage    deposit of 50% required | $45 per hour$125 per half-day
 $200 per day
 | 
       | Claytor Lake: 30-foot pontoon boat with 115 hp motor. Damage    deposit of 50% required | $60 per hour$160 per half-day
 $250 per day
 | 
       | Claytor Lake: 18-foot bowrider with 190 hp motor. Damage    deposit of 50% required | $45 per hour$125 per half-day
 $200 per day
 | 
       | Claytor Lake: Water Sports Pontoon and Equipment Package:    Includes 24-foot pontoon boat, 2 kayaks, tubing, and ski vests.
 | $300 per day
 | 
       | Claytor Lake: Water Sports Speed Boat and Equipment    Package: Includes 17-foot bowrider, water skis, kneeboard, towrope, ski    ropes, and ski vests.
 | $250 per day
 | 
       | Occoneechee: 17-1/2-foot fishing boat. Rental includes 30    gallons of fuel. Damage deposit of $200 required | $85 per hour$20 additional per hour after first hour
 $175 per 8 hours
 $875 per 7 day week
 | 
       | Occoneechee: 20-foot pontoon boat with motor (8 person    capacity) Rental includes 30 gallons of fuel. Damage deposit of $200    required. | $85 per hour$20 additional per hour after first hour
 $175 per 8 hours
 $875 per 7 day week
 | 
       | Occoneechee: 22-foot pontoon boat with motor (10 person    capacity) Rental includes 30 gallons of fuel. Damage deposit of $200    required. | $95 per hour$20 additional per hour after first hour
 $185 per 8 hours
 $925 per 7 day week
 | 
       | Smith Mountain Lake: 18-20-foot Runabout with 190 hp (8    person capacity). Rental does not include fuel and oil. Damage deposit of    $200 required. | $150$165 for 3 hours$20 additional per hour after first 3 hours
 
 $240$255 per 8 hours
 $305$320 for 24 hours$100 additional per day after first day
 | 
       | Claytor Lake: 18-foot pontoon boat (7 person capacity)Damage deposit of
 $10050% required | $35 per hour$95 per 4 hours
 $160 per 8 hours
 $192 per 24 hours
 | 
       | Claytor Lake: 22-foot pontoon boat (11 person capacity)Damage deposit of $150 required
 | $55 per hour$125 per 4 hours
 $200 per 8 hours
 $240 per 24 hours
 | 
       | Smith Mountain Lake: 24-foot pontoon boat with 40 hp (10-12    person capacity). Damage deposit of $200 required. | $80$90 for 3 hours$20 additional per hour after first 3 hours
 
 $160$165 per 8 hours
 $200$215 for 24 hours$80 additional each day after first day
 | 
       | Smith Mountain Lake: Personal Watercraft (Waverunner 700).    Rental does not include fuel and oil. Damage deposit of $500 required. | $150$180 for 3 hours$20 additional per hour after first 3 hours
 
 $240$270 per 8 hours
 $305$335 for 24 hours
 $100$130 additional per day after first day
 | 
       | Belle Isle: Motorboat less than 25 horsepower (6(3    gallons of fuel included, 2-hour minimum) | $15 per hour $60 per half-day
 $90$100 per day | 
       | Belle Isle: Motorboat 25-49 horsepower (11 gallons of fuel    included, 2-hour minimum) | $22 per hour$70 per half-day
 $110 per day
 | 
       | Standard Damage/Replacement Fees: All parks where available    unless otherwise noted. Not required for damage due to normal wear and tear. |   | 
       |   | Paddle | $20 | 
       |   | Anchor/Rope | $40 | 
       |   | Fuel Tank/Hose | $60 | 
       |   | Fire Extinguisher | $25 | 
       |   | Throw Cushion | $10 | 
       |   | Propeller (small) | $100 | 
       |   | Propeller (large) | $135 | 
       |   | Personal Flotation Device (PFD): replacement fee for    lost/damaged PFD | $25 each | 
       | Other Rentals: |   | 
       | Personal Flotation Device (PFD): When separate from boat    rental. | $1.00 per day | 
       | Smith Mountain Lake, James River: Personal Floatation    Device, type II. | $5.00 for first day$1.00 additional days
 | 
       | Smith Mountain Lake: Personal Floatation Device, type III | $7.00 for first day$2.00 additional days
 | 
       | Canoe/Kayak Paddles: All parks where available unless    otherwise noted. | $5.00 per day | 
       | New River Trail: Float Tubes | $5.00 per hour $12 per half-day $10$18 per day
 | 
       | James River: |   | 
       |   | Cooler Tubes | $3.00 per day | 
       |   | Seat Backs (kayaks) | $3.00 per day | 
       |   | Tubes | $8.00 per hour (does not include shuttle)$20 per day (does not include shuttle)
 $12 per half hour past return time
 | 
       | Claytor Lake: 2-person tow    tube and towrope (with rental of boat only) | $20 per 2 hours$25 per half-day
 $30 per day
 | 
       | Claytor Lake: Water skis and towrope (with rental of boat    only) | $20 per 2 hours$25 per half-day
 $30 per day
 | 
       | Claytor Lake: Kneeboard and towrope (with rental of boat only) | $15 per 2 hours$20 per half-day
 $25 per day
 | 
       | Smith Mountain Lake: Tow tube; Water Skis; Knee Board | $15 per day with boat rental $5.00 per additional day$25 per day without boat rental
 | 
       | Smith Mountain Lake: Wake Board | $25 per day with boat rental $10 per additional day$30 per day without boat rental
 | 
       | Mobile Pig Cooker: All parks where available unless    otherwise noted. | $40 per day | 
       | GPS Units | $6.00 per unit per half-day $10 per unit per day | 
       | Volleyball Net and Ball Rental: All parks where available. | $10 | 
       | Binocular Rentals (2 hours): All parks where available. | $2.00 | 
       | Beach Floats: All parks where available. | $1.00 per hour$3.00 for 4-hours
 $5.00 for full-day
 | 
       | Surf Lounge Floating Chair Rental. All parks where    available. | $2.00 per hour, single chair$5.00 per half-day, single chair
 $7.00 per full day, single chair
 $3.00 per hour, double chair
 $7.00 per half-day, double chair
 $10 per full day, double chair
 | 
       | Body Board: First Landing | $6.00 per day | 
       | Beach Umbrella: All parks where available unless otherwise    noted. | $3.00 per hour$8.00 for 4 hours
 $15 for full-day
 | 
       |   | First Landing | $6.00 per day | 
       |   | Kiptopeke | $5.00 per 4 hours$8.00 per 8 hours
 | 
       | Beach Chair: All parks where available | $5.00 per day | 
       |   | First Landing | $6.00 per day | 
       | Fishing Rods: All parks where available unless otherwise    noted. | $5.00 per half-day | 
       |   | First Landing | $6.00 per day$3.00 per rod per fishing program
 | 
       | Tents with a group camp reservation. All parks where    available. |   | 
       |   | 2-person tent  | $12 per day | 
       |   | 3-person tent | $20 per day | 
       |   | 4-person tent | $25 per day | 
       |   | 5-person tent | $30 per day | 
       | Coin-Operated Washing Machine: All parks where available    unless otherwise noted. | $1.25 per load, tax included | 
       |   | First Landing | $1.50 per load, tax included | 
       | Coin Operated Dryer: All parks where available unless    otherwise noted. | $1.25 per load, tax included | 
       |   | First Landing | $1.50 per load, tax included | 
       | 6-Foot Table (Includes 6 chairs)Additional chairs:
 | $20 per rental period$3.00 each per rental period
 | 
       | Pump Out: All parks where available unless otherwise noted. | $5.00 | 
       | Horse Rentals: |   | 
       |   | All parks where available unless otherwise noted. | $20 per one-hour ride$40 per two-hour ride
 $100 per full day ride
 | 
       |   | Sky Meadows | $30 per one-hour ride$55 per two-hour ride
 $45 per 1.5-hour theme ride
 $10 pony rides, includes photo
 $250 per week, day camp (10% family discount)
 | 
       | Pony Rides: All parks where available unless otherwise    noted. | $5.00 per 15 minutes | 
       | Horseback Riding Lessons: All parks where available unless    otherwise noted. | $25 per lesson on group basis$30 per lesson for individual
 | 
       | Horseback Summer Day Camp: All parks where available unless    otherwise noted. | $180 per person per week | 
       | Horseshoe or Croquet Rental for Campers. All parks where    available. | $1.00 per hour$5.00 per day
 $20 deposit
 | 
  
    4VAC5-36-210. Conference center and meeting facility fees. 
    CONFERENCE CENTERS (TAXABLE) 
           | Prices may be discounted    and/or waived by the director when necessary to create competitive bids for    group sales. | FEE | 
       | Hemlock Haven Conference    Center at Hungry Mother |   | 
       |   | Main Hall (Capacity: 375) | $263 per day | 
       |   | Upper Level (Capacity: 50) | $158 per day | 
       |   | Redbud Room: (Capacity 35) | $53 per day | 
       |   | Laurel Room (Capacity: 20) | $37 per day | 
       |   | Entire Meeting Room Complex | $420 per day | 
       |   | Day Use Recreational Package    (Includes all outside recreational facilities) |   | 
       |   |   | 0 – 250 Persons | $263 per half-day$525 per full-day
 | 
       |   |   | 250 – 500 Persons | $394 per half-day$788 per full-day
 | 
       |   |   | 500 + persons | $525 per half-day$1,050 per full-day
 | 
       | Cedar Crest Conference Center    at Twin Lakes |   | 
       |   | Complex: Doswell Hall with    deck, grounds, volleyball, horseshoes; Kitchen, Latham and Hurt Rooms NOT    included. | $229 per 4 hours$459 per day
 $53 each extra hour
 | 
       |   | Doswell Meeting Room: Meeting    Room Only; no kitchen or dining room. | $164 per room per 4 hours$328 per room per day
 $37 each extra hour
 | 
       |   | Small breakout rooms with main    room: Latham and Hurt. | $65 per room per 4 hours$131 per room per day
 $21 each extra hour
 | 
       |   | Small breakout rooms without    main room. | $98 per room per 4 hours$196 per room per day
 $37 each extra hour
 | 
       |   | Picnic Shelter or Gazebo at    Cedar Crest. | $68 per 4 hours$131 per day
 $11 each extra hour
 | 
       |   | Kitchen rental Only available    with complex rental. | $105 per event | 
       |   | Kitchen Cleaning Fee: Deposit. | $150 per event | 
       | Chippokes Plantation Meeting,    Conference, and Special Use Facilities |   | 
       |   | Mansion Conference Room. | $26 per hour | 
       |   | Mansion or Historic Area    Grounds (Includes parking for party rental). | $525 per 4 hours | 
       |   | Mansion Board Room | $105 per 4 hours | 
       |   | Chippokes Plantation    Conference Shelter (Available on reservation basis only). | $105 per 4 hours | 
       |   | Wedding Package (includes    historic area grounds, gardens, tent set up and take down, 10 60-inch round    tables, 10 standard size rectangle tables, 100 folding chairs, Wedding    Coordinator, changing room for bride and groom, Mansion kitchen area,    boardroom, no fee for wedding rehearsal). | $1,412 per 4 hours$2,073 per 8 hours
 $50 nonrefundable reservation fee
 | 
       | Southwest Virginia Museum –    Victorian Parlor Room Rental (Based on 4-hour rental) | DAY | EVENING | 
       |   | Option #1: Victorian Parlor –    Basic Room Package (Includes tables with linen and chairs) |   | 
       |   |   | Up to 22 People (6 tables – 22    chairs) | $31  | $57 | 
       |   |   | 23 to 30 People (8 tables – 30    chairs) OR Up to 50 people (50 chairs and head table) | $42 | $68 | 
       |   | Option #2: Victorian Parlor –    Executive Room Package (Includes tables with linen and chairs, water pitcher    with glasses, coffeepot with cups (coffee not included), AV equipment, and    presentation aids) |   | 
       |   |   | Up to 22 People (6 tables – 22    chairs) | $52 | $78 | 
       |   |   | 23 to 30 People (8 tables – 30    chairs) OR Up to 50 people (50 chairs and head table) | $68 | $94 | 
       |   | Option #3: Additional meeting    rooms: Victorian Parlor must be rented in order to rent additional rooms.  |   | 
       |   |   | Hallway (downstairs) (Includes    two existing tables with linens) | $11 | $11 | 
       |   |   | Each Additional Table with    Linens | $11 | $11 | 
       |   |   | Small Parlor: AV room or Big    Stone Gap Photo room (Includes 1 table with linens and 6-8 chairs) | $31 | $31 | 
       |   |   | Big Stone Gap Development Room    (Includes 1 table with linens and 6-8 chairs) | $41 | $41 | 
       |   |   | Additional Hours | $5.00 per hour | $5.00 per hour | 
       |   |   | Wedding Portraits | $52 per 2 hours | $78 per 2 hours | 
       | Wilderness Road (Mansion and    Ground Rental) |   | 
       |   | Mansion or Lawn: separately | $63 for 4 hours | 
       |   | Mansion and Lawn: combined | $105 for 4 hours | 
       |   | Additional hours beyond    scheduled operating hours | $11 per hour | 
       | Cove Ridge Center at Natural    Tunnel:  | PRIVATE FEE | EDUCATIONAL FEE | 
       |   | Cove Ridge Center Annual    Membership: Membership entitles organization to a 25% discount on facility    rental fees and group rates on all programming offered through the center. | $1,050 per year | $525 per year | 
       |   | Day Use: Exclusive use of the    auditorium, meeting room, resource library, catering kitchen, great room with    stone fireplace and deck for two consecutive half-day rental periods, and    parking passes. | $315 | $210 | 
       |   | Overnight Use of one dorm:    Includes Day Use Package plus one dorm rooms for one night and swimming (in    season). | $683 | $498 | 
       |   | Overnight Use of both dorms:    Includes Day Use Package plus two dorm rooms for one night and swimming (in    season). | $892 | $656 | 
       |   | Wedding Package Day Use:    Exclusive use of the auditorium, meeting room, resource library, catering    kitchen, great room with stone fireplace and deck for three consecutive    half-day rental periods, and parking passes. | $525 | NA | 
       |   | Wedding Package Overnight:    Includes Day Use Package plus one dorm for one night and swimming (in    season). | $919 | NA | 
       |   | Wedding Package Overnight:    Includes Day Use Package plus both dorms for one night and swimming (in    season). | $1,102 | NA | 
       |   | Wedding Package with    Amphitheater: Rental of the park amphitheater in conjunction with any of the    above wedding packages. | $236 for the rental period | NA | 
       |   | Removal of furniture from    great room (only available with exclusive use of the center). | $42 | $42 | 
       |   | Additional seating on deck    (only available with exclusive use of the center). | $42 | $0 | 
       |   | Auditorium | $126 per half day$231 per full day
 | $99 per half day$183 per full day
 | 
       |   | Classroom – Library (half-day) | $63 | $31$47
 | 
       |   | One dorm: Overnight lodging    for up to 30, includes swimming (in season) and parking passes. | $420 per nightApril 1-October 31
 $378 per night
 November 1-March 31
 | $315 per night April 1-October    31$283 per night November 1-March 31
 | 
       |   | Both Dorms: Overnight lodging    for up to 60, includes swimming (in season) and parking passes. | $630 per night April 1-October    31$567 per night November 1-March 31
 | $472 per night April 1-October    31$425 per night November 1-March 31
 | 
       |   | Per Person Student Rate for    Overnight Dorm Use | $13 per person | $13 per person | 
       |   | Kitchen Use (when not included    in package) | $26$50 per event
 | $26$50 per event
 | 
       | Heritage Center at Pocahontas:    All reservations require 50% down at time of reservation (Nonrefundable    within 14 days of event) | PRIVATE FEE | EDUCATIONAL FEE | 
       |   | Large Room (Capacity: seated    at tables 50; reception style 125, auditorium 80: includes tables, chairs and    warming kitchen) | $131 per 4 hours$236 per full-day
 $26 each extra hour
 | $78 per 4 hours$141 per full-day
 $15 each extra hour
 | 
       | Westmoreland | FEE | 
       |   | Tayloe and Helen Murphy Hall    Meeting Facility: Includes Main Meeting Room, Kitchen, and Grounds | $350$400 (8 a.m. to 10 p.m.)
 $315 additional rental days    after first day $25 per hour for usage beyond    reservation period | 
       |   | Potomac Overlook Rental | $55 per day | 
       |   | Breakout Meeting Room (May be    rented separately from main meeting room only within 45 days of event. | $75 (8 a.m. to 10 p.m.) | 
       |   | Kitchen Clean Up Fee: (Waived    if renter cleans facility) | $250 per event | 
       |   | Wedding Package - Includes    half-day rental for wedding rehearsal, and a full-day rental for    wedding/reception | $300 | 
       |   | Potomac River Retreat: Table    and Chair Set-up | $40 | 
       | Fairy Stone |   | 
       |   | Fayerdale Hall Meeting    Facility | $236 (8 a.m. to 10 p.m.) | 
       |   | Wedding Package - Includes full-day    rental for wedding rehearsal, and a full-day rental for wedding/reception. | $315 | 
       | Douthat |   | 
       |   | Restaurant (includes table    set-up) | $236 | 
       |   | Allegheny Room: Up to 30    persons. | $158 per day | 
       |   | Wedding Package: Conference    room and amphitheater (see "amphitheater section") on day of    wedding, plus an extra half-day amphitheater for rehearsal. | $289 | 
       | First Landing |   | 
       |   | Trail Center Conference Room    (Capacity: 45) | $42 per half-day$63 per full-day
 | 
       | Lake Anna |   | 
       |   | Visitor Center | $32 per half-day$53 per full day
 | 
       |   | Concessions Building Rental | $100 per day | 
       | Bear Creek Lake |   | 
       |   | Meeting facility | $236 per day$25 each extra hour
 | 
       |   | Wedding Package | $315 per day | 
       | Claytor Lake |   | 
       |   | Marina Meeting Facility:    Includes facility, chairs, and tables. | $400$550 per day$825 per two days
 | 
       |   | Wedding Package: Includes    rental of facility for two consecutive days (8 a.m. to 10 p.m.),    chairs,andtables, gazebo, and special use permit ($10    permit fee is waived with package).Linens are not included in the    rental package. | $700$625 per day package$995 per two-day package
 | 
       |   | Meeting Package: Includes    rental of facility for three consecutive days (8 a.m. to 10 p.m.), all usage    of audiovisual equipment. Linens are not included in the rental package.
 | $1,000
 | 
       | Leesylvania Wedding/Function    Package: Includes Rental of: Lee's Landing Picnic Shelter, 100 Chairs, 15    Tables, and Parking for up to 50 vehicles | $840 per half-day$945 per full-day
 | 
       | Mason Neck |   | 
       |   | Wedding Package: 20 foot by 40    foot tent, 100 chairs, parking for up to 50 cars  | $788 per event | 
       |   | Parking Attendant | $53 per 4 hours | 
       | Smith Mountain Lake |   | 
       |   | Meeting room at Visitor Center | $158 per day | 
       |   | Exceeding approved hours. All    parks unless otherwise noted below. | $25 per hour | 
       | Sky Meadows |   | 
       |   | Timberlake House Meeting Room | $50 per half-day$75 per day
 | 
       |   | Timberlake House Kitchen (in    conjunction with rental of meeting room) | $25 per day or part of day | 
       | Equipment and Services    Associated with Meetings and Rentals: |   | 
       |   | Microphone/Podium Rental | $15 per day | 
       |   | Linen Rentals: |   | 
       |   |   | Table cloth onlyPlace settings
 | $3.00 per table$2.00 each
 | 
       |   | Twin Lakes |   | 
       |   |   | Overlay | $1.25 per table | 
       |   |   | Napkins | $0.40 per napkin | 
       |   | Fax | First 2 pages free$2.00 each extra page
 | 
       |   | Copies | Single copy free$0.15 each extra copy
 | 
       |   | Lost Key Fee | $10 | 
       |   | Easels | $5.00 per day | 
       |   | Overhead Projector | $10 per day | 
       |   | TV with VCR | $10 | 
       |   | Second TV | $10 | 
       |   | Overhead Projector with Screen | $10 | 
       |   | Slide Projector with Screen | $10 | 
       |   | Flip Chart | $10 | 
       | Event Clean Up Fees |   | 
       |   | Park labor to clean up after    special events and facility rentals if not done in accordance with rental    agreement or use permit  | $50 per hour | 
  
    Notes on conference and meeting facilities fees: 
    Conference and meeting facilities require a 30% prepayment due  10 days after making reservation, and payment of the full balance prior to or  on the first day of the reservation. Cancellations made 14 or more days prior  to the first day of the reservation shall be charged the lesser of 10% of the  total fee or $100. Cancellations made less that 14 days prior to the first date  of the reservation shall be charged 30% of the total fee. 
    VA.R. Doc. No. R09-1620; Filed November 5, 2008, 11:34 a.m. 
TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF FORESTRY
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 4VAC10-10. Public  Participation Guidelines (repealing 4VAC10-10-10, 4VAC10-10-20,  4VAC10-10-30).
    4VAC10-11. Public Participation Guidelines (adding 4VAC10-11-10 through 4VAC10-11-110). 
    Statutory Authority: §§ 2.2-4007.02 and 10.1-1101 of the  Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: Ronald S. Jenkins, Administrative  Officer, Department of Forestry, 900 Natural Resources Drive, Suite 800,  Charlottesville, VA 22903, telephone (434) 977-6555, FAX (434) 293-2768, or  email ron.jenkins@dof.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    4VAC10-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Department of Forestry. This chapter does not apply to regulations, guidelines,  or other documents exempted or excluded from the provisions of the  Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    4VAC10-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Department of Forestry, which  is the unit of state government empowered by the agency's basic law to make  regulations or decide cases. Actions specified in this chapter may be fulfilled  by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any person,  adopted by the agency in accordance with the authority conferred on it by  applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    4VAC10-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification list  by registering as a public user on the Town Hall or by making a request to the  agency. Any person who requests to be placed on a notification list shall elect  to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    4VAC10-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 4VAC10-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    4VAC10-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    4VAC10-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    4VAC10-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    4VAC10-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    4VAC10-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    4VAC10-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    4VAC10-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1428; Filed November 4, 2008, 8:55 a.m. 
TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF FORESTRY
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 4VAC10-10. Public  Participation Guidelines (repealing 4VAC10-10-10, 4VAC10-10-20,  4VAC10-10-30).
    4VAC10-11. Public Participation Guidelines (adding 4VAC10-11-10 through 4VAC10-11-110). 
    Statutory Authority: §§ 2.2-4007.02 and 10.1-1101 of the  Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: Ronald S. Jenkins, Administrative  Officer, Department of Forestry, 900 Natural Resources Drive, Suite 800,  Charlottesville, VA 22903, telephone (434) 977-6555, FAX (434) 293-2768, or  email ron.jenkins@dof.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    4VAC10-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Department of Forestry. This chapter does not apply to regulations, guidelines,  or other documents exempted or excluded from the provisions of the  Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    4VAC10-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Department of Forestry, which  is the unit of state government empowered by the agency's basic law to make  regulations or decide cases. Actions specified in this chapter may be fulfilled  by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any person,  adopted by the agency in accordance with the authority conferred on it by  applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    4VAC10-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification list  by registering as a public user on the Town Hall or by making a request to the  agency. Any person who requests to be placed on a notification list shall elect  to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    4VAC10-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 4VAC10-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    4VAC10-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    4VAC10-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    4VAC10-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    4VAC10-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    4VAC10-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    4VAC10-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    4VAC10-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1428; Filed November 4, 2008, 8:55 a.m. 
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION 
Final Regulation
    Title of Regulation: 4VAC20-20. Pertaining to the  Licensing of Fixed Fishing Devices (amending 4VAC20-20-50).
    Statutory Authority: § 28.2-201 of the Code of Virginia.
    Effective Date: November 1, 2008. 
    Agency Contact: Jane Warren, Agency Regulatory  Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor,  Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email  betty.warren@mrc.virginia.gov.
    Summary:
    This amendment exempts licensed pound net fisherman within  the modified pound net leader area from requirements to fish their pound nets  and establish a complete system of nets and poles in 2008 in order to renew  their licenses.
    4VAC20-20-50. Priority rights; renewal by current licensee. 
    A. Applications for renewal of license for existing fixed  fishing devices may be accepted by the officer beginning at 9 a.m. on December  1 of the current license year through noon on January 10 of the next license  year providing the applicant has met all requirements of law and this chapter.  Any location not relicensed during the above period of time shall be considered  vacant and available to any qualified applicant after noon on January 10. 
    B. Except as provided in subsections C and D of this section,  a currently licensed fixed fishing device must have been fished during the  current license year in order for the licensee to maintain his priority right  to such location. It shall be mandatory for the licensee to notify the officer,  on forms provided by the commission, when the fixed fishing device is ready to  be fished in the location applied for, by a complete system of nets and poles,  except as provided in subsection D of this section, for the purpose of visual  inspection by the officer. Either the failure of the licensee to notify the  officer when the fixed fishing device is ready to be fished or the failure by  the licensee actually to fish the licensed device, by use of a complete system  of nets and poles, except as provided in subsection D of this section, shall  terminate his right or privilege to renew the license during the period set  forth in subsection A of this section of this chapter, and he shall not become  a qualified applicant for such location until 9 a.m. on February 1. Any  application received from an unqualified applicant under this subsection shall  be considered as received at 9 a.m. on February 1; however, in the event of the  death of a current license holder, the priority right to renew the currently  held locations of the deceased licensee shall not expire by reason of failure  to fish said locations during the year for which they were licensed, but one  additional year shall be and is hereby granted to the personal representative  or lawful beneficiary of the deceased licensee to license the location in the  name of the estate of the deceased licensee for purposes of fishing said  location or making valid assignment thereof. 
    C. During the effective period of 4VAC20-530, which  establishes a moratorium on the taking and possession of American shad in the  Chesapeake Bay and its tributaries, any person licensed during 1993 to set a  staked gill net who chooses not to set that net during the period of the  moratorium may maintain his priority right to the stake net's 1993 location by  completing an application for a fixed fishing device and submitting it to the  officer. No license fee shall be charged for the application. 
    D. Current pound net licensees shall not be required to fish  their pound nets or establish a complete system of nets and poles, in 2007  2008 in order to renew their licenses or maintain their priority rights  to such locations, for 2008 2009. 
    VA.R. Doc. No. R09-1662; Filed October 30, 2008, 11:20 a.m. 
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION 
Final Regulation
    Title of Regulation: 4VAC20-252. Pertaining to the  Taking of Striped Bass (amending 4VAC20-252-90, 4VAC20-252-100). 
    Statutory Authority: § 28.2-201 of the Code of Virginia.
    Effective Date: November 1, 2008. 
    Agency Contact: Jane Warren, Agency Regulatory  Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor,  Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email  betty.warren@mrc.virginia.gov.
    Summary:
    The amendments change the dates for the possession limit of  two fish per person to October 4 through December 20, and the possession limit  of one fish per person to December 21 through December 31 for the bay fall  recreational striped bass fishery and the Potomac River tributaries fall  recreational striped bass fishery.
    4VAC20-252-90. Bay fall striped bass recreational fishery. 
    A. The open season for the bay fall striped bass recreational  fishery shall be October 4 through December 31, inclusive. 
    B. The area open for this fishery shall be the Chesapeake Bay  and its tributaries. 
    C. The minimum size limit for this fishery shall be 18 inches  total length. 
    D. The maximum size limit for this fishery shall be 28 inches  total length, except as provided in subsection F G of this  section. 
    E. The possession limit for this fishery shall be two fish  per person from October 4 through December 9 20. 
    F. The possession limit for this fishery shall be one fish  per person from December 10 21 through December 31.
    G. The possession limits described in subsection E and F of  this section may consist of only one striped bass 34 inches or greater. 
    4VAC20-252-100. Potomac River tributaries summer/fall striped  bass recreational fishery. 
    A. The open season for the Potomac River tributaries fall  striped bass fishery shall correspond to the open fall season as established by  the Potomac River Fisheries Commission for the mainstem Potomac River. 
    B. The area open for this fishery shall be the Potomac River  tributaries. 
    C. The minimum size limit for this fishery shall be 18 inches  total length. 
    D. The maximum size limit for this fishery shall be 28 inches  total length, except as provided in subsection F G of this  section. 
    E. The possession limit for this fishery shall be two fish  per person from October 4 through December 9 20. 
    F. The possession limit for this fishery shall be one fish  per person from December 10 21 through December 31.
    G. The possession limits described in subsection E and F of  this section may consist of only one striped bass 34 inches or greater. 
    VA.R. Doc. No. R09-1669; Filed October 30, 2008, 11:07 a.m. 
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION 
Final Regulation
    Title of Regulation: 4VAC20-260. Pertaining to  Designation of Seed Areas and Clean Cull Areas (amending 4VAC20-260-35, 4VAC20-260-40). 
    Statutory Authority: § 28.2-201 of the Code of Virginia.
    Effective Date: November 1, 2008. 
    Agency Contact: Jane Warren, Agency Regulatory  Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor,  Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email  betty.warren@mrc.virginia.gov.
    Summary:
    The amendments establish (i) a maximum cull size of 4-1/4  inches for harvested oysters; (ii) culling tolerances for undersized and  oversized oysters; and (iii) stricter penalties for the Lower Rappahannock  River, Rotation Areas 1 through 3, for the 2008-2009 public oyster harvest  season.
    4VAC20-260-35. Maximum cull size in the Rappahannock River.
    In order to protect potentially disease tolerant oysters in  the Lower Rappahannock River, maximum size limits are hereby established. In  the Lower Rappahannock River, Rotation Areas 1 through 6 3,  oysters larger than the maximum size limit shall either be collected by the  Marine Resources Commission or returned immediately to the natural beds, rocks,  or shoals when taken. Allowance for oversized oysters and shells incidentally  retained during culling are described in 4VAC20-260-40.
    Oysters taken for direct human consumption from Rotation  Areas 1 through 6 3 in the Lower Rappahannock River shall not  have shells greater than 4-1/4 inches in length.
    4VAC20-260-40. Culling tolerances or standards.
    A. In the clean cull areas, except the Lower Rappahannock  River, Rotation Areas 1 through 6 3, if more than one four-quart  measure of undersized oysters or shells is found per bushel inspected, it shall  constitute a violation of this chapter.
    B. In the Lower Rappahannock River, Rotation Areas 1 through 6  3, if more than one four-quart measure of undersized or oversized  oysters or shells is found per bushel inspected, it shall constitute a  violation of this chapter.
    C. In the James River seed areas, if more than one six-quart  measure of shells is found per bushel of seed oysters inspected, it shall  constitute a violation of this chapter.
    D. In the James River seed areas, if more than one four-quart  measure of undersized oysters or shells are found per bushel of clean cull  oysters inspected, it shall constitute a violation of this chapter.
    E. On the seaside of Eastern Shore seed areas, if more than  one four-quart measure of undersized (less than three inches) oysters and shell  is found per bushel of oysters to be marketed for direct consumption, it shall  constitute a violation of this chapter.
    VA.R. Doc. No. R09-1668; Filed October 30, 2008, 11:10 a.m. 
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION 
Final Regulation
    Title of Regulation: 4VAC20-751. Pertaining to the  Setting and Mesh Size of Gill Nets (amending 4VAC20-751-20). 
    Statutory Authority: § 28.2-201 of the Code of Virginia.
    Effective Date: October 29, 2008. 
    Agency Contact: Jane Warren, Agency Regulatory  Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor,  Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email  betty.warren@mrc.virginia.gov.
    Summary
    This amendment makes it unlawful for any person to place  any unattended gill net within 500 yards of the mean high-water mark on the  ocean side of Northampton and Accomack counties, north of a line, beginning at  the southernmost point of Smith Island and thence extending due east to the  three-mile limit line.
    4VAC20-751-20. Gill net mesh sizes, restricted areas, and  season. 
    A. From January 1 through March 25 of each year, it shall be  unlawful for any person to place, set, or fish any gill net with a stretched  mesh size between 3-3/4 inches and six inches within the restricted areas as  set forth below, except that during the month of February any legally licensed  fisherman may place, set, or fish any gill net with a stretched mesh size from  five inches to six inches within the restricted areas described in this  subsection. From March 26 through June 15 of each year, it shall be unlawful  for any person to place, set, or fish any gill net with a stretched mesh size  greater than six inches within the restricted areas set forth below, except as  described in 4VAC20-252-135: 
    1. In James River, those tidal waters upstream of a line  connecting Willoughby Spit and Old Point Comfort; 
    2. In Back River, those tidal waters upstream of a line  connecting Factory Point and Plumtree Point; 
    3. In Poquoson River, those tidal waters upstream of a line  connecting Marsh Point and Tue Point; 
    4. In York River, those tidal waters upstream of a line  connecting Tue Point and Guinea Marshes; 
    5. In Mobjack Bay, those tidal waters upstream of a line  connecting Guinea Marshes and New Point Comfort; 
    6. In Milford Haven, those tidal waters upstream of a line  connecting Rigby Island and Sandy Point; 
    7. In Piankatank River, those tidal waters upstream of a line  connecting Cherry Point and Stingray Point; and 
    8. In Rappahannock River, those tidal waters upstream of a  line connecting Stingray Point to Windmill Point. 
    B. During the period May 1 through June 30, it shall be  unlawful for any person to have aboard any vessel or to place, set, or fish  more than 8,400 feet of gill net. 
    C. During the period May 1 through June 30, it shall be  unlawful for any person to have aboard any vessel or to place, set, or fish any  gill net in the Chesapeake Bay or in Virginia's portion of the Territorial Sea,  that is made, set or fished in a tied-down manner, by connecting the net's head  rope and foot rope with lines, which cause the net to form a pocket of webbing.  
    D. During the period June 1 through June 30, it shall be  unlawful for any person to have aboard any vessel or to place, set, or fish any  gill net with a stretched mesh greater than six inches in the Virginia portion  of the Territorial Sea, south of a line connecting Smith Island Light and the  three-mile limit line. 
    E. From June 1 through October 15, it shall be unlawful for  any person to place any anchored, weighted, or unattended gill net  within 500 yards of the mean high-water mark, on the ocean side of Northampton  and Accomack counties, north of a line, beginning at the southern most point of  Smith Island and thence extending due east to the three-mile limit line.
    VA.R. Doc. No. R09-1663; Filed October 30, 2008, 9:52 a.m. 
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION 
Final Regulation 
    Title of Regulation: 4VAC20-910. Pertaining to Scup  (Porgy) (amending 4VAC20-910-45). 
    Statutory Authority: § 28.2-201 of the Code of Virginia.
    Effective Date: November 1, 2008. 
    Agency Contact: Jane Warren, Agency Regulatory  Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor,  Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email  betty.warren@mrc.virginia.gov.
    Summary:
    The amendment lowers the commercial possession limit for  scup from 3,500 pounds to 2,000 pounds for November 1 through December 31 of  each year.
    4VAC20-910-45. Possession limits and harvest quotas.
    A. During the period January 1 through April 30 of each year,  it shall be unlawful for any person to do any of the following:
    1. Possess aboard any vessel in Virginia more than 30,000  pounds of scup.
    2. Land in Virginia more than a total of 30,000 pounds of scup  during each consecutive 14-day landing period, with the first 14-day period beginning  on January 2.
    B. When it is projected and announced that 80% of the  coastwide quota for this period has been attained, it shall be unlawful for any  person to possess aboard any vessel or to land in Virginia more than a total of  1,000 pounds of scup.
    C. During the period November 1 through December 31 of each  year, it shall be unlawful for any person to possess aboard any vessel or to  land in Virginia more than 3,500 2,000 pounds of scup.
    D. During the period May 1 through October 31 of each year,  the commercial harvest and landing of scup in Virginia shall be limited to  2,887 pounds.
    E. For each of the time periods set forth in this section,  the Marine Resources Commission will give timely notice to the industry of  calculated poundage possession limits and quotas and any adjustments thereto.  It shall be unlawful for any person to possess or to land any scup for  commercial purposes after any winter period coastwide quota or summer period  Virginia quota has been attained and announced as such.
    F. It shall be unlawful for any buyer of seafood to receive  any scup after any commercial harvest or landing quota has been attained and  announced as such.
    G. It shall be unlawful for any person fishing with hook and  line, rod and reel, spear, gig or other recreational gear to possess more than  50 scup. When fishing is from a boat or vessel where the entire catch is held  in a common hold or container, the possession limit shall be for the boat or  vessel and shall be equal to the number of persons on board legally eligible to  fish multiplied by 50. The captain or operator of the boat or vessel shall be  responsible for any boat or vessel possession limit. Any scup taken after the  possession limit has been reached shall be returned to the water immediately.
    VA.R. Doc. No. R09-1667; Filed October 30, 2008, 11:13 a.m. 
TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION 
Final Regulation
    Title of Regulation: 4VAC20-1170. Requirements  Related to the Purchase of Fish From the Catcher (adding 4VAC20-1170-10, 4VAC20-1170-20). 
    Statutory Authority: § 28.2-207 of the Code of Virginia.
    Effective Date: December 1, 2008. 
    Agency Contact: Jane Warren, Agency Regulatory  Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor,  Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email  betty.warren@mrc.virginia.gov.
    Summary:
    This chapter sets certified scale requirements of persons,  businesses or corporations licensed to purchase fish.
    CHAPTER 1170
  REQUIREMENTS RELATED TO THE PURCHASE OF FISH FROM THE CATCHER
    4VAC20-1170-10. Certified scale required.
    Any person, business, or corporation, licensed  to  purchase fish, shellfish, or marine organisms from the catcher, as required by  § 28.2-228 of the Code of Virginia, that is engaged in the transfer,  off-loading, or purchase, from the catcher of fish, shellfish, or marine  organisms that are regulated by a harvest weight limit or quota, possession  weight limit, or landing weight limit shall use and maintain a certified scale  to weigh those fish, shellfish, or marine organisms.  The scale used by  the person, business or corporation shall be certified as accurate by the  Virginia Commissioner of Agriculture and Consumer Services. Annually, the person,  business, or corporation licensed by § 28.2-228 shall provide a signed  statement to the commission verifying that the weight is determined by use of a  scale certified as accurate by the Virginia Commissioner of Agriculture and  Consumer Services and shall post a copy of that signed statement at the place  of transfer, off-loading, or purchase.
    4VAC20-1170-20. Penalty.
    As set forth in § 28.2-903 of the Code of Virginia, any  person violating any provision of this chapter shall be guilty of a Class 3  misdemeanor and a second or subsequent violation of any provision of this  chapter committed by the same person within 12 months of a prior violation is a  Class 1 misdemeanor.
    VA.R. Doc. No. R09-1666; Filed October 30, 2008, 11:18 a.m. 
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
FORENSIC SCIENCE BOARD
Proposed Regulation
    Title of Regulation: 6VAC40-60. DNA Data Bank  Regulations (adding 6VAC40-60-10 through 6VAC40-60-80).
    Statutory Authority: § 19.2-310.5 of the Code of  Virginia.
    Public Hearing Information: No public hearings are  scheduled. 
    Public Comments: Public comments may be submitted until  5 p.m. on January 23, 2009.
    Agency Contact: Michele M. Gowdy, Department Counsel,  Department of Forensic Science, 700 North Fifth Street, Richmond, VA 23219,  telephone (804) 786-6848, FAX (804) 786-6857, or email  michele.gowdy@dfs.virginia.gov.
    Basis: Section 19.2-310.5 of the Code of Virginia states  that the Department of Forensic Science "shall adopt regulations governing  (i) the methods of obtaining information from the data bank in accordance with  this section and (ii) procedures for verification of the identity and authority  of the requestor." (See Chapter 868 of the 2005 Acts of Assembly).
    Purpose: The new regulations establish the process for  the Department of Forensic Science to allow law enforcement to obtain  information from the data bank and the procedures for verifying the requestor’s  identity and authority as outlined in § 19.2-310.5 of the Code of  Virginia. These regulations fulfill the General Assembly’s mandate, and help  promote the health, safety and general welfare of the public.
    Substance: The new regulations establish the  procedures for law enforcement to obtain information from the DNA data bank, as  well as the process by which the Department of Forensic Science shall publish  lists periodically of the department employees who have access to the data bank  in addition to the level of access each employee has.
    Issues: These regulations will provide the public with  delineated guidelines on access to the DNA data bank. The advantage to the  public and the Commonwealth is that the DNA data bank provides published lists  of department employees who have access to the data bank and their level of  access. This provides a level of security that is necessary and exists  currently, but is not in a published forum. There are no disadvantages to the public  or the Commonwealth.
    The Department of Planning and Budget's Economic Impact  Analysis:
    Summary of the Proposed Amendments to Regulation. The  Department of Forensic Science (DFS) proposes to promulgate new regulations to  establish procedures for law enforcement officers to obtain information from  Virginia’s DNA data bank.
    Result of Analysis. The benefits likely exceed the costs for  all proposed changes.
    Estimated Economic Impact. As required by Code of Virginia  § 19.2-310.5, DFS proposes to promulgate current department policies for  accessing DNA data bank information into regulation. These policies allow  federal, state and local law enforcement officers to request information from  the DNA data bank "in furtherance of an official criminal investigation of  any criminal offence". DFS requires law enforcement entities to submit  requests for information in writing to the data bank supervisor.  DFS  staff are required to verify the identity of individuals requesting information  and signify on the bottom the written request that they have done this. DFS  policies, and these regulations, also mandate security measures for the DNA  data bank. Computers that house DNA information must be password protected and  DNA samples must be stored in a locked room. Access to both computers and  physic samples is limited to DFS staff "whose access is a necessary  function of their jobs."
    These proposed regulations will benefit DFS staff and law  enforcement officers by formalizing and clarifying the rules under which DNA  data may be accessed. These proposed regulations will likely also benefit the  public as interested individuals will be able to access these rules more  easily. Affected entities are unlikely to incur any extra costs on account of  these proposed regulations since these rules were already enforced by DFS.
    Businesses and Entities Affected. These regulations will affect  all law enforcement entities who access the DNA data bank as well as all  individuals whose DNA is in the data bank. DFS reports that they process  approximately 200-300 requests for DNA data bank information each year.
    Localities Particularly Affected. No locality will be  particularly affected by this proposed regulatory action.
    Projected Impact on Employment. This regulatory action will  likely have no impact on employment in the Commonwealth.
    Effects on the Use and Value of Private Property. This  regulatory action will likely have no affect on the use or value of private  property in the Commonwealth.
    Small Businesses: Costs and Other Effects. Small businesses in  the Commonwealth are unlikely to incur any costs on account of this regulatory  action.
    Small Businesses: Alternative Method that Minimizes Adverse  Impact. Small businesses in the Commonwealth are unlikely to incur any costs on  account of this regulatory action.
    Real Estate Development Costs. This regulatory action will  likely have no affect on real estate development costs in the Commonwealth.
    Legal Mandate. The Department of Planning and Budget (DPB) has  analyzed the economic impact of this proposed regulation in accordance with  § 2.2-4007.04 of the Administrative Process Act and Executive Order Number  36 (06). Section 2.2-4007.04 requires that such economic impact analyses  include, but need not be limited to, the projected number of businesses or other  entities to whom the regulation would apply, the identity of any localities and  types of businesses or other entities particularly affected, the projected  number of persons and employment positions to be affected, the projected costs  to affected businesses or entities to implement or comply with the regulation,  and the impact on the use and value of private property. Further, if the  proposed regulation has adverse effect on small businesses, § 2.2-4007.04  requires that such economic impact analyses include (i) an identification and  estimate of the number of small businesses subject to the regulation; (ii) the  projected reporting, recordkeeping, and other administrative costs required for  small businesses to comply with the regulation, including the type of professional  skills necessary for preparing required reports and other documents; (iii) a  statement of the probable effect of the regulation on affected small  businesses; and (iv) a description of any less intrusive or less costly  alternative methods of achieving the purpose of the regulation.  The  analysis presented above represents DPB’s best estimate of these economic  impacts.
    Agency's Response to the Department of Planning and Budget's  Economic Impact Analysis: The Department of Forensic Science agrees with  the estimated economic impact stated in the economic impact analysis 6VAC40-60,  DNA Data Bank Regulations.
    Summary: 
    The proposed regulations establish the procedures for law  enforcement to obtain information from the DNA data bank and further establish  who at the Department of Forensic Science has access to the DNA data bank. The  regulations also detail the level of access for each Department of Forensic  Science employee.
    CHAPTER 60 
  DNA DATA BANK REGULATIONS 
    6VAC40-60-10. Definitions.
    The following words and terms when used in this regulation  shall have the following meanings unless the context clearly indicates  otherwise:
    "Agency" means any federal, state or local  government law-enforcement organization in the Commonwealth.
    "Department" means the Department of Forensic  Science.
    "DNA" means deoxyribonucleic acid.
    "DNA analysis" means analysis conducted on  blood, saliva or tissue samples to obtain a genetic profile of identification  characteristics.
    "DNA data bank" means the Department of Forensic  Science database of DNA profiles and/or the corresponding identifying  information.
    "DNA profile" means the results of forensic DNA  analysis of a bodily substance.
    "Sample" means a biological sample taken for DNA  analysis.
    "Subject" means the individual from whom the  profile is obtained.
    6VAC40-60-20. Persons authorized to obtain information  regarding whether or not an individual's DNA profile is in the DNA data bank.
    Any written request for any information from the DNA data  bank shall come from a federal, state or local law-enforcement officer whose  request is made in furtherance of an official criminal investigation of any  criminal offense. 
    6VAC40-60-30. Person(s) to whom a request for information  from the DNA data bank may be addressed.
    The written request must be addressed to the DNA data bank  supervisor at the Department of Forensic Science and be signed by the  requestor.
    6VAC40-60-40. Contents of a request for information from the  DNA data bank.
    Any written request for information from the DNA data bank  must contain the most complete identifying information available for the  subject: full name, social security number, date of birth, race, sex, state  identification number. The request must specify that the information is being  obtained in the course of an official investigation of any criminal offense.
    6VAC40-60-50. Form of the request.
    A. All requests must be in writing and addressed to the  DNA data bank supervisor. Requests should be on official letterhead and signed  by the requesting official.
    B. Any request made in person will be reduced to writing  and verified by department personnel.
    1. If the request is made in person, it must be reduced to  writing on a plain piece of white paper and signed by the requesting official.
    2. The plain white piece of paper must include the  requestor's agency name and address.
    3. The identity of the requestor must be verified by  department personnel with verification of the requestor's identification card  and badge number.
    4. Once verification is made, the plain white piece of  paper must also be signed by the same department employee on the bottom of the  paper with the language "Identification verified by viewing requestor's  identification card - badge #" written near the signature and signed by  department personnel.
    6VAC40-60-60. Where to make request.
    Requests may be made:
    1. Via facsimile: (804) 786-9985.
    2. Via United States mail: 700 North Fifth Street,  Richmond, VA 23219.
    3. In person at: 700 North Fifth Street, Richmond, VA  23219.
    6VAC40-60-70. Security of the DNA data bank.
    Access to the DNA data bank computers and samples is  restricted. The computers are password protected and the samples are stored  physically in a locked room within the Virginia Department of Forensic Science  central laboratory. Access is limited to those individuals within the  department whose access is a necessary function of their jobs.
    6VAC40-60-80. Publishing employee access levels to the DNA  data bank.
    The Department of Forensic Science shall periodically  publish in the Virginia Register of Regulations a list of positions that have  access to the DNA data bank as a necessary function of their jobs. The list  shall also include the level of access that the position will have. Such list  shall be published forthwith after any addition or deletion of any position to  or from the approved list. 
    VA.R. Doc. No. R07-739; Filed October 30, 2008, 3:56 p.m. 
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Final Regulation
        REGISTRAR'S NOTICE: The  following regulatory actions are exempt from the Administrative Process Act in  accordance with § 2.2-4006 A 4 c of the Code of Virginia, which excludes  regulations that are necessary to meet the requirements of federal law or  regulations, provided such regulations do not differ materially from those  required by federal law or regulation.  The State Air Pollution Control  Board will receive, consider and respond to petitions by any interested person  at any time with respect to reconsideration or revision.
         Title of Regulation: 9VAC5-80. Permits for Stationary  Sources (amending 9VAC5-80-1615, 9VAC5-80-1695). 
    Statutory Authority: § 10.1-1308 of the Code of  Virginia; §§ 110, 112, 165, 173, 182 and Title V of the Clean Air Act; 40  CFR Parts 51, 61, 63, 70 and 72.
    Effective Date: December 31, 2008. 
    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  kgsabastea@deq.virginia.gov.
    Summary:
    The amendment establishes a new source review (NSR) permit  program whereby owners of sources locating in prevention of significant  deterioration (PSD) areas are required to obtain a permit prior to construction  of a new facility or modification (physical change or change in the method of  operation) of an existing one.  
    The PSD NSR program applies to the construction or reconstruction  of new major stationary sources or major modifications to existing ones. The  owner must obtain a permit from the board prior to the construction or  modification of the source. The owner of the proposed new or modified source  must provide information as may be needed to enable the board to conduct a  preconstruction review in order to determine compliance with applicable control  technology and other standards, and to assess the impact of the emissions from  the facility on air quality. The regulation also provides the basis for the  board’s final action (approval or disapproval) on the permit depending on the  results of the preconstruction review.
    The PSD NSR program requires a facility to use the best  available control technology (BACT) to control emissions from the proposed  facility, and requires a facility to control emissions from the proposed  facility such that the air quality standards or increments are not violated
    The PSD NSR program has been revised to specify that  nitrogen oxides (NOX) are a precursor of ozone in addition to  volatile organic compounds (VOCs) in the definitions of "major  modification," "major stationary source," "regulated NSR  pollutant" and "significant," and the list of exempted facilities.  
    9VAC5-80-1615. Definitions. 
    A. As used in this article, all words or terms not defined  herein shall have the meaning given them in 9VAC5 Chapter 10 (9VAC5-10) 9VAC5-10  (General Definitions), unless otherwise required by context. 
    B. For the purpose of this article, 9VAC5-80-280 and applying  this article in the context of the Regulations for the Control and Abatement of  Air Pollution and related uses, the words or terms shall have the meaning given  them in subsection C of this section: 
    C. Terms defined. 
    "Actual emissions" means the actual rate of  emissions of a regulated NSR pollutant from an emissions unit, as determined in  accordance with subdivisions a through c of this definition, except that this  definition shall not apply for calculating whether a significant emissions  increase has occurred, or for establishing a PAL under 9VAC5-80-1865. Instead,  the definitions of "projected actual emissions" and "baseline  actual emissions" shall apply for those purposes. 
    a. In general, actual emissions as of a particular date shall  equal the average rate, in tons per year, at which the unit actually emitted  the pollutant during a consecutive 24-month period that precedes the particular  date and that is representative of normal source operation. The board will  allow the use of a different time period upon a determination that it is more  representative of normal source operation. Actual emissions shall be calculated  using the unit's actual operating hours, production rates, and types of materials  processed, stored, or combusted during the selected time period. 
    b. The board may presume that source-specific allowable  emissions for the unit are equivalent to the actual emissions of the unit. 
    c. For any emissions unit that has not begun normal operations  on the particular date, actual emissions shall equal the potential to emit of  the unit on that date. 
    "Actuals PAL for a major stationary source" means a  PAL based on the baseline actual emissions of all emissions units at the source  that emit or have the potential to emit the PAL pollutant. 
    "Administrator" means the administrator of the U.S.  Environmental Protection Agency (EPA) or an authorized representative. 
    "Adverse impact on visibility" means visibility  impairment that interferes with the management, protection, preservation or  enjoyment of the visitor's visual experience of the federal class I area. This  determination shall be made on a case-by-case basis taking into account the  geographic extent, intensity, duration, frequency and time of visibility  impairment, and how these factors correlate with (i) times of visitor use of  the federal class I areas, and (ii) the frequency and timing of natural  conditions that reduce visibility. 
    "Allowable emissions" means the emissions rate of a  stationary source calculated using the maximum rated capacity of the source  (unless the source is subject to federally and state enforceable limits that  restrict the operating rate, or hours of operation, or both) and the most  stringent of the following: 
    a. The applicable standards as set forth in 40 CFR Parts 60,  61, and 63; 
    b. The applicable implementation plan emissions limitation  including those with a future compliance date; or 
    c. The emissions limit specified as a federally and state  enforceable permit condition, including those with a future compliance date. 
    For the purposes of actuals PALs, "allowable  emissions" shall also be calculated considering any emission limitations  that are enforceable as a practical matter on the emissions unit's potential to  emit. 
    "Applicable federal requirement" means all of, but  not limited to, the following as they apply to emissions units in a source  subject to this article (including requirements that have been promulgated or  approved by the administrator through rulemaking at the time of permit issuance  but have future-effective compliance dates): 
    a. Any standard or other requirement provided for in an  implementation plan established pursuant to § 110 or § 111(d) of the federal  Clean Air Act, including any source-specific provisions such as consent  agreements or orders. 
    b. Any limit or condition in any construction permit issued  under the new source review program or in any operating permit issued pursuant  to the state operating permit program. 
    c. Any emission standard, alternative emission standard,  alternative emission limitation, equivalent emission limitation or other  requirement established pursuant to § 112 or § 129 of the federal Clean Air Act  as amended in 1990. 
    d. Any new source performance standard or other requirement  established pursuant to § 111 of the federal Clean Air Act, and any emission  standard or other requirement established pursuant to § 112 of the federal  Clean Air Act before it was amended in 1990. 
    e. Any limitations and conditions or other requirement in a  Virginia regulation or program that has been approved by EPA under subpart E of  40 CFR Part 63 for the purposes of implementing and enforcing § 112 of the  federal Clean Air Act. 
    f. Any requirement concerning accident prevention under §  112(r)(7) of the federal Clean Air Act. 
    g. Any compliance monitoring requirements established pursuant  to either § 504(b) or § 114(a)(3) of the federal Clean Air Act. 
    h. Any standard or other requirement for consumer and  commercial products under § 183(e) of the federal Clean Air Act. 
    i. Any standard or other requirement for tank vessels under §  183(f) of the federal Clean Air Act. 
    j. Any standard or other requirement in 40 CFR Part 55 to  control air pollution from outer continental shelf sources. 
    k. Any standard or other requirement of the regulations  promulgated to protect stratospheric ozone under Title VI of the federal Clean  Air Act unless the administrator has determined that such requirements need not  be contained in a permit issued under this article. 
    l. With regard to temporary sources subject to 9VAC5-80-130,  (i) any ambient air quality standard, except applicable state requirements, and  (ii) requirements regarding increments or visibility as provided in this  article. 
    "Baseline actual emissions" means the rate of  emissions, in tons per year, of a regulated NSR pollutant, as determined in  accordance with the following: 
    a. For any existing electric utility steam generating unit,  baseline actual emissions means the average rate, in tons per year, at which  the unit actually emitted the pollutant during any consecutive 24-month period  selected by the owner within the five-year period immediately preceding when  the owner begins actual construction of the project. The board will allow the  use of a different time period upon a determination that it is more  representative of normal source operation. 
    (1) The average rate shall include fugitive emissions to the  extent quantifiable, and emissions associated with startups, shutdowns, and  malfunctions. 
    (2) The average rate shall be adjusted downward to exclude any  noncompliant emissions that occurred while the source was operating above any  emission limitation that was legally enforceable during the consecutive  24-month period. 
    (3) For a regulated NSR pollutant, when a project involves  multiple emissions units, only one consecutive 24-month period shall be used to  determine the baseline actual emissions for the emissions units being changed.  The same consecutive 24-month period shall be used for each different regulated  NSR pollutant unless the owner can demonstrate to the satisfaction of the board  that a different consecutive 24-month period for a different pollutant or  pollutants is more appropriate due to extenuating circumstances. 
    (4) The average rate shall not be based on any consecutive  24-month period for which there is inadequate information for determining  annual emissions, in tons per year, and for adjusting this amount if required  by subdivision a (2) of this definition. 
    b. For an existing emissions unit (other than an electric  utility steam generating unit), baseline actual emissions means the average  rate, in tons per year, at which the emissions unit actually emitted the  pollutant during any consecutive 24-month period selected by the owner within  the five-year period immediately preceding either the date the owner begins  actual construction of the project, or the date a complete permit application  is received by the board for a permit required under this article, whichever is  earlier, except that the five-year period shall not include any period earlier  than November 15, 1990. The board will allow the use of a different time period  upon a determination that it is more representative of normal source operation.  
    (1) The average rate shall include fugitive emissions to the  extent quantifiable, and emissions associated with startups, shutdowns, and  malfunctions. 
    (2) The average rate shall be adjusted downward to exclude any  noncompliant emissions that occurred while the source was operating above any  emission limitation that was legally enforceable during the consecutive  24-month period. 
    (3) The average rate shall be adjusted downward to exclude any  emissions that would have exceeded an emission limitation with which the major  stationary source must currently comply, had such major stationary source been  required to comply with such limitations during the consecutive 24-month  period. However, if an emission limitation is part of a maximum achievable  control technology standard that the administrator proposed or promulgated  under 40 CFR Part 63, the baseline actual emissions need only be adjusted if  the board has taken credit for such emissions reductions in an attainment  demonstration or maintenance plan consistent with the requirements of  9VAC5-80-2120 K. 
    (4) For a regulated NSR pollutant, when a project involves  multiple emissions units, only one consecutive 24-month period shall be used to  determine the baseline actual emissions for all the emissions units being  changed. The same consecutive 24-month period shall be used for each different  regulated NSR pollutant unless the owner can demonstrate to the satisfaction of  the board that a different consecutive 24-month period for a different  pollutant or pollutants is more appropriate due to extenuating circumstances. 
    (5) The average rate shall not be based on any consecutive  24-month period for which there is inadequate information for determining  annual emissions, in tons per year, and for adjusting this amount if required  by subdivisions b (2) and (3) of this definition. 
    c. For a new emissions unit, the baseline actual emissions for  purposes of determining the emissions increase that will result from the  initial construction and operation of such unit shall equal zero; and  thereafter, for all other purposes, shall equal the unit's potential to emit. 
    d. For a PAL for a stationary source, the baseline actual  emissions shall be calculated for existing electric utility steam generating  units in accordance with the procedures contained in subdivision a of this  definition, for other existing emissions units in accordance with the  procedures contained in subdivision b of this definition, and for a new  emissions unit in accordance with the procedures contained in subdivision c of  this subsection. 
    "Baseline area": 
    a. Means any intrastate area (and every part thereof)  designated as attainment or unclassifiable under § 107(d)(1)(C) of the federal  Clean Air Act in which the major source or major modification establishing the  minor source baseline date would construct or would have an air quality impact  equal to or greater than 1 μg/m³ (annual average) of the pollutant for  which the minor source baseline date is established. 
    b. Area redesignations under § 107(d)(3) of the federal Clean  Air Act cannot intersect or be smaller than the area of impact of any major  stationary source or major modification that: 
    (1) Establishes a minor source baseline date; or 
    (2) Is subject to this article or 40 CFR 52.21 and would be  constructed in the same state as the state proposing the redesignation. 
    c. Any baseline area established originally for the TSP  increments shall remain in effect and shall apply for purposes of determining  the amount of available PM10 increments, except that such baseline  area shall not remain in effect if the board rescinds the corresponding minor  source baseline date in accordance with subdivision d of the definition of  "baseline date." 
    "Baseline concentration" 
    a. Means that ambient concentration level that exists in the  baseline area at the time of the applicable minor source baseline date. A  baseline concentration is determined for each pollutant for which a minor  source baseline date is established and shall include: 
    (1) The actual emissions representative of sources in  existence on the applicable minor source baseline date, except as provided in  subdivision b of this definition; and 
    (2) The allowable emissions of major stationary sources that  commenced construction before the major source baseline date, but were not in  operation by the applicable minor source baseline date. 
    b. The following will not be included in the baseline  concentration and will affect the applicable maximum allowable increase(s): 
    (1) Actual emissions from any major stationary source on which  construction commenced after the major source baseline date; and 
    (2) Actual emissions increases and decreases at any stationary  source occurring after the minor source baseline date. 
    "Baseline date" 
    a. "Major source baseline date" means: 
    (1) In the case of particulate matter and sulfur dioxide,  January 6, 1975; and 
    (2) In the case of nitrogen dioxide, February 8, 1988. 
    b. "Minor source baseline date" means the earliest  date after the trigger date on which a major stationary source or a major  modification subject to this article submits a complete application under this  article. The trigger date is: 
    (1) In the case of particulate matter and sulfur dioxide,  August 7, 1977; and 
    (2) In the case of nitrogen dioxide, February 8, 1988. 
    c. The baseline date is established for each pollutant for  which increments or other equivalent measures have been established if: 
    (1) The area in which the proposed source or modification  would construct is designated as attainment or unclassifiable under §  107(d)(1)(C) of the federal Clean Air Act for the pollutant on the date of its  complete application under this article or 40 CFR 52.21; and 
    (2) In the case of a major stationary source, the pollutant  would be emitted in significant amounts, or, in the case of a major  modification, there would be a significant net emissions increase of the  pollutant. 
    d. Any minor source baseline date established originally for  the TSP increments shall remain in effect and shall apply for purposes of  determining the amount of available PM10 increments, except that the  board may rescind any such minor source baseline date where it can be shown, to  the satisfaction of the board, that the emissions increase from the major  stationary source, or the net emissions increase from the major modification,  responsible for triggering that date did not result in a significant amount of  PM10 emissions. 
    "Begin actual construction" means, in general,  initiation of physical on-site construction activities on an emissions unit  that are of a permanent nature. Such activities include, but are not limited  to, installation of building supports and foundations, laying of underground  pipework, and construction of permanent storage structures. With respect to a  change in method of operation, this term refers to those on-site activities  other than preparatory activities that mark the initiation of the change. 
    "Best available control technology" means an  emissions limitation (including a visible emissions standard) based on the  maximum degree of reduction for each regulated NSR pollutant that would be  emitted from any proposed major stationary source or major modification that  the board, on a case-by-case basis, taking into account energy, environmental,  and economic impacts and other costs, determines is achievable for such source  or modification through application of production processes or available  methods, systems, and techniques, including fuel cleaning or treatment or  innovative fuel combustion techniques for control of such pollutant. In no  event shall application of best available control technology result in  emissions of any pollutant that would exceed the emissions allowed by any  applicable standard under 40 CFR Parts 60, 61, and 63. If the board determines  that technological or economic limitations on the application of measurement  methodology to a particular emissions unit would make the imposition of an  emissions standard infeasible, a design, equipment, work practice, operational  standard, or combination thereof, may be prescribed instead to satisfy the  requirement for the application of best available control technology. Such  standard shall, to the degree possible, set forth the emissions reduction  achievable by implementation of such design, equipment, work practice or  operation, and shall provide for compliance by means that achieve equivalent  results. 
    "Building, structure, facility or installation"  means all of the pollutant-emitting activities that belong to the same  industrial grouping, are located on one or more contiguous or adjacent  properties, and are under the control of the same person (or persons under  common control) except the activities of any vessel. Pollutant-emitting  activities shall be considered as part of the same industrial grouping if they  belong to the same "Major Group" (i.e., that have the same first  two-digit code) as described in the Standard Industrial Classification Manual  (see 9VAC5-20-21). 
    "Clean coal technology" means any technology,  including technologies applied at the precombustion, combustion, or post  combustion stage, at a new or existing facility that will achieve significant  reductions in air emissions of sulfur dioxide or oxides of nitrogen associated  with the utilization of coal in the generation of electricity, or process steam  that was not in widespread use as of November 15, 1990. 
    "Clean coal technology demonstration project" means  a project using funds appropriated under the heading "Department of  Energy-Clean Coal Technology," up to a total amount of $2,500,000,000 for  commercial demonstration of clean coal technology, or similar projects funded  through appropriations for EPA. The federal contribution for a qualifying project  shall be at least 20% of the total cost of the demonstration project. 
    "Commence" as applied to construction of a major  stationary source or major modification, means that the owner has all necessary  preconstruction approvals or permits and either has: 
    a. Begun, or caused to begin, a continuous program of actual  on-site construction of the source, to be completed within a reasonable time;  or 
    b. Entered into binding agreements or contractual obligations,  that cannot be canceled or modified without substantial loss to the owner, to  undertake a program of actual construction of the source, to be completed  within a reasonable time. 
    "Complete" means, in reference to an application  for a permit, that the application contains all of the information necessary  for processing the application and the provisions of § 10.1-1321.1 of the  Virginia Air Pollution Control Law have been met. Designating an application  complete for the purposes of permit processing does not preclude the board from  requesting or accepting any additional information. 
    "Construction" means any physical change or change  in the method of operation (including fabrication, erection, installation,  demolition, or modification of an emissions unit) that would result in a change  in emissions. 
    "Continuous emissions monitoring system" or  "CEMS" means all of the equipment that may be required to meet the  data acquisition and availability requirements of this article, to sample,  condition (if applicable), analyze, and provide a record of emissions on a  continuous basis. 
    "Continuous emissions rate monitoring system" or  "CERMS" means the total equipment required for the determination and  recording of the pollutant mass emissions rate (in terms of mass per unit of  time). 
    "Continuous parameter monitoring system" or "CPMS"  means all of the equipment necessary to meet the data acquisition and  availability requirements of this article, to monitor process and control  device operational parameters (for example, control device secondary voltages  and electric currents) and other information (for example, gas flow rate, O2  or CO2 concentrations), and to record average operational parameter  value(s) on a continuous basis. 
    "Electric utility steam generating unit" means any  steam electric generating unit that is constructed for the purpose of supplying  more than one-third of its potential electric output capacity and more than 25  MW electrical output to any utility power distribution system for sale. Any  steam supplied to a steam distribution system for the purpose of providing steam  to a steam-electric generator that would produce electrical energy for sale is  also considered in determining the electrical energy output capacity of the  affected facility. 
    "Emissions unit" means any part of a stationary  source that emits or would have the potential to emit any regulated NSR  pollutant and includes an electric utility steam generating unit. For purposes  of this definition, there are two types of emissions units: (i) a new emissions  unit is any emissions unit that is (or will be) newly constructed and that has  existed for less than two years from the date such emissions unit first  operated; and (ii) an existing emissions unit is any emissions unit that is not  a new emissions unit. 
    "Enforceable as a practical matter" means that the  permit contains emission limitations that are enforceable by the board or the  department and meet the following criteria: 
    a. Are permanent; 
    b. Contain a legal obligation for the owner to adhere to the  terms and conditions; 
    c. Do not allow a relaxation of a requirement of the  implementation plan; 
    d. Are technically accurate and quantifiable; 
    e. Include averaging times or other provisions that allow at  least monthly (or a shorter period if necessary to be consistent with the  implementation plan) checks on compliance. This may include, but not be limited  to, the following: compliance with annual limits on a rolling basis, monthly or  shorter limits, and other provisions consistent with this article and other  regulations of the board; and 
    f. Require a level of recordkeeping, reporting and monitoring  sufficient to demonstrate compliance. 
    "Federal land manager" means, with respect to any  lands in the United States, the secretary of the department with authority over  such lands. 
    "Federally enforceable" means all limitations and  conditions that are enforceable by the administrator and citizens under the  federal Clean Air Act or that are enforceable under other statutes administered  by the administrator. Federally enforceable limitations and conditions include,  but are not limited to, the following: 
    a. Emission standards, alternative emission standards,  alternative emission limitations, and equivalent emission limitations  established pursuant to § 112 of the federal Clean Air Act as amended in 1990. 
    b. New source performance standards established pursuant to §  111 of the federal Clean Air Act, and emission standards established pursuant  to § 112 of the federal Clean Air Act before it was amended in 1990. 
    c. All terms and conditions (unless expressly designated as  not federally enforceable) in a federal operating permit, including any  provisions that limit a source's potential to emit. 
    d. Limitations and conditions that are part of an  implementation plan established pursuant to § 110, § 111(d) or § 129  of the federal Clean Air Act. 
    e. Limitations and conditions (unless expressly designated as  not federally enforceable) that are part of a federal construction permit  issued under 40 CFR 52.21 or a new source review permit issued under  regulations approved by the EPA into the implementation plan. 
    f. Limitations and conditions (unless expressly designated as  not federally enforceable) that are part of a state operating permit where the  permit and the permit program pursuant to which it was issued meet all of the  following criteria: 
    (1) The operating permit program has been approved by the EPA  into the implementation plan under § 110 of the federal Clean Air Act; 
    (2) The operating permit program imposes a legal obligation  that operating permit holders adhere to the terms and limitations of such  permits and provides that permits that do not conform to the operating permit  program requirements and the requirements of EPA's underlying regulations may  be deemed not "federally enforceable" by EPA; 
    (3) The operating permit program requires that all emission  limitations, controls, and other requirements imposed by such permits will be  at least as stringent as any other applicable limitations and requirements  contained in the implementation plan or enforceable under the implementation  plan, and that the program may not issue permits that waive, or make less stringent,  any limitations or requirements contained in or issued pursuant to the  implementation plan, or that are otherwise "federally enforceable"; 
    (4) The limitations, controls, and requirements in the permit  in question are permanent, quantifiable, and otherwise enforceable as a  practical matter; and 
    (5) The permit in question was issued only after adequate and  timely notice and opportunity for comment by the EPA and the public. 
    g. Limitations and conditions in a regulation of the board or  program that has been approved by the EPA under subpart E of 40 CFR Part 63 for  the purposes of implementing and enforcing § 112 of the federal Clean Air Act. 
    h. Individual consent agreements that the EPA has legal  authority to create. 
    "Federal operating permit" means a permit issued  under the federal operating permit program. 
    "Federal operating permit program" means an  operating permit system (i) for issuing terms and conditions for major  stationary sources, (ii) established to implement the requirements of Title V  of the federal Clean Air Act and associated regulations, and (iii) codified in  Article 1 (9VAC5-80-50 et seq.), Article 2 (9VAC5-80-310 et seq.), Article 3  (9VAC5-80-360 et seq.), and Article 4 (9VAC5-80-710 et seq.) of this part. 
    "Fugitive emissions" means those emissions that  could not reasonably pass through a stack, chimney, vent, or other functionally  equivalent opening. 
    "High terrain" means any area having an elevation  900 feet or more above the base of the stack of a source. 
    "Indian governing body" means the governing body of  any tribe, band, or group of Indians subject to the jurisdiction of the United  States and recognized by the United States as possessing power of  self-government. 
    "Indian reservation" means any federally recognized  reservation established by treaty, agreement, executive order, or act of  Congress. 
    "Innovative control technology" means any system of  air pollution control that has not been adequately demonstrated in practice,  but would have substantial likelihood of achieving greater continuous emissions  reduction than any control system in current practice or of achieving at least  comparable reductions at lower cost in terms of energy, economics, or nonair  quality environmental impacts. 
    "Lowest achievable emission rate" or  "LAER" is as defined in 9VAC5-80-2010 C. 
    "Locality particularly affected" means any locality  that bears any identified disproportionate material air quality impact that  would not be experienced by other localities. 
    "Low terrain" means any area other than high terrain.  
    "Major emissions unit" means (i) any emissions unit  that emits or has the potential to emit 100 tons per year or more of the PAL  pollutant in an attainment area; or (ii) any emissions unit that emits or has  the potential to emit the PAL pollutant for nonattainment areas in an amount  that is equal to or greater than the major source threshold for the PAL  pollutant in subdivision a (1) of the definition of "major stationary  source " in 9VAC5-80-2010 C. 
    "Major modification" 
    a. Means any physical change in or change in the method of  operation of a major stationary source that would result in a significant  emissions increase of a regulated NSR pollutant, and a significant net  emissions increase of that pollutant from the major stationary source. 
    b. Any significant emissions increase from any emissions units  or net emissions increase at a major stationary source that is significant for  volatile organic compounds or NOX shall be considered  significant for ozone. 
    c. A physical change or change in the method of operation  shall not include the following: 
    (1) Routine maintenance, repair and replacement. 
    (2) Use of an alternative fuel or raw material by reason of an  order under § 2 (a) and (b) of the Energy Supply and Environmental Coordination  Act of 1974 (or any superseding legislation) or by reason of a natural gas  curtailment plant pursuant to the federal Power Act. 
    (3) Use of an alternative fuel by reason of any order or rule  under § 125 of the federal Clean Air Act. 
    (4) Use of an alternative fuel at a steam generating unit to  the extent that the fuel is generated from municipal solid waste. 
    (5) Use of an alternative fuel or raw material by a stationary  source that: 
    (a) The source was capable of accommodating before January 6,  1975, unless such change would be prohibited under any federally and state  enforceable permit condition that was established after January 6, 1975,  pursuant to 40 CFR 52.21 or this chapter; or 
    (b) The source is approved to use under any permit issued  under 40 CFR 52.21 or this chapter; and 
    (c) The owner demonstrates to the board that as a result of  trial burns at the source or other sources or other sufficient data that the  emissions resulting from the use of the alternative fuel or raw material supply  are decreased. 
    (6) An increase in the hours of operation or in the production  rate, unless such change is prohibited under any federally and state  enforceable permit condition that was established after January 6, 1975,  pursuant to 40 CFR 52.21 or this chapter. 
    (7) Any change in ownership at a stationary source. 
    (8) The installation, operation, cessation, or removal of a  temporary clean coal technology demonstration project, provided that the  project complies with: 
    (a) The applicable implementation plan, and 
    (b) Other requirements necessary to attain and maintain the  ambient air quality standards during the project and after it is terminated. 
    (9) The installation or operation of a permanent clean coal  technology demonstration project that constitutes repowering, provided that the  project does not result in an increase in the potential to emit of any  regulated pollutant emitted by the unit. This exemption shall apply on a  pollutant-by-pollutant basis. 
    (10) The reactivation of a very clean coal-fired electric  utility steam generating unit. 
    d. This definition shall not apply with respect to a  particular regulated NSR pollutant when the major stationary source is  complying with the requirements under 9VAC5-80-1865 for a PAL for that  pollutant. Instead, the definition of "PAL major modification" shall  apply. 
    "Major new source review (NSR) permit" means a  permit issued under the major new source review program. 
    "Major new source review (major NSR) program" means  a preconstruction review and permit program (i) for new major stationary sources  or major modifications (physical changes or changes in the method of  operation), (ii) established to implement the requirements of §§ 112, 165 and  173 of the federal Clean Air Act and associated regulations, and (iii) codified  in Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and  Article 9 (9VAC5-80-2000 et seq.) of this part. 
    "Major stationary source" 
    a. Means: 
    (1) Any of the following stationary sources of air pollutants  that emits, or has the potential to emit, 100 tons per year or more of a  any regulated NSR pollutant: 
    (a) Fossil fuel-fired steam electric plants of more than 250  million British thermal units per hour heat input. 
    (b) Coal cleaning plants (with thermal dryers). 
    (c) Kraft pulp mills. 
    (d) Portland cement plants. 
    (e) Primary zinc smelters. 
    (f) Iron and steel mill plants. 
    (g) Primary aluminum ore reduction plants. 
    (h) Primary copper smelters. 
    (i) Municipal incinerators capable of charging more than 250  tons of refuse per day. 
    (j) Hydrofluoric acid plants. 
    (k) Sulfuric acid plants. 
    (l) Nitric acid plants. 
    (m) Petroleum refineries. 
    (n) Lime plants. 
    (o) Phosphate rock processing plants. 
    (p) Coke oven batteries. 
    (q) Sulfur recovery plants. 
    (r) Carbon black plants (furnace process). 
    (s) Primary lead smelters. 
    (t) Fuel conversion plants. 
    (u) Sintering plants. 
    (v) Secondary metal production plants. 
    (w) Chemical process plants. 
    (x) Fossil fuel boilers (or combinations thereof) (or  combination of them) totaling more than 250 million British thermal units  per hour heat input. 
    (y) Petroleum storage and transfer units with a total storage  capacity exceeding 300,000 barrels. 
    (z) Taconite ore processing plants. 
    (aa) Glass fiber processing plants. 
    (bb) Charcoal production plants. 
    (2) Notwithstanding the stationary source size specified in  subdivision a (1) of this definition, any stationary source that emits, or has  the potential to emit, 250 tons per year or more of a regulated NSR pollutant;  or 
    (3) Any physical change that would occur at a stationary  source not otherwise qualifying under subdivision a (1) or a (2) of this  definition as a major stationary source, if the change would constitute a major  stationary source by itself. 
    b. A major stationary source that is major for volatile  organic compounds or NOX shall be considered major for ozone.  
    c. The fugitive emissions of a stationary source shall not be  included in determining for any of the purposes of this article whether it is a  major stationary source, unless the source belongs to one of the following  categories of stationary sources: 
    (1) Coal cleaning plants (with thermal dryers). 
    (2) Kraft pulp mills. 
    (3) Portland cement plants. 
    (4) Primary zinc smelters. 
    (5) Iron and steel mills. 
    (6) Primary aluminum ore reduction plants. 
    (7) Primary copper smelters. 
    (8) Municipal incinerators capable of charging more than 250  tons of refuse per day. 
    (9) Hydrofluoric, sulfuric, or nitric acid plants. 
    (10) Petroleum refineries. 
    (11) Lime plants. 
    (12) Phosphate rock processing plants. 
    (13) Coke oven batteries. 
    (14) Sulfur recovery plants. 
    (15) Carbon black plants (furnace process). 
    (16) Primary lead smelters. 
    (17) Fuel conversion plants. 
    (18) Sintering plants. 
    (19) Secondary metal production plants. 
    (20) Chemical process plants. 
    (21) Fossil-fuel boilers (or combination thereof) (or  combination of them) totaling more than 250 million British thermal units  per hour heat input. 
    (22) Petroleum storage and transfer units with a total storage  capacity exceeding 300,000 barrels. 
    (23) Taconite ore processing plants. 
    (24) Glass fiber processing plants. 
    (25) Charcoal production plants. 
    (26) Fossil fuel-fired steam electric plants of more than 250  million British thermal units per hour heat input. 
    (27) Any other stationary source category that, as of August  7, 1980, is being regulated under 40 CFR Parts 60 and 61. 
    "Minor new source review (NSR) permit" means a  permit issued under the minor new source review program. 
    "Minor new source review (minor NSR) program" means  a preconstruction review and permit program (i) for new stationary sources or  modifications (physical changes or changes in the method of operation) which do  not qualify for review under the major new source review program, (ii)  established to implement the requirements of §§ 110(a)(2)(C) and 112 of the  federal Clean Air Act and associated regulations, and (iii) codified in Article  6 (9VAC5-80-1100 et seq.) of this part. 
    "Necessary preconstruction approvals or permits"  means those permits required under NSR programs that are part of the applicable  implementation plan. 
    "Net emissions increase" 
    a. Means, with respect to any regulated NSR pollutant emitted  by a major stationary source, the amount by which the sum of the following  exceeds zero: 
    (1) The increase in emissions from a particular physical  change or change in the method of operation at a stationary source as  calculated pursuant to 9VAC5-80-1605 G; and 
    (2) Any other increases and decreases in actual emissions at  the major stationary source that are contemporaneous with the particular change  and are otherwise creditable. Baseline actual emissions for calculating  increases and decreases under this subdivision shall be determined as provided  in the definition of "baseline actual emissions," except that  subdivisions a (3) and b (4) of that definition shall not apply. 
    b. An increase or decrease in actual emissions is  contemporaneous with the increase from the particular change only if it occurs  between: 
    (1) The date five years before construction on the particular  change commences; and 
    (2) The date that the increase from the particular change  occurs. 
    c. An increase or decrease in actual emissions is creditable  only if (i) it occurs between the date five years before construction on the  particular change commences and the date that the increase from the particular  change occurs; and (ii) the board has not relied on it in issuing a permit for  the source under this article (or the administrator under 40 CFR 52.21), which  permit is in effect when the increase in actual emissions from the particular  change occurs. 
    d. An increase or decrease in actual emissions of sulfur  dioxide, particulate matter, or nitrogen oxides that occurs before the  applicable minor source baseline date is creditable only if it is required to  be considered in calculating the amount of maximum allowable increases  remaining available. 
    e. An increase in actual emissions is creditable only to the  extent that the new level of actual emissions exceeds the old level. 
    f. A decrease in actual emissions is creditable only to the  extent that: 
    (1) The old level of actual emissions or the old level of  allowable emissions, whichever is lower, exceeds the new level of actual  emissions; 
    (2) It is enforceable as a practical matter at and after the  time that actual construction on the particular change begins; 
    (3) It has approximately the same qualitative significance for  public health and welfare as that attributed to the increase from the particular  change. 
    g. An increase that results from a physical change at a source  occurs when the emissions unit on which construction occurred becomes  operational and begins to emit a particular pollutant. Any replacement unit  that requires shakedown becomes operational only after a reasonable shakedown  period, not to exceed 180 days. 
    h. Subdivision a of the definition of "actual  emissions" shall not apply for determining creditable increases and  decreases. 
    "New source review (NSR) permit" means a permit  issued under the new source review program. 
    "New source review (NSR) program" means a  preconstruction review and permit program (i) for new stationary sources or  modifications (physical changes or changes in the method of operation); (ii)  established to implement the requirements of §§ 110(a)(2)(C), 112 (relating to  permits for hazardous air pollutants), 165 (relating to permits in prevention  of significant deterioration areas), and 173 (relating to permits in  nonattainment areas) of the federal Clean Air Act and associated regulations;  and (iii) codified in Article 6 (9VAC5-80-1100 et seq.), Article 7  (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and Article 9  (9VAC5-80-2000 et seq.) of this part. 
    "Plantwide applicability limitation (PAL)" means an  emission limitation expressed in tons per year, for a pollutant at a major  stationary source, that is enforceable as a practical matter and established  sourcewide in accordance with 9VAC5-80-1865. 
    "PAL effective date" generally means the date of  issuance of the PAL permit. However, the PAL effective date for an increased  PAL is the date any emissions unit that is part of the PAL major modification  becomes operational and begins to emit the PAL pollutant. 
    "PAL effective period" means the period beginning with  the PAL effective date and ending five years later. 
    "PAL major modification" means, notwithstanding the  definitions for major modification and net emissions increase, any physical  change in or change in the method of operation of the PAL source that causes it  to emit the PAL pollutant at a level equal to or greater than the PAL. 
    "PAL permit" means the major NSR permit, the minor  NSR permit, the state operating permit, or the federal operating permit issued  by the board that establishes a PAL for a major stationary source. 
    "PAL pollutant" means the pollutant for which a PAL  is established at a major stationary source. 
    "Potential to emit" means the maximum capacity of a  stationary source to emit a pollutant under its physical and operational  design. Any physical or operational limitation on the capacity of the source to  emit a pollutant, including air pollution control equipment, and restrictions  on hours of operation or on the type or amount of material combusted, stored,  or processed, shall be treated as part of its design if the limitation or the  effect it would have on emissions is federally and state enforceable. Secondary  emissions do not count in determining the potential to emit of a stationary  source. For the purposes of actuals PALs, any physical or operational  limitation on the capacity of the source to emit a pollutant, including air  pollution control equipment, and restrictions on hours of operation or on the  type or amount of material combusted, stored, or processed, shall be treated as  part of its design only if the limitation or the effect it would have on  emissions is federally enforceable or enforceable as a practical matter by the  state. 
    "Predictive emissions monitoring system" or  "PEMS" means all of the equipment necessary to monitor process and  control device operational parameters (for example, control device secondary  voltages and electric currents) and other information (for example, gas flow  rate, O2 or CO2 concentrations), and calculate and record  the mass emissions rate (for example, pounds per hour) on a continuous basis. 
    "Project" means a physical change in, or change in  the method of operation of, an existing major stationary source. 
    "Projected actual emissions" means the maximum  annual rate, in tons per year, at which an existing emissions unit is projected  to emit a regulated NSR pollutant in any one of the five years (12-month  period) following the date the unit resumes regular operation after the  project, or in any one of the 10 years following that date, if the project  involves increasing the emissions unit's design capacity or its potential to  emit that regulated NSR pollutant and full utilization of the unit would result  in a significant emissions increase or a significant net emissions increase at  the major stationary source. In determining the projected actual emissions  (before beginning actual construction), the owner of the major stationary  source: 
    a. Shall consider all relevant information, including but not  limited to, historical operational data, the company's own representations, the  company's expected business activity and the company's highest projections of  business activity, the company's filings with the state or federal regulatory  authorities, and compliance plans under the approved implementation plan; 
    b. Shall include fugitive emissions to the extent quantifiable  and emissions associated with startups, shutdowns, and malfunctions; and 
    c. Shall exclude, in calculating any increase in emissions  that results from the particular project, that portion of the unit's emissions  following the project that an existing unit could have emitted during the  consecutive 24-month period used to establish the baseline actual emissions and  that are also unrelated to the particular project, including any increased  utilization due to product demand growth, provided such exclusion shall not  reduce any calculated increases in emissions that are caused by, result from,  or are related to the particular project; or 
    d. In lieu of using the method set out in subdivisions a  through c of this definition, may elect to use the emissions unit's potential  to emit, in tons per year. 
    "Reactivation of a very clean coal-fired electric  utility steam generating unit" means any physical change or change in the  method of operation associated with the commencement of commercial operations  by a coal-fired utility unit after a period of discontinued operation where the  unit: 
    a. Has not been in operation for the two-year period prior to  the enactment of the federal Clean Air Act Amendments of 1990, and the  emissions from such unit continue to be carried in the department's emissions  inventory at the time of enactment; 
    b. Was equipped prior to shut-down with a continuous system of  emissions control that achieves a removal efficiency for sulfur dioxide of no  less than 85% and a removal efficiency for particulates of no less than 98%; 
    c. Is equipped with low-NOX burners prior to the time of  commencement of operations following reactivation; and 
    d. Is otherwise in compliance with the requirements of the  federal Clean Air Act. 
    "Reasonably available control technology" or  "RACT" means the lowest emission limit that a particular source is  capable of meeting by the application of control technology that is reasonably  available, considering technological and economic feasibility. 
    "Regulated NSR pollutant" means: 
    a. Any pollutant for which an ambient air quality standard has  been promulgated and any constituents or precursors for such pollutants  identified by the administrator (e.g., volatile organic compounds and NOX  are precursors for ozone); 
    b. Any pollutant that is subject to any standard promulgated  under § 111 of the federal Clean Air Act; 
    c. Any class I or II substance subject to a standard  promulgated under or established by Title VI of the federal Clean Air Act; or 
    d. Any pollutant that otherwise is subject to regulation under  the federal Clean Air Act; except that any or all hazardous air pollutants  either listed in § 112 of the federal Clean Air Act or added to the list  pursuant to § 112(b)(2), which have not been delisted pursuant to § 112(b)(3),  are not regulated NSR pollutants unless the listed hazardous air pollutant is  also regulated as a constituent or precursor of a general pollutant listed  under § 108 of the federal Clean Air Act. 
    "Repowering" means: 
    a. Replacement of an existing coal-fired boiler with one of  the following clean coal technologies: atmospheric or pressurized fluidized bed  combustion, integrated gasification combined cycle, magnetohydrodynamics,  direct and indirect coal-fired turbines, integrated gasification fuel cells, or  as determined by the administrator, in consultation with the Secretary of  Energy, a derivative of one or more of these technologies, and any other  technology capable of controlling multiple combustion emissions simultaneously  with improved boiler or generation efficiency and with significantly greater  waste reduction relative to the performance of technology in widespread  commercial use as of November 15, 1990. 
    b. Repowering shall also include any oil and/or gas-fired unit  which has been awarded clean coal technology demonstration funding as of  January 1, 1991, by the Department of Energy. 
    c. The board may give expedited consideration to permit  applications for any source that satisfies the requirements of this definition  and is granted an extension under § 409 of the federal Clean Air Act. 
    "Secondary emissions" means emissions that would  occur as a result of the construction or operation of a major stationary source  or major modification, but do not come from the major stationary source or  major modification itself. For the purpose of this article, secondary emissions  shall be specific, well defined, quantifiable, and affect the same general area  as the stationary source or modification that causes the secondary emissions.  Secondary emissions include emissions from any offsite support facility that  would not be constructed or increase its emissions except as a result of the  construction or operation of the major stationary source or major modification.  Secondary emissions do not include any emissions that come directly from a  mobile source, such as emissions from the tailpipe of a motor vehicle, from a  train, or from a vessel. 
    "Significant" means: 
    a. In reference to a net emissions increase or the potential  of a source to emit any of the following pollutants, a rate of emissions that  would equal or exceed any of the following rates: 
           | Pollutant | Emissions Rate | 
       | Carbon Monoxide | 100 tons per year (tpy) | 
       | Nitrogen Oxides | 40 tpy | 
       | Sulfur Dioxide | 40 tpy | 
       | Particulate Matter (TSP) | 25 tpy | 
       | PM10 | 15 tpy | 
       | PM2.5 | 10 tpy | 
       | Ozone | 40 tpy of volatile organic compounds or NOX | 
       | Lead | 0.6 tpy | 
       | Fluorides | 3 tpy | 
       | Sulfuric Acid Mist | 7 tpy | 
       | Hydrogen Sulfide (H2S) | 10 tpy | 
       | Total Reduced Sulfur (including H2S) | 10 tpy | 
       | Reduced Sulfur Compounds (including H2S) | 10 tpy | 
       | Municipal waste combustor organics (measured as total    tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) | 3.5 x 10-6 tpy | 
       | Municipal waste combustor metals (measured as particulate    matter) | 15 tpy | 
       | Municipal waste combustor acid gases (measured as the sum of    SO2 and HCl) | 40 tpy | 
       | Municipal solid waste landfills emissions (measured as    nonmethane organic compounds) | 50 tpy | 
  
    b. In reference to a net emissions increase or the potential  of a source to emit a regulated NSR pollutant that subdivision a of this  definition does not list, any emissions rate. 
    c. Notwithstanding subdivision a of this definition, any  emissions rate or any net emissions increase associated with a major stationary  source or major modification that would construct within 10 kilometers of a  class I area, and have an impact on such area equal to or greater than 1  μg/m³ (24-hour average). 
    "Significant emissions increase" means, for a  regulated NSR pollutant, an increase in emissions that is significant for that  pollutant. 
    "Significant emissions unit" means an emissions  unit that emits or has the potential to emit a PAL pollutant in an amount that  is significant for that PAL pollutant, but less than the amount that would  qualify the unit as a major emissions unit. 
    "Small emissions unit" means an emissions unit that  emits or has the potential to emit the PAL pollutant in an amount less than the  significant level for that PAL pollutant. 
    "State enforceable" means all limitations and  conditions that are enforceable as a practical matter, including any regulation  of the board, those requirements developed pursuant to 9VAC5-170-160,  requirements within any applicable order or variance, and any permit  requirements established pursuant to this chapter. 
    "State operating permit" means a permit issued  under the state operating permit program. 
    "State operating permit program" means an operating  permit program (i) for issuing limitations and conditions for stationary  sources; (ii) promulgated to meet the EPA's minimum criteria for federal  enforceability, including adequate notice and opportunity for the EPA and public  comment prior to issuance of the final permit, and practicable enforceability;  and (iii) codified in Article 5 (9VAC5-80-800 et seq.) of this part. 
    "Stationary source" means any building, structure,  facility, or installation that emits or may emit a regulated NSR pollutant. 
    "Temporary clean coal technology demonstration  project" means a clean coal technology demonstration project that is  operated for a period of five years or less, and that complies with the  applicable implementation plan and other requirements necessary to attain and  maintain the ambient air quality standards during the project and after it is  terminated. 
    9VAC5-80-1695. Exemptions. 
    A. The requirements of this article shall not apply to a  particular major stationary source or major modification; if: 
    1. The source or modification would be a major stationary  source or major modification only if fugitive emissions, to the extent  quantifiable, are considered in calculating the potential to emit of the  stationary source or modification and the source does not belong to any of the  following categories: 
    a. Coal cleaning plants (with thermal dryers). 
    b. Kraft pulp mills. 
    c. Portland cement plants. 
    d. Primary zinc smelters. 
    e. Iron and steel mills. 
    f. Primary aluminum ore reduction plants. 
    g. Primary copper smelters. 
    h. Municipal incinerators capable of charging more than 250  tons of refuse per day. 
    i. Hydrofluoric acid plants. 
    j. Sulfuric acid plants. 
    k. Nitric acid plants. 
    l. Petroleum refineries. 
    m. Lime plants. 
    n. Phosphate rock processing plants. 
    o. Coke oven batteries. 
    p. Sulfur recovery plants. 
    q. Carbon black plants (furnace process). 
    r. Primary lead smelters. 
    s. Fuel conversion plants. 
    t. Sintering plants. 
    u. Secondary metal production plants. 
    v. Chemical process plants. 
    w. Fossil-fuel boilers (or combination thereof) (or  combination of them) totaling more than 250 million British thermal units  per hour heat input. 
    x. Petroleum storage and transfer units with a total storage  capacity exceeding 300,000 barrels. 
    y. Taconite ore processing plants. 
    z. Glass fiber processing plants. 
    aa. Charcoal production plants. 
    bb. Fossil fuel-fired steam electric plants of more than 250  million British thermal units per hour heat input. 
    cc. Any other stationary source category which, as of August  7, 1980, is being regulated under 40 CFR Part 60 or 61; or 
    2. The source or modification is a portable stationary source  that has previously received a permit under this article, and 
    a. The owner proposes to relocate the source and emissions of  the source at the new location would be temporary; 
    b. The emissions from the source would not exceed its  allowable emissions; 
    c. The emissions from the source would affect no class I area  and no area where an applicable increment is known to be violated; and 
    d. Reasonable notice is given to the board prior to the  relocation identifying the proposed new location and the probable duration of  operation at the new location. Such notice shall be given to the board not less  than 10 days in advance of the proposed relocation unless a different time  duration is previously approved by the board. 
    B. The requirements of this article shall not apply to a  major stationary source or major modification with respect to a particular  pollutant if the owner demonstrates that, as to that pollutant, the source or  modification is located in an area designated as nonattainment in 9VAC5-20-204.  
    C. The requirements of 9VAC5-80-1715, 9VAC5-80-1735, and  9VAC5-80-1755 shall not apply to a major stationary source or major  modification with respect to a particular pollutant, if the allowable emissions  of that pollutant from the source, or the net emissions increase of that  pollutant from the modification: 
    1. Would affect no class I area and no area where an  applicable increment is known to be violated, and 
    2. Would be temporary. 
    D. The requirements of 9VAC5-80-1715, 9VAC5-80-1735, and  9VAC5-80-1755 as they relate to any maximum allowable increase for a class II  area shall not apply to a major modification at a stationary source that was in  existence on March 1, 1978, if the net increase in allowable emissions of each  regulated NSR pollutant from the modification after the application of best  available control technology would be less than 50 tons per year. 
    E. The board may exempt a proposed major stationary source or  major modification from the requirements of 9VAC5-80-1735 with respect to  monitoring for a particular pollutant if: 
    1. The emissions increase of the pollutant from the new source  or the net emissions increase of the pollutant from the modification would  cause, in any area, air quality impacts less than the following amounts: 
    Carbon monoxide -- μg/m3, 8-hour average 
    Nitrogen dioxide -- 14 μg/m3, annual average 
    Particulate matter -- 10 μg/m3 of PM10,  24-hour average 
    Sulfur dioxide -- 13 μg/m3, 24-hour average 
    Ozone* 
    Lead -- 0.1 μg/m3, 3-month average 
    Fluorides -- 0.25 μg/m3, 24-hour average 
    Total reduced sulfur -- 10 μg/m3, 1-hour  average 
    Hydrogen sulfide -- 0.2 μg/m3, 1-hour average 
    Reduced sulfur compounds -- 10 μg/m3, 1-hour  average; or 
    *No de minimis air quality level is provided for  ozone. However, any net increase of 100 tons per year or more of volatile  organic compounds or NOX subject to this article would be  required to perform an ambient impact analysis including the gathering of  ambient air quality data. 
    2. The concentrations of the pollutant in the area that the  source or modification would affect are less than the concentrations listed in  subdivision 1 of this subsection, or the pollutant is not listed in subdivision  1 of this subsection. 
    VA.R. Doc. No. R09-1157; Filed November 3, 2008, 3:11 p.m. 
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Final Regulation
        REGISTRAR'S  NOTICE: The State Air Pollution Control Board is claiming an exclusion from  the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code  of Virginia, which excludes regulations that are necessary to conform to  changes in Virginia statutory law where no agency discretion is involved. The  State Air Pollution Control Board will receive, consider and respond to  petitions by any interested person at any time with respect to reconsideration  or revision.
         Titles of Regulations: 9VAC5-80. Permits for Stationary  Sources (amending 9VAC5-80-150, 9VAC5-80-230,  9VAC5-80-270, 9VAC5-80-510, 9VAC5-80-590, 9VAC5-80-670, 9VAC5-80-860,  9VAC5-80-990, 9VAC5-80-1020, 9VAC5-80-1160, 9VAC5-80-1170, 9VAC5-80-1290,  9VAC5-80-1450, 9VAC5-80-1460, 9VAC5-80-1765, 9VAC5-80-1775, 9VAC5-80-1955,  9VAC5-80-2060, 9VAC5-80-2070, 9VAC5-80-2230; adding 9VAC5-80-5, 9VAC5-80-15,  9VAC5-80-25, 9VAC5-80-35, 9VAC5-80-1773).
    9VAC5-170. Regulation for General Administration (amending 9VAC5-170-30, 9VAC5-170-180, 9VAC5-170-190,  9VAC5-170-200).
    Statutory Authority: § 10.1-1308 of the Code of  Virginia; §§ 110, 112, 165, 173, 182 and Title V of the federal Clean Air  Act; 40 CFR Parts 51, 61, 63, 70 and 72.
    Effective Date: December 31, 2008. 
    Agency Contact: Cindy Berndt, Regulatory Coordinator,  Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218,  telephone (804) 698-4378, FAX (804) 698-4346, TTY (804) 698-4021, or email  cmberndt@deq.virginia.gov.
    Summary:
    The new procedures set forth in § 10.1-1322.01 of the  Code of Virginia have been placed into Part I of Chapter 80. The new  legislation addresses two issues: (i) where there is only a public comment  period prior to the permit decision, and (ii) where there is a federal or state  mandate to hold a hearing prior to the permitting decision. Both of these  issues are addressed in a single narrative in § 10.1-1322.01. In order to  ensure clear and consistent implementation, this provision has been split into  separate sections: 9VAC5-80-25 and 9VAC5-80-35.
    In the air permit program, a public hearing is required by  either federal or state regulation for all major and certain minor new source  review permits. On the other hand, operating permits have no mandate for a  hearing; however, there is the opportunity to request one during the public  comment period.
    In each of the articles in Part II of Chapter 80 that  covers the various permit programs, provisions are included from the law that  tell the public what to do to request a hearing or board consideration, with a  cross-reference to the appropriate provisions of Part I.
    Chapter 170 has been revised to remove provisions related  to board involvement in permitting decisions, which are now covered in Chapter  80 as appropriate to meet the requirements of the new legislation.
        EDITOR'S NOTICE: The  State Air Pollution Control Board is amending the title of Article 3 of Part II  as follows:
    Article 3 
  Federal Operating Permits for Acid Rain Operating Permits Sources  
         Part I 
  Permit Actions Before the Board 
    9VAC5-80-5. Definitions.
    A. For the purpose of applying this chapter in the context  of the Regulations for the Control and Abatement of Air Pollution and related  uses, the words or terms shall have the meanings given them in subsection C of  this section.
    B. Unless otherwise required by context, all terms not  defined herein shall have the meaning given them in 9VAC5-170 (Regulation for  General Administration), 9VAC5-10 (General Definitions), or commonly ascribed  to them by recognized authorities, in that order of priority. 
    C. Terms defined.
    "Applicable federal requirement" means all of,  but not limited to, the following as they apply to affected emissions units  subject to this chapter (including requirements that have been promulgated or  approved by the administrator through rulemaking at the time of permit issuance  but have future-effective compliance dates):
    1. Any standard or other requirement provided for in an  implementation plan established pursuant to § 110, 111(d) or 129 of the federal  Clean Air Act, including any source-specific provisions such as consent  agreements or orders.
    2. Any term or condition in any construction permit issued  under the new source review program or in any operating permit issued pursuant  to the state operating permit program. However, those terms or conditions  designated as state-only enforceable shall not be applicable federal  requirements.
    3. Any emission standard, alternative emission standard,  alternative emissions limitation, equivalent emissions limitation or other  requirement established pursuant to § 112 or 129 of the federal Clean Air Act  as amended in 1990.
    4. Any new source performance standard or other requirement  established pursuant to § 111 of the federal Clean Air Act, and any emission  standard or other requirement established pursuant to § 112 of the federal  Clean Air Act before it was amended in 1990.
    5. Any limitations and conditions or other requirement in a  Virginia regulation or program that has been approved by EPA under Subpart E of  40 CFR Part 63 for the purposes of implementing and enforcing § 112 of the  federal Clean Air Act.
    6. Any requirement concerning accident prevention under §  112(r)(7) of the federal Clean Air Act.
    7. Any compliance monitoring requirements established  pursuant to either § 504(b) or § 114(a)(3) of the federal Clean Air Act.
    8. Any standard or other requirement for consumer and  commercial products under § 183(e) of the federal Clean Air Act.
    9. Any standard or other requirement for tank vessels under  § 183(f) of the federal Clean Air Act.
    10. Any standard or other requirement in 40 CFR Part 55 to  control air pollution from outer continental shelf sources.
    11. Any standard or other requirement of the regulations  promulgated to protect stratospheric ozone under Title VI of the federal Clean  Air Act, unless the administrator has determined that such requirements need  not be contained in a federal operating permit.
    12. With regard to temporary sources subject to  9VAC5-80-130, (i) any ambient air quality standard, except applicable state  requirements, and (ii) requirements regarding increments or visibility as  provided in Article 8 (9VAC5-80-1605 et seq.) of Part II of this chapter.
    13. Any standard or other requirement under § 126(a)(1) and  (c) of the federal Clean Air Act.
    "Board" means, for the purposes of this chapter,  the Department of Environmental Quality. "Board" shall mean the State  Air Pollution Control Board only for the purposes of granting direct  consideration of permit actions as provided in 9VAC5-80-25 and granting  requests for public hearings to contest permit actions as provided in  9VAC5-80-35.
    "Federally enforceable" means all limitations  and conditions that are enforceable by the administrator and citizens under the  federal Clean Air Act or that are enforceable under other statutes administered  by the administrator. Federally enforceable limitations and conditions include,  but are not limited to the following:
    1. Emission standards, alternative emission standards,  alternative emissions limitations, and equivalent emissions limitations  established pursuant to § 112 of the federal Clean Air Act as amended in 1990.
    2. New source performance standards established pursuant to  § 111 of the federal Clean Air Act, and emission standards established pursuant  to § 112 of the federal Clean Air Act before it was amended in 1990.
    3. All terms and conditions (unless expressly designated as  state-only enforceable) in a federal operating permit, including any provisions  that limit a source's potential to emit.
    4. Limitations and conditions that are part of an  implementation plan established pursuant to § 110, 111(d) or 129 of the federal  Clean Air Act.
    5. Limitations and conditions (unless expressly designated  as state-only enforceable) that are part of a federal construction permit  issued under 40 CFR 52.21 or any construction permit issued under regulations  approved by EPA into the implementation plan.
    6. Limitations and conditions (unless expressly designated  as state-only enforceable) that are part of a state operating permit where the  permit and the permit program pursuant to which it was issued meet all of the  following criteria:
    a. The operating permit program has been approved by the EPA  into the implementation plan under § 110 of the federal Clean Air Act.
    b. The operating permit program imposes a legal obligation  that operating permit holders adhere to the terms and limitations of such  permits and provides that permits that do not conform to the operating permit  program requirements and the requirements of EPA's underlying regulations may  be deemed not "federally enforceable" by EPA.
    c. The operating permit program requires that all emissions  limitations, controls, and other requirements imposed by such permits will be  at least as stringent as any other applicable limitations and requirements  contained in the implementation plan or enforceable under the implementation  plan, and that the program may not issue permits that waive, or make less  stringent, any limitations or requirements contained in or issued pursuant to  the implementation plan, or that are otherwise "federally  enforceable."
    d. The limitations, controls, and requirements in the  permit in question are permanent, quantifiable, and otherwise enforceable as a  practical matter.
    e. The permit in question was issued only after adequate  and timely notice and opportunity for comment by EPA and the public.
    7. Limitations and conditions in a regulation of the board  or program that has been approved by EPA under Subpart E of 40 CFR Part 63 for  the purposes of implementing and enforcing § 112 of the federal Clean Air Act.
    8. Individual consent agreements that EPA has legal  authority to create.
    "Federal hazardous air pollutant new source review  (NSR) program" means a program for the preconstruction review and approval  of the construction, reconstruction or modification of any stationary source in  accordance with regulations specified in subdivisions 1 through 3 of this  definition and promulgated to implement the requirements of § 112  (relating to hazardous air pollutants) of the federal Clean Air Act.  Any  permit issued under this program is a major NSR permit.
    1. The provisions of 40 CFR 61.05, 40 CFR 61.06, 40 CFR  61.07, 40 CFR 61.08 and 40 CFR 61.15 for issuing approvals of the construction  of any new source or modification of any existing source subject to the  provisions of 40 CFR Part 61.
    2. The provisions of 40 CFR 63.5 for issuing approvals to  construct a new source or reconstruct a source subject to the provisions of 40  CFR Part 63, except for Subparts B, D and E.
    3. The provisions of 40 CFR 63.50 through 40 CFR 63.56 for  issuing Notices of MACT Approval prior to the construction of a new emissions  unit.
    "Federal hazardous air pollutant new source review  (NSR) permit" means a permit issued under the federal hazardous air  pollutant new source review program.
    "Federal operating permit" means a permit issued  under the federal operating permit program.
    "Federal operating permit program" means an  operating permit system (i) for issuing terms and conditions for major  stationary sources, (ii) established to implement the requirements of Title V  of the federal Clean Air Act and associated regulations, and (iii) codified in  Article 1 (9VAC5-80-50 et seq.), Article 2 (9VAC5-80-310 et seq.), Article 3  (9VAC5-80-360 et seq.), and Article 4 (9VAC5-80-710 et seq.) of Part II of this  chapter.
    "Major new source review (NSR) permit" means a  permit issued under the major new source review program.
    "Major new source review (major NSR) program"  means a preconstruction review and permit program (i) for new major stationary  sources or major modifications (physical changes or changes in the method of  operation), (ii) established to implement the requirements of §§ 112, 165 and  173 of the federal Clean Air Act and associated regulations, and (iii) codified  in Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and  Article 9 (9VAC5-80-2000 et seq.) of Part II of this chapter.
    "Minor new source review (NSR) permit" means a  permit issued under the minor new source review program.
    "Minor new source review (minor NSR) program"  means a preconstruction review and permit program (i) for regulated air  pollutants from new stationary sources or projects that are not subject to  review under the major new source review program, (ii) established to implement  the requirements of §§ 110 (a)(2)(C) and 112 of the federal Clean Air Act  and associated regulations, and (iii) codified in Article 6 (9VAC5-80-1100 et  seq.) of Part II of this chapter. The minor NSR program may also be used to  implement the terms and conditions designated as state-only enforceable;  however, those terms and conditions shall not be applicable federal  requirements.
    "New source review (NSR) permit" means a permit  issued under the new source review program.
    "New source review (NSR) program" means a  preconstruction review and permit program (i) for regulated air pollutants from  new stationary sources or projects (physical changes or changes in the method  of operation), (ii) established to implement the requirements of §§ 110  (a)(2)(C), 112 (relating to permits for hazardous air pollutants), 165  (relating to permits in prevention of significant deterioration areas), and 173  (relating to permits in nonattainment areas) of the federal Clean Air Act and  associated regulations, and (iii) Article 7 (9VAC5-80-1400 et seq.), Article 8  (9VAC5-80-1605 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of Part II of  this chapter. The NSR program may also be used to implement the terms and  conditions designated as state-only enforceable; however, those terms and  conditions shall not be applicable federal requirements.
    "Nonattainment major new source review (NSR)  program" means a preconstruction review and permit program (i) for new  major stationary sources or major modifications (physical changes or changes in  the method of operation), (ii) established to implement the requirements of §  173 of the federal Clean Air Act and associated regulations, and (iii) codified  in Article 9 (9VAC5-80-2000 et seq.) of Part II of this chapter.  Any  permit issued under this program is a major NSR permit.
    "Nonattainment major new source review (NSR)  permit" means a permit issued under the nonattainment major new source  review program.
    "Permit action" means the activities associated  with, and preliminary to, a decision of the board to approve, approve with  conditions, or disapprove permit applications; actions to amend or modify  permit terms or conditions; actions to renew, reopen, invalidate, suspend,  revoke or enforce permit terms or conditions.  The term "permit  action" does not include actions to combine permit terms and conditions,  provided there are no changes to any permit term or condition.
    "Prevention of Significant Deterioration (PSD)  program" means a preconstruction review and permit program (i) for new  major stationary sources or major modifications (physical changes or changes in  the method of operation), (ii) established to implement the requirements of §  165 of the federal Clean Air Act and associated regulations, and (iii) codified  in Article 8 (9VAC5-80-1605 et seq.) of Part II of this chapter.  Any  permit issued under this program is a major NSR permit.
    "Prevention of Significant Deterioration permit"  means a permit issued under the Prevention of Significant Deterioration  program.
    "Public comment period" means a time during  which the public shall have the opportunity to comment on the permit  application information (exclusive of confidential information) for a new stationary  source or project, the preliminary review and analysis of the effect of the  source upon the ambient air quality, and the preliminary decision of the board  regarding the permit application.
    "Public hearing" means, unless indicated  otherwise, an informal proceeding, similar to that provided for in  § 2.2-4007 of the Administrative Process Act, held to afford people an  opportunity to submit views and data relative to a matter on which a decision  of the board is pending.
    "Public participation process" means any element  of a board or department decision-making process that provides an opportunity  to submit views and data relative to a matter on which a decision of the board  is pending.
    "State operating permit" means a permit issued  under the state operating permit program.
    "State operating permit program" means an  operating permit program (i) for issuing limitations and conditions for  stationary sources, (ii) promulgated to meet the EPA's minimum criteria for  federal enforceability, including adequate notice and opportunity for the EPA  and public comment prior to issuance of the final permit, and practicable  enforceability, and (iii) codified in Article 5 (9VAC5-80-800 et seq.) of Part  II of this chapter.
    9VAC5-80-15. Applicability.
    A. The provisions of this part, unless specified  otherwise, shall apply to only permit actions subject to a public participation  process.
    B. The provisions of this part do not apply to the appeal  of the promulgation of regulations or variances. Appeals of the promulgation of  regulations and variances shall be pursued under § 10.1-1317 of the  Virginia Air Pollution Control Law and § 2.2-4026 of the Administrative  Process Act.
    C. The provisions of this part do not apply to the appeal  of case decisions and other actions or inactions of the board.
    9VAC5-80-25. Direct consideration of permit actions by the  board.
    A. During the public hearing comment period on a permit  action, interested persons may request that the board directly consider the  permit action pursuant to the requirements of this section. The public  participation process requirements for the permit programs subject to this  section are specified in subdivisions 1 through 4 of this subsection.
    1. 9VAC5-80-1170 for the minor new source review (minor  NSR) program.
    2. 9VAC5-80-1460 for the federal hazardous air pollutant  new source review (NSR) program.
    3. 9VAC5-80-1775 for the Prevention of Significant  Deterioration (PSD) program.
    4. 9VAC5-80-2070 for the nonattainment major new source  review (NSR) program.
    B. Requests for board consideration shall contain the  following information:
    1. The name, mailing address, and telephone number of the  requester;
    2. The names and addresses of all persons for whom the  requester is acting as a representative (for the purposes of this requirement, an  unincorporated association is a person);
    3. The reason why board consideration is requested;
    4. A brief, informal statement setting forth the factual  nature and the extent of the interest of the requester or of the persons for  whom the requester is acting as representative in the application or  preliminary determination, including an explanation of how and to what extent  such interest would be directly and adversely affected by the issuance, denial,  amendment, or revocation of the permit in question; and
    5. Where possible, specific references to the terms and  conditions of the permit in question, together with suggested revisions and  alterations of those terms and conditions that the requester considers are  needed to conform the permit to the intent and provisions of the Virginia Air  Pollution Control Law.
    C. Upon completion of the public comment period on a  permit action, the director shall review all timely requests for board  consideration filed during the public comment period on the permit action and within  30 calendar days following the expiration of the time period for the submission  of requests shall grant board consideration after the public hearing, unless  the permittee or applicant agrees to a later date, if the director finds the  following:
    1. That there is a significant public interest in the  issuance, denial, amendment, or revocation of the permit in question as  evidenced by receipt of a minimum of 25 individual requests for board  consideration;
    2. That the requesters raise substantial, disputed issues  relevant to the issuance, denial, amendment, or revocation of the permit in  question; and
    3. That the action requested by the interested party is not  on its face inconsistent with, or in violation of, the Virginia Air Pollution  Control Law, federal law or any regulation promulgated thereunder.
    D. Either the director or a majority of the board members,  acting independently, may request a meeting of the board to be convened within  20 days of the director's decision pursuant to subsection C of this section in  order to review such decision and determine by a majority vote of the board  whether or not to grant board consideration, or to delegate the permit to the  director for the director's decision. For purposes of this subsection, if a  board meeting is held via electronic communication, the board shall have at  least one forum open to the public and individual board members may participate  from any location regardless of whether it is open to the public.
    E. The director shall, forthwith, notify by mail at the  director's last known address (i) each requester and (ii) the applicant or  permittee of the decision to grant or deny board consideration.
    F. In addition to subsections C, D, and E of this section,  the director may, in his discretion, submit a permit action to the board for  its consideration.
    G. After the close of the public hearing comment period,  the board shall, at a regular or special meeting, take final action on the  permit. Such decision shall be issued within 90 days of the close of the public  comment period or from a later date, as agreed to by the permittee or applicant  and the board or the director.
    H. Persons who commented during the public comment period  shall be afforded an opportunity at the board meeting when final action is  scheduled to respond to any summaries of the public comments prepared by the  department for the board's consideration subject to such reasonable limitations  on the time permitted for oral testimony or presentation of repetitive material  as are determined by the board.
    I. In making its decision, the board shall consider (i)  the verbal and written comments received during the public comment period made  part of the record, (ii) any explanation of comments previously received during  the public comment period made at the board meeting, (iii) the comments and  recommendation of the department, and (iv) the agency files. When the decision  of the board is to adopt the recommendation of the department, the board shall  provide in writing a clear and concise statement of the legal basis and  justification for the decision reached. When the decision of the board varies  from the recommendation of the department, the board shall, in consultation  with legal counsel, provide a clear and concise statement explaining the reason  for the variation and how the board's decision is in compliance with applicable  laws and regulations. The written statement shall be provided contemporaneously  with the decision of the board. Copies of the decision, certified by the  director, shall be mailed by certified mail to the permittee or applicant. 
    9VAC5-80-35. Public hearings to contest permit actions.
    A. During the public comment period on a permit action,  interested persons may request a public hearing on the permit action pursuant  to the requirements of this section.  The public participation process  requirements for the permit programs subject to this section are specified in  subdivisions 1 and 2 of this subsection.
    1. 9VAC5-80-270 and 9VAC5-80-670 for the federal (Title V)  operating permit program.
    2. 9VAC5-80-1020 for the state operating permit program.
    B. Requests for a public hearing shall contain the  following information:
    1. The name, mailing address, and telephone number of the  requester;
    2. The names and addresses of all persons for whom the  requester is acting as a representative (for the purposes of this requirement,  an unincorporated association is a person);
    3. The reason why a public hearing is requested;
    4. A brief, informal statement setting forth the factual  nature and the extent of the interest of the requester or of the persons for  whom the requester is acting as representative in the application or  preliminary determination, including an explanation of how and to what extent  such interest would be directly and adversely affected by the issuance, denial,  amendment, or revocation of the permit in question; and
    5. Where possible, specific references to the terms and  conditions of the permit in question, together with suggested revisions and  alterations of those terms and conditions that the requester considers are  needed to conform the permit to the intent and provisions of the Virginia Air  Pollution Control Law.
    C. Upon completion of the public comment period on a  permit action, the director shall review all timely requests for public hearing  filed during the public comment period on the permit action and within 30  calendar days following the expiration of the time period for the submission of  requests shall grant a public hearing, unless the permittee or applicant agrees  to a later date, if the director finds the following:
    1. That there is a significant public interest in the  issuance, denial, amendment, or revocation of the permit in question as  evidenced by receipt of a minimum of 25 individual requests for a public  hearing;
    2. That the requesters raise substantial, disputed issues  relevant to the issuance, denial, amendment, or revocation of the permit in  question; and
    3. That the action requested by the interested party is not  on its face inconsistent with, or in violation of, the Virginia Air Pollution  Control Law, federal law or any regulation promulgated thereunder.
    D. Either the director or a majority of the board members,  acting independently, may request a meeting of the board to be convened within  20 days of the director's decision pursuant to subsection C of this section in  order to review such decision and determine by a majority vote of the board  whether or not to grant a public hearing. For purposes of this subsection, if a  board meeting is held via electronic communication, the board shall have at  least one forum open to the public and individual board members may participate  from any location regardless of whether it is open to the public.
    E. The director shall, forthwith, notify by mail at the  director's last known address (i) each requester and (ii) the applicant or  permittee of the decision to grant or deny a public hearing.
    F. In addition to subsections C, D, and E of this section,  the director may, in the director's discretion, convene a public hearing on a  permit action.
    G. If a determination is made to hold a public hearing,  the director shall schedule the hearing at a time between 45 and 75 days after  mailing of the notice required by subsection E of this section.
    H. The director shall cause, or require the applicant to  publish, notice of a public hearing to be published once, in a newspaper of  general circulation in the city or county where the facility or operation that  is the subject of the permit or permit application is located, at least 30 days  before the hearing date.
    I. The director may, on the director's own motion or at  the request of the applicant or permittee, for good cause shown, reschedule the  date of the public hearing. In the event the director reschedules the date for  the public hearing after notice has been published, the director shall, or  require the applicant to, provide reasonable notice of the new date of the  public hearing. Such notice shall be published once in the same newspaper where  the original notice was published.
    J. Public hearings held pursuant to these procedures may  be conducted by the board at a regular or special meeting of the board and  shall be presided over by a member of the board. Public hearings may be held  before less than a quorum of the board.
    K. The presiding board member shall have the authority to  maintain order, preserve the impartiality of the decision process, and conclude  the hearing process expeditiously. The presiding board member, in order to  carry out his responsibilities under this subsection, is authorized to exercise  the following powers, including but not limited to:
    1. Prescribing the methods and procedures to be used in the  presentation of factual data, arguments, and proof orally and in writing  including the imposition of reasonable limitations on the time permitted for  oral testimony;
    2. Consolidating the presentation of factual data,  arguments, and proof to avoid repetitive presentation of them;
    3. Ruling on procedural matters; and
    4. Acting as custodian of the record of the public hearing  causing all notices and written submittals to be entered in it.
    L. The public comment period will remain open for 15 days  after the close of the public hearing if required by § 10.1-1307.01 of the Code  of Virginia.
    M. When the public hearing is conducted by less than a  quorum of the board, the department shall, promptly after the close of the  public hearing comment period, make a report to the board.
    N. After the close of the public hearing comment period,  the board shall, at a regular or special meeting, take final action on the permit.  Such decision shall be issued within 90 days of the close of the public comment  period or from a later date, as agreed to by the permittee or applicant and the  board or the director.
    O. When the public hearing was conducted by less than a  quorum of the board, persons who commented during the public comment period  shall be afforded an opportunity at the board meeting when final action is  scheduled to respond to any summaries of the public comments prepared by the  department for the board's consideration subject to such reasonable limitations  on the time permitted for oral testimony or presentation of repetitive material  as are determined by the board.
    P. In making its decision, the board shall consider (i)  the verbal and written comments received during the public comment period made  part of the record, (ii) any explanation of comments previously received during  the public comment period made at the board meeting, (iii) the comments and  recommendation of the department, and (iv) the agency files. When the decision  of the board is to adopt the recommendation of the department, the board shall  provide in writing a clear and concise statement of the legal basis and  justification for the decision reached. When the decision of the board varies  from the recommendation of the department, the board shall, in consultation  with legal counsel, provide a clear and concise statement explaining the reason  for the variation and how the board's decision is in compliance with applicable  laws and regulations. The written statement shall be provided contemporaneously  with the decision of the board. Copies of the decision, certified by the  director, shall be mailed by certified mail to the permittee or applicant. 
    9VAC5-80-150. Action on permit application. 
    A. A permit, permit modification, or renewal may be issued  only if all of the following conditions have been met: 
    1. The board has received a complete application for a permit,  permit modification, or permit renewal, except that a complete application need  not be received before issuance of a general permit under 9VAC5-80-120. 
    2. Except for modifications qualifying for minor permit  modification procedures under 9VAC5-80-210 or 9VAC5-80-220, the board has  complied with the requirements for public participation under 9VAC5-80-270. 
    3. The board has complied with the requirements for notifying  and responding to affected states under 9VAC5-80-290. 
    4. The conditions of the permit provide for compliance with  all applicable requirements, the requirements of Article 2 (9VAC5-80-310 et  seq.) of this part, and the requirements of this article. 
    5. The administrator has received a copy of the proposed  permit and any notices required under 9VAC5-80-290 A and 9VAC5-80-290 B and has  not objected to issuance of the permit under 9VAC5-80-290 C within the time  period specified therein. 
    B. The Except for permit revisions, as required by  the provisions of 9VAC5-80-200, 9VAC5-80-210, 9VAC5-80-220 or 9VAC5-80-230, the  board shall take final action on each permit application (including a request  for permit modification or renewal) no later than 18 months after a complete  application is received by the board, with the following exceptions: except  in cases where a public hearing to provide the opportunity for interested  persons to contest the application is granted pursuant to 9VAC5-80-35. The  board will review any request made under 9VAC5-80-270 E 2, and will take final  action on the request and application as provided in Part I (9VAC5-80-5 et  seq.) of this chapter.
    1. For sources not deferred under 9VAC5-80-50 D, one-third  of the initial permits shall be issued in each of the three years following the  administrator's approval of this article, to include approval for federal  delegation purposes. 
    2. For permit revisions, as required by the provisions of  9VAC5-80-200, 9VAC5-80-210, 9VAC5-80-220 or 9VAC5-80-230. 
    C. Issuance of permits under this article shall not take  precedence over or interfere with the issuance of preconstruction permits under  the new source review program. 
    D. The board shall provide a statement that sets forth the  legal and factual basis for the draft permit conditions (including references  to the applicable statutory or regulatory provisions). The board shall send  this statement to the administrator and to any other person who requests it. 
    E. Within five days after receipt of the issued permit, the  applicant shall maintain the permit on the premises for which the permit has  been issued and shall make the permit immediately available to the board upon  request. 
    9VAC5-80-230. Significant modification procedures. 
    A. Significant modification procedures shall be used for  applications requesting permit modifications that do not qualify as minor  permit modifications under 9VAC5-80-210 or 9VAC5-80-220 or as administrative  amendments under 9VAC5-80-200. Significant modification procedures shall be  used for those permit modifications that: 
    1. Involve significant changes to existing monitoring,  reporting, or recordkeeping requirements in the permit, such as a change to the  method of monitoring to be used, a change to the method of demonstrating  compliance or a relaxation of reporting or recordkeeping requirements. 
    2. Require or change a case-by-case determination of an  emission limitation or other standard, or a source-specific determination for  temporary sources of ambient impacts made under 9VAC5 Chapter 40  (9VAC5-40-10 et seq.), 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) or 9VAC5 Chapter  60 (9VAC5-60-10 et seq.) 9VAC5-40 (Existing Stationary Sources),  9VAC5-50 (New and Modified Stationary Sources), or 9VAC5-60 (Hazardous Air  Pollutant Sources), or a visibility or increment analysis carried out under  this chapter. 
    3. Seek to establish or change a permit term or condition for  which there is no corresponding underlying applicable federal requirement and  that the source has assumed to avoid an applicable federal requirement to which  the source would otherwise be subject. Such terms and conditions include: 
    a. A federally enforceable emissions cap assumed to avoid  classification as a Title I modification. 
    b. An alternative emissions limit approved pursuant to  regulations promulgated under § 112(i)(5) of the federal Clean Air Act (early  reduction of hazardous air pollutants). 
    B. An application for a significant permit modification shall  meet the requirements of 9VAC5-80-80 and 9VAC5-80-90 for permit issuance and  renewal for the modification proposed and shall include the following: 
    1. A description of the change, the emissions resulting from  the change, and any new applicable federal requirements that will apply if the  change occurs. 
    2. A suggested draft permit prepared by the applicant. 
    3. Completed forms for the board to use to notify the  administrator and affected states as required under 9VAC5-80-290. 
    C. The provisions of 9VAC5-80-290 shall be carried out for  significant permit modifications in the same manner as they would be for  initial permit issuance and renewal. 
    D. The provisions of 9VAC5-80-270 shall apply to applications  made under this section. 
    E. The board shall take final action on significant permit  modifications within nine months after receipt of a complete application. 
    F. The owner shall not make the change applied for in the  significant modification application until the modification is approved by the  board under subsection E of this section. 
    G. The provisions of 9VAC5-80-140 shall apply to changes made  under this section. 
    9VAC5-80-270. Public participation. 
    A. Except for modifications qualifying for minor permit  modification procedures and administrative permit amendments, draft permits for  initial permit issuance, significant modifications, and renewals shall be  subject to a public comment period of at least 30 days. The board shall notify  the public using the procedures in subsection B of this section. 
    B. The board shall notify the public of the draft permit or  draft permit modification (i) by advertisement in a newspaper of general  circulation in the area where the source is located and (ii) through a notice  to persons on a permit mailing list who have requested such information of the  opportunity for public comment on the information available for public  inspection under the provisions of subsection C of this section. 
    C. Provisions for the content of the public notice and  availability of information shall be as follows: 
    1. The notice shall include, but not be limited to, the  following: 
    a. The source name, address and description of specific  location. 
    b. The name and address of the permittee. 
    c. The name and address of the regional office processing the  permit. 
    d. The activity or activities for which the permit action is  sought. 
    e. The emissions change that would result from the permit  issuance or modification. 
    f. The name, address, and telephone number of a department  contact from whom interested persons may obtain additional information,  including copies of the draft permit or draft permit modification, the  application, and all relevant supporting materials, including the compliance  plan. 
    g. A brief description of the comment procedures required by  this section. 
    h. A brief description of the procedures to be used to request  a hearing or the time and place of the public hearing if the board determines  to hold a hearing under subdivision E 3 of this section. 
    2. Information on the permit application (exclusive of  confidential information under 9VAC5-20-150), as well as the draft permit or  draft permit modification, shall be available for public inspection during the  entire public comment period at the regional office. 
    D. The board shall provide such notice and opportunity for  participation by affected states as is provided for by 9VAC5-80-290. 
    E. Provisions for public hearing shall be as follows: 
    1. The board shall provide an opportunity for a public hearing  as described in subdivisions 2 through 6 of this subsection. 
    2. Following the initial publication of the notice of  a public comment period required under subsection B of this section,  the board will receive written requests for a public hearing to consider  contest the draft permit or draft permit modification pursuant to the  requirements of 9VAC5-80-35. The In order to be considered, the  request shall be submitted within 30 days of the appearance of the notice in  the newspaper no later than the end of the comment period. Request  for a public hearing shall contain the following information: 
    a. The name, mailing address and telephone number of the  requester. 
    b. The names and addresses of all persons for whom the  requester is acting as a representative (for the purposes of this  requirement, an unincorporated association is a person). 
    c. The reason why a public hearing is requested,  including the air quality concern that forms the basis for the request. 
    d. A brief, informal statement setting forth the factual  nature and the extent of the interest of the requester or of the persons for  whom the requester is acting as representative in the draft permit or draft  permit modification, including information on how the operation of the  facility under consideration affects the requester an explanation of how  and to what extent such interest would be directly and adversely affected by  the issuance, denial, modification, or revocation of the permit in question.  
    e. Where possible, specific references to the terms and  conditions of the permit in question, together with suggested revisions and  alterations of those terms and conditions that the requester considers are  needed to conform the permit to the intent and provisions of the Virginia Air  Pollution Control Law.
    3. The board shall review all requests for public hearing  filed as required under subdivision 2 of this subsection and within 30 calendar  days following the expiration of the public comment period shall grant a public  hearing if it finds both of the following: will review any request made  under subdivision 2 of this subsection, and will take final action on the  request as provided in 9VAC5-80-150 B.
    a. There is significant public interest in the air quality  issues raised by the permit application in question. 
    b. There are substantial, disputed air quality issues  relevant to the permit application in question. 
    4. The board shall notify by mail the applicant and each  requester, at his last known address, of the decision to convene or deny a  public hearing. The notice shall contain the basis for the decision to grant or  deny a public hearing. If the public hearing is granted, the notice shall  contain a description of procedures for the public hearing. 
    5. If the board decides to hold a public hearing, the  hearing shall be scheduled at least 30 and no later than 60 days after mailing  the notification required in subdivision 4 of this subsection. 
    6. The procedures for notification to the public and  availability of information used for the public comment period as provided in  subsection C of this section shall also be followed for the public hearing. The  hearing shall be held in the affected air quality control region. 
    7. As an alternative to the requirements of subdivisions 1  through 6 of this subsection, the board may hold a public hearing if an  applicant requests that a public hearing be held or if, prior to the public  comment period, the board determines that the conditions in subdivisions 3 a  and b of this subsection pertain to the permit application in question. 
    8. The board may hold a public hearing for more than one  draft permit or draft permit modification if the location for the public hearing  is appropriate for the sources under consideration and if the public hearing  time expected for each draft permit or draft permit modification will provide  sufficient time for public concerns to be heard. 
    9. Written comments shall be accepted by the board for at  least 15 days after the hearing. 
    F. The board shall keep a record of the commenters and a  record of the issues raised during the public participation process so that the  administrator may fulfill his the administrator's obligation  under § 505(b)(2) of the federal Clean Air Act to determine whether a citizen  petition may be granted. Such records shall be made available to the public  upon request. 
    9VAC5-80-510. Action on permit application. 
    A. The board shall take final action on each permit application  (including a request for permit modification or renewal) as follows: 
    1. The board shall issue or deny all permits in accordance  with the requirements of this article and this section, including the  completeness determination, draft permit, administrative record, statement of  basis, public notice and comment period, public hearing, proposed permit,  permit issuance, permit revision, and appeal procedures as amended by  9VAC5-80-660 C. 
    2. For permit revisions, as required by the provisions of  9VAC5-80-500 through 9VAC5-80-630. 
    B. A permit, permit modification, or renewal may be issued  only if all of the following conditions have been met: 
    1. The board has received a complete application for a permit,  permit modification, or permit renewal. 
    2. Except for modifications qualifying for minor permit  modification procedures under 9VAC5-80-570 or 9VAC5-80-580, the board has  complied with the requirements for public participation under 9VAC5-80-670. 
    3. The board has complied with the requirements for notifying  and responding to affected states under 9VAC5-80-690. 
    4. The conditions of the permit provide for compliance with  all applicable requirements, the requirements of Article 2 (9VAC5-80-310 et  seq.) of this part, and the requirements of this article. 
    5. The administrator has received a copy of the proposed  permit and any notices required under 9VAC5-80-690 A and B and has not objected  to issuance of the permit under 9VAC5-80-690 C within the time period specified  therein. 
    C. The issuance of the acid rain portion of the federal  operating permit shall be as follows: 
    1. After the close of the public comment period, the board  shall incorporate all necessary changes and issue or deny a proposed acid rain  permit. 
    2. The board shall submit the proposed acid rain permit or  denial of a proposed acid rain permit to the administrator in accordance with  9VAC5-80-690, the provisions of which shall be treated as applying to the  issuance or denial of a proposed acid rain permit. 
    3. Action by the administrator shall be as follows: 
    a. Following the administrator's review of the proposed acid  rain permit or denial of a proposed acid rain permit, the board or, under  9VAC5-80-690 C, the administrator shall incorporate any required changes and  issue or deny the acid rain permit in accordance with 9VAC5-80-490 and  9VAC5-80-500. 
    b. No acid rain permit (including a draft or proposed permit)  shall be issued unless the administrator has received a certificate of  representation for the designated representative of the source in accordance  with Subpart B of 40 CFR Part 72. 
    4. Permit issuance deadlines and effective dates shall be as  follows: 
    a. The board shall issue an acid rain permit to each affected  source whose designated representative submitted in accordance with  9VAC5-80-430 G a timely and complete acid rain permit application by January 1,  1996, that meets the requirements of this article. The permit shall be issued  by the effective date specified in subdivision 4 c of this subsection. 
    b. Not later than January 1, 1999, the board shall reopen the  acid rain permit to add the acid rain program nitrogen oxides requirements,  provided that the designated representative of the affected source submitted a  timely and complete acid rain permit application for nitrogen oxides in  accordance with 9VAC5-80-430 G. Such reopening shall not affect the term of the  acid rain portion of a federal operating permit. 
    c. Each acid rain permit issued in accordance with subdivision  4 a of this subsection shall take effect by the later of January 1, 1998, or,  where the permit governs a unit under 9VAC5-80-380 A 3, the deadline for  monitor certification under 40 CFR Part 75. 
    d. Both the acid rain draft and final permit shall state that  the permit applies on and after January 1, 2000. The draft and final permit  shall also specify which applicable requirements are effective prior to January  1, 2000, and the effective date of those applicable requirements. 
    e. Each acid rain permit shall have a term of five years  commencing on its effective date. 
    f. An acid rain permit shall be binding on any new owner or  operator or designated representative of any source or unit governed by the  permit. 
    5. Each acid rain permit shall contain all applicable acid  rain requirements, shall be a portion of the federal operating permit that is  complete and segregable from all other air quality requirements, and shall not  incorporate information contained in any other documents, other than documents  that are readily available. 
    6. Invalidation of the acid rain portion of a federal  operating permit shall not affect the continuing validity of the rest of the  operating permit, nor shall invalidation of any other portion of the operating  permit affect the continuing validity of the acid rain portion of the permit. 
    D. The board shall take final action on each permit  application (including a request for a permit modification or renewal) no later  than 18 months after a complete application is received by the board, except for  initial permits in cases where a public hearing to provide the  opportunity for interested persons to contest the application is granted  pursuant to 9VAC5-80-35. The board will review any request made under  9VAC5-80-670 E 2, and will take final action on the request and application as  provided in Part I (9VAC5-80-5 et seq.) of this chapter. The initial  permits issued under this article shall be issued by the effective date  specified in subdivision C 4 c of this section. 
    E. Issuance of permits under this article shall not take  precedence over or interfere with the issuance of preconstruction permits under  the new source review program. 
    F. The board shall provide a statement that sets forth the  legal and factual basis for the draft permit conditions (including references  to the applicable statutory or regulatory provisions) as follows. The board  shall send this statement to the administrator and to any other person who  requests it. 
    1. The statement of basis shall briefly set forth significant  factual, legal, and policy considerations on which the board relied in issuing  or denying the draft permit. 
    2. The statement of basis shall include the reasons, and  supporting authority, for approval or disapproval of any compliance options  requested in the permit application, including references to applicable  statutory or regulatory provisions and to the administrative record. 
    3. The board shall submit to the administrator a copy of the  draft acid rain permit and the statement of basis and all other relevant  portions of the federal operating permit that may affect the draft acid rain  permit. 
    G. Within five days after receipt of the issued permit, the  applicant shall maintain the permit on the premises for which the permit has  been issued and shall make the permit immediately available to the board upon  request. 
    9VAC5-80-590. Significant modification procedures. 
    A. Significant modification procedures shall be used for  applications requesting permit modifications that do not qualify as minor  permit modifications under 9VAC5-80-570 or 9VAC5-80-580 or as administrative  amendments under 9VAC5-80-560. Significant modification procedures shall be  used for those permit modifications that: 
    1. Involve significant changes to existing monitoring,  reporting, or recordkeeping requirements in the permit, such as a change to the  method of monitoring to be used, a change to the method of demonstrating  compliance or a relaxation of reporting or recordkeeping requirements. 
    2. Require or change a case-by-case determination of an  emission limitation or other standard, or a source-specific determination for  temporary sources of ambient impacts made under 9VAC5 Chapter 40  (9VAC5-40-10 et seq.), 9VAC5 Chapter 50 (9VAC5-50-10 et seq.), or 9VAC5 Chapter  60 (9VAC5-60-10 et seq.) 9VAC5-40 (Existing Stationary Sources), 9VAC5-50  (New and Modified Stationary Sources), or 9VAC5-60 (Hazardous Air Pollutant  Sources), or a visibility or increment analysis carried out under this  chapter. 
    3. Seek to establish or change a permit term or condition for  which there is no corresponding underlying applicable federal requirement and  that the source has assumed to avoid an applicable federal requirement to which  the source would otherwise be subject. Such terms and conditions include: 
    a. A federally enforceable emissions cap assumed to avoid  classification as a Title I modification. 
    b. An alternative emissions limit approved pursuant to  regulations promulgated under § 112(i)(5) of the federal Clean Air Act (early  reduction of hazardous air pollutants). 
    B. An application for a significant permit modification shall  meet the requirements of 9VAC5-80-430 and 9VAC5-80-440 for permit issuance and  renewal for the modification proposed and shall include the following: 
    1. A description of the change, the emissions resulting from  the change, and any new applicable federal requirements that will apply if the  change occurs. 
    2. A suggested draft permit prepared by the applicant. 
    3. Completed forms for the board to use to notify the  administrator and affected states as required under 9VAC5-80-690. 
    C. The provisions of 9VAC5-80-690 shall be carried out for  significant permit modifications in the same manner as they would be for  initial permit issuance and renewal. 
    D. The provisions of 9VAC5-80-670 shall apply to applications  made under this section. 
    E. The board shall take final action on significant permit  modifications within nine months after receipt of a complete application. 
    F. The owner shall not make the change applied for in the  significant modification application until the modification is approved by the  board under subsection E of this section. 
    G. The provisions of 9VAC5-80-500 shall apply to changes made  under this section. 
    9VAC5-80-670. Public participation. 
    A. Except for modifications qualifying for minor permit  modification procedures and administrative permit amendments, draft permits for  initial permit issuance, significant modifications, and renewals shall be  subject to a public comment period of at least 30 days. The board shall notify  the public using the procedures in subsection B of this section. 
    B. The board shall notify the public of the draft permit or  draft permit modification (i) by advertisement in a newspaper of general  circulation in the area where the source is located and (ii) through a notice  to persons on a permit mailing list who have requested such information of the  opportunity for public comment on the information available for public  inspection under the provisions of subsection C of this section. 
    C. The following requirements apply with respect to content  of the public notice and availability of information: 
    1. The notice shall include, but not be limited to, the  following: 
    a. The source name, address and description of specific  location. 
    b. The name and address of the permittee. 
    c. The name and address of the regional office processing the  permit. 
    d. The activity or activities for which the permit action is  sought. 
    e. The emissions change that would result from the permit  issuance or modification. 
    f. The name, address, and telephone number of a department  contact from whom interested persons may obtain additional information,  including copies of the draft permit or draft permit modification, the  application, and all relevant supporting materials, including the compliance  plan. 
    g. A brief description of the comment procedures required by  this section. 
    h. A brief description of the procedures to be used to request  a hearing or the time and place of the public hearing if the board determines  to hold a hearing under subdivision E 3 of this section. 
    2. Information on the permit application (exclusive of  confidential information under 9VAC5-20-150), as well as the draft permit or  draft permit modification, shall be available for public inspection during the  entire public comment period at the regional office. 
    D. The board shall provide such notice and opportunity for  participation by affected states as is provided for by 9VAC5-80-690. 
    E. The following requirements apply with respect to  opportunity for public hearing: 
    1. The board shall provide an opportunity for a public hearing  as described in subdivisions 2 through 6 of this subsection. 
    2. Following the initial publication of the notice of  a public comment period required under subsection B of this section,  the board shall receive written requests for a public hearing to consider  contest the draft permit or draft permit modification pursuant to the  requirements of 9VAC5-80-35. The In order to be considered, the  request shall be submitted within 30 days of the appearance of the notice in  the newspaper no later than the end of the comment period. Request  for a public hearing shall contain the following information: 
    a. The name, mailing address and telephone number of the  requester. 
    b. The names and addresses of all persons for whom the  requester is acting as a representative (for the purposes of this  requirement, an unincorporated association is a person). 
    c. The reason why a public hearing is requested,  including the air quality concern that forms the basis for the request. 
    d. A brief, informal statement setting forth the factual  nature and the extent of the interest of the requester or of the persons for  whom the requester is acting as representative in the draft permit or draft  permit modification, including information on how the operation of the  facility under consideration affects the requester an explanation of how  and to what extent such interest would be directly and adversely affected by  the issuance, denial, modification, or revocation of the permit in question.
    e. Where possible, specific references to the terms and  conditions of the permit in question, together with suggested revisions and  alterations of those terms and conditions that the requester considers are  needed to conform the permit to the intent and provisions of the Virginia Air  Pollution Control Law.
    3. The board shall review all requests for public hearing  filed as required under subdivision E 2 of this section and, within 30 calendar  days following the expiration of the public comment period, shall grant a  public hearing if it finds both of the following: will review any  request made under subdivision 2 of this subsection, and will take final action  on the request as provided in 9VAC5-80-510 D.
    a. There is significant public interest in the air quality  issues raised by the permit application in question. 
    b. There are substantial, disputed air quality issues  relevant to the permit application in question. 
    4. The board shall notify by mail the applicant and each  requester, at his last known address, of the decision to convene or deny a  public hearing. The notice shall contain the basis for the decision to grant or  deny a public hearing. If the public hearing is granted, the notice shall  contain a description of procedures for the public hearing. 
    5. If the board decides to hold a public hearing, the  hearing shall be scheduled at least 30 and no later than 60 days after mailing  the notification required in subdivision 4 of this subsection. 
    6. The procedures for notification to the public and  availability of information used for the public comment period as provided in  subsection C of this section shall also be followed for the public hearing. The  hearing shall be held in the affected air quality control region. 
    7. As an alternative to the requirements of subdivisions 1  through 6 of this subsection, the board may hold a public hearing if an  applicant requests that a public hearing be held or if, prior to the public  comment period, the board determines that the conditions in subdivisions 3 a  and b of this subsection pertain to the permit application in question. 
    8. The board may hold a public hearing for more than one  draft permit or draft permit modification if the location for the public  hearing is appropriate for the sources under consideration and if the public  hearing time expected for each draft permit or draft permit modification will  provide sufficient time for public concerns to be heard. 
    9. Written comments shall be accepted by the board for at  least 15 days after the hearing. 
    F. The board shall keep (i) a record of the commenters and  (ii) a record of the issues raised during the public participation process so  that the administrator may fulfill his the administrator's  obligation under § 505(b)(2) of the federal Clean Air Act to determine whether  a citizen petition may be granted. Such records shall be made available to the  public upon request. 
    9VAC5-80-860. Action on permit application. 
    A. After receipt of an application or any additional  information, the board shall advise the applicant in writing of any deficiency  in such application or information no later than 30 days after receipt of the  application or additional information. 
    B. If no public comment period is required, processing  The board will normally process an application according to the steps  specified in subdivisions 1 through 5 of this subsection. Processing  time for a permit these steps is normally 90 days following  receipt of a complete application. If a public comment period is required,  processing time for a permit is normally 180 days following receipt of a  complete application. The board may extend this time period if additional  information is required needed. Processing steps may include,  but not be limited to: 
    1. Completion of Complete the preliminary review  and analysis in accordance with 9VAC5-80-870 and the preliminary decision  determination of the board; 
    2. Inspection of Inspect the stationary source  or emissions unit, provided an inspection has not been conducted within the  last six months; 
    3. Public comment period, when When required by,  complete the public participation requirements in accordance with  9VAC5-80-1020; and 
    4. Consider the public comments received in accordance with  9VAC5-80-1020; and
    4. Completion of 5. Complete the final review  and analysis and the final decision determination of the board. 
    C. The board will normally take final action on all  complete applications an application after completion of the review  and analysis, unless more information is needed steps in subsection B of  this section except in cases where a public hearing to provide the opportunity  for interested persons to contest the application is granted pursuant to  9VAC5-80-35. The board will review any request made under 9VAC5-80-1020 C, and  will take final action on the request and application as provided in Part I  (9VAC5-80-5 et seq.) of this chapter. 
    D. The board shall issue the permit or notify the  applicant in writing of its decision, with its reasons, not to issue the  permit. 
    D. E. Within five days after receipt of the  permit pursuant to subsection B of this section, the applicant shall maintain  the permit on the premises for which the permit has been issued and shall make  the permit immediately available to the board upon request. 
    E. F. Appeals of decisions rendered pursuant to  this article shall follow the procedures outlined in Part VIII (9VAC5-170-190  et seq.) of 9VAC5 Chapter 170 9VAC5-170 (Regulation for General  Administration). 
    9VAC5-80-990. Significant amendment procedures. 
    A. The criteria for use of significant amendment procedures  are as follows: 
    1. Significant amendment procedures shall be used for requests  for permit amendments that do not qualify as minor permit amendments under  9VAC5-80-980 or as administrative amendments under 9VAC5-80-970. 
    2. Significant amendment procedures shall be used for those  permit amendments that: 
    a. Involve significant changes to existing monitoring,  reporting, or recordkeeping requirements that would make the permit  requirements less stringent, such as a change to the method of monitoring to be  used, a change to the method of demonstrating compliance or a relaxation of  reporting or recordkeeping requirements. 
    b. Require or change a case-by-case determination of an  emission limitation or other standard. 
    c. Seek to establish or change a permit term or condition (i)  for which there is no corresponding underlying applicable regulatory  requirement and (ii) that the source has assumed to avoid an applicable  regulatory requirement to which the source would otherwise be subject. Such  terms and conditions include: 
    (1) An emissions cap assumed to avoid classification as a  modification under the new source review program or § 112 of the federal Clean  Air Act. 
    (2) An alternative emissions limit approved pursuant to  regulations promulgated under § 112(i)(5) of the federal Clean Air Act. 
    B. A request for a significant permit amendment shall include  the following: 
    1. A description of the change, the emissions resulting from  the change, and any new applicable regulatory requirements that will apply if  the change occurs. 
    2. A suggested draft permit prepared by the applicant. 
    C. The provisions of 9VAC5-80-1020 shall apply to  applications made under this section. 
    D. The board will normally take final action on significant  permit amendments within 90 days after receipt of a complete request. If a  public comment period is required, processing time for a request is normally  180 days following receipt of a complete request except in cases where a public  hearing to provide the opportunity for interested persons to contest the  request is granted pursuant to 9VAC5-80-35. The board may extend this time  period if additional information is needed.
    E. The owner shall not make the change applied for in the  significant amendment request until the amendment is approved by the board  under subsection D of this section. 
    9VAC5-80-1020. Public participation. 
    A. Prior to the decision of the board, permit applications  for permits containing provisions that are necessary for the permit to be  federally enforceable shall be subject to a public comment period of at least  30 days. 
    B. When a public comment period is required, the board shall  notify the public, by advertisement in at least one newspaper of general  circulation in the affected air quality control region, of the opportunity for  public comment on the information available for public inspection under the  provisions of subsection A of this section. The notification shall be published  at least 30 days prior to the day of the public hearing. 
    1. Information on the permit application (exclusive of  confidential information under 9VAC5-170-60, as well as the preliminary review  and analysis and tentative preliminary determination of the  board, shall be available for public inspection during the entire public  comment period in at least one location in the affected air quality control  region. 
    2. A copy of the notice shall be sent to all affected local  air pollution control agencies, to all states sharing the affected air quality control  region, to the regional administrator of the U.S. Environmental Protection  Agency, and to any other governmental entity required to be notified under  state or federal law or regulation. 
    C. Following the initial publication of the notice of  a public comment period required under subsection B of this section,  the board will receive written requests for a public hearing to reconsider  contest the tentative preliminary determination of the  board pursuant to the requirements of 9VAC5-80-35. The In  order to be considered, the request shall be submitted within 30 days of  the appearance of the notice in the newspaper no later than the end of  the comment period. Request for a public hearing shall contain the  following information: 
    1. The name, mailing address, and telephone number of  the requester; 
    2. The names and addresses of all persons for whom the  requester is acting as a representative (for the purposes of this  requirement, an unincorporated association is a person); 
    3. The reason why a public hearing is requested; and  
    4. A brief, informal statement setting forth the factual  nature and the extent of the interest of the requester or of the persons for  whom the requester is acting as representative in the application or  preliminary determination, including an explanation of how and to what  extent such interest would be directly and adversely affected by the decision  of the board issuance, denial, amendment, or revocation of the permit in  question; and
    5. Where possible, specific references to the terms and  conditions of the permit in question, together with suggested revisions and  alterations of those terms and conditions that the requester considers are  needed to conform the permit to the intent and provisions of the Virginia Air  Pollution Control Law. 
    D. The board will normally review all timely requests for  public hearing filed during the 30 days following the appearance of the public  comment notice in the newspaper; and normally within 30 calendar days following  the expiration of the public comment period will grant a public hearing if it  finds the following: The board will review any request made under  subsection C of this section, and will take final action on the request as  provided in 9VAC5-80-860 C.
    1. There is significant public interest in the permit  application in question; and 
    2. There are substantial, disputed issues relevant to the  permit application in question. 
    E. The board shall notify by mail the applicant and each  requester, at his last known address, of the decision to convene or deny a  public hearing. The notice shall contain a description of procedures for the  public hearing and for the final decision under this section. 
    F. If the board decides to hold a public hearing, the  hearing will normally be scheduled at a time between 30 and 60 days after  mailing the notification required in subsection E of this section. 
    G. The procedures for notification to the public and  availability of information used for the public comment period or provided in  subsection B of this section shall also be followed for the public hearing. The  hearing shall be held in the affected air quality control region. 
    9VAC5-80-1160. Action on permit application. 
    A. Within 30 days after receipt of an application, the board  will notify the applicant of the status of the application. The notification of  the initial determination with regard to the status of the application will be  provided by the board in writing and will include (i) a determination as to  which provisions of the new source review program are applicable, (ii) the  identification of any deficiencies, and (iii) a determination as to whether the  application contains sufficient information to begin application review. The  determination that the application has sufficient information to begin review  is not necessarily a determination that it is complete. Within 30 days after  receipt of any additional information, the board will notify the applicant in  writing of any deficiencies in such information. The date of receipt of a  complete application for processing under subsection B of this section shall be  the date on which the board received all required information and the  provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have been  met, if applicable. 
    B. If no public comment period is required, processing  The board will normally process an application according to the steps  specified in subdivisions 1 through 4 of this subsection. Processing time  for a permit these steps is normally 90 days following receipt of  a complete application. If a public comment period hearing is  required, processing time for a permit is normally 180 days following  receipt of a complete application. The board may extend this time period if  additional information is required or if a public hearing is conducted under  9VAC5-80-1170 needed. Processing steps may include, but not be  limited to, the following: 
    1. Completion of Complete the preliminary review  and analysis in accordance with 9VAC5-80-1190 and the preliminary decision  determination of the board. This step may constitute the final step if  the provisions of 9VAC5-80-1170 concerning public participation are not  applicable. 
    2. When required, completion of complete the  public participation requirements in accordance with 9VAC5-80-1170. 
    3. Consider the public comments received in accordance with  9VAC5-80-1170.
    3. Completion of 4. Complete the final review  and analysis and the final decision determination of the board. 
    C. The board will normally take final action on all  applications an application after completion of the review and  analysis, or expiration of the public comment period (and consideration of  comments from that) when required, unless more information is needed applicable  steps in subsection B of this section, except in cases where direct  consideration of the application by the board is granted pursuant to  9VAC5-80-25. The board will review any request made under 9VAC5-80-1170 F, and  will take final action on the request and application as provided in Part I  (9VAC5-80-5 et seq.) of this chapter. 
    D. The board shall notify the applicant in writing of  its decision on the application, including its reasons, and shall also specify  the applicable emission limitations. These emission limitations are applicable  during any emission testing conducted in accordance with 9VAC5-80-1200. 
    D. E. The applicant may appeal the decision  pursuant to Part VIII (9VAC5-170-190 et seq.) of 9VAC5 Chapter 170. 
    E. F. Within five days after notification to  the applicant pursuant to subsection C of this section, the notification and  any comments received pursuant to the public comment period and public hearing  shall be made available for public inspection at the same location as was the  information in 9VAC5-80-1170 E 1. 
    9VAC5-80-1170. Public participation. 
    A. No later than 15 days after receiving the initial  determination notification required under 9VAC5-80-1160 A, the applicant for a  permit for a major stationary source or a major modification shall notify the  public of the proposed major stationary source or major modification in  accordance with subsection B of this section. 
    B. The public notice required by subsection A of this section  shall be placed by the applicant in at least one newspaper of general  circulation in the affected air quality control region. The notice shall be  approved by the board and shall include, but not be limited to, the following: 
    1. The source name, location, and type; 
    2. The pollutants and the total quantity of each which the  applicant estimates will be emitted, and a brief statement of the air quality  impact of such pollutants; 
    3. The control technology proposed to be used at the time of  the publication of the notice; and 
    4. The name and telephone number of a contact person, employed  by the applicant, who can answer questions about the proposed source. 
    C. Upon a determination by the board that it will achieve the  desired results in an equally effective manner, an applicant for a permit may  implement an alternative plan for notifying the public to that required in  subsections A and B of this section. 
    D. Prior to the decision of the board, permit applications as  specified below shall be subject to a public comment period of at least 30  days. At the end of the public comment period, a public hearing shall be held  in accordance with subsection E of this section. 
    1. Applications for stationary sources of hazardous air  pollutants requiring a case-by-case maximum achievable control technology  determination under Article 3 (9VAC5-60-120 et seq.) of 9VAC5 Chapter 60. 
    2. Applications for major stationary sources and major  modifications. 
    3. Applications for stationary sources which have the  potential for public interest concerning air quality issues, as determined by  the board in its discretion. The identification of such sources may be made  using the following nonexclusive criteria: 
    a. Whether the project is opposed by any person; 
    b. Whether the project has resulted in adverse media; 
    c. Whether the project has generated adverse comment through  any public participation or governmental review process initiated by any other  governmental agency; and 
    d. Whether the project has generated adverse comment by a  local official, governing body or advisory board. 
    4. Applications for stationary sources for which any provision  of the permit is to be based upon a good engineering practice (GEP) stack  height that exceeds the height allowed by subdivisions 1 and 2 of the GEP  definition. The demonstration specified in subdivision 3 of the GEP definition  must be available during the public comment period. 
    E. When a public comment period and public hearing are  required, the board shall notify the public, by advertisement in at least one  newspaper of general circulation in the affected air quality control region, of  the opportunity for the public comment and the public hearing on the  information available for public inspection under the provisions of subdivision  1 of this subsection. The notification shall be published at least 30 days  prior to the day of the public hearing. Written comments will be accepted by  the board for at least 15 days after any hearing, unless the board votes to  shorten the period.
    1. Information on the permit application (exclusive of  confidential information under 9VAC5-170-60), as well as the preliminary review  and analysis and preliminary decision determination of the board,  shall be available for public inspection during the entire public comment  period in at least one location in the affected air quality control region. 
    2. A copy of the notice shall be sent to all local air  pollution control agencies having jurisdiction in the affected air quality  control region, all states sharing the affected air quality control region, and  to the regional administrator, U.S. Environmental Protection Agency. 
    3. Notices of public comment periods and public hearings for  major stationary sources and major modifications published under this section  shall meet the requirements of § 10.1-1307.01 of the Virginia Air Pollution  Control Law. 
    F. Following the initial publication of the notice  required under subsection E of this section, the board will receive written  requests for direct consideration of the application by the board pursuant to  the requirements of 9VAC5-80-25. In order to be considered, the request must be  submitted no later than the end of the public comment period. A request for  direct consideration of an application by the board shall contain the following  information:
    1. The name, mailing address, and telephone number of the  requester.
    2. The names and addresses of all persons for whom the  requester is acting as a representative (for the purposes of this requirement,  an unincorporated association is a person).
    3. The reason why direct consideration by the board is  requested.
    4. A brief, informal statement setting forth the factual  nature and the extent of the interest of the requester or of the persons for  whom the requester is acting as representative in the application or  preliminary determination, including an explanation of how and to what extent  such interest would be directly and adversely affected by the issuance, denial  or revision of the permit in question.
    5. Where possible, specific references to the terms and  conditions of the permit in question, together with suggested revisions and  alterations of those terms and conditions that the requester considers are  needed to conform the permit to the intent and provisions of the Virginia Air  Pollution Control Law.
    G. The board will review any request made under subsection  F of this section, and will take final action on the request as provided in  9VAC5-80-1160 C.
    F. H. In order to facilitate the efficient  issuance of permits under Articles 1 (9VAC5-80-50 et seq.) and 3 (9VAC5-80-360  et seq.) of this part, upon request of the applicant the board shall process  the permit application under this article using public participation procedures  meeting the requirements of this section and 9VAC5-80-270 or 9VAC5-80-670, as  applicable. 
    9VAC5-80-1290. Significant amendment procedures. 
    A. The criteria for use of significant amendment procedures  are as follows: 
    1. Significant amendment procedures shall be used for  requesting permit amendments that do not qualify as minor permit amendments  under 9VAC5-80-1280 or as administrative amendments under 9VAC5-80-1270. 
    2. Significant amendment procedures shall be used for those  permit amendments that: 
    a. Involve significant changes to existing monitoring,  reporting, or recordkeeping requirements that would make the permit  requirements less stringent, such as a change to the method of monitoring to be  used, a change to the method of demonstrating compliance or a relaxation of  reporting or recordkeeping requirements. 
    b. Require or change a case-by-case determination of an  emission limitation or other standard. 
    c. Seek to establish or change a permit term or condition (i)  for which there is no corresponding underlying applicable regulatory  requirement and (ii) that the source has assumed to avoid an applicable  regulatory requirement to which the source would otherwise be subject. Such  terms and conditions include: 
    (1) An emissions cap assumed to avoid classification as a  modification under the new source review program or § 112 of the federal  Clean Air Act; and 
    (2) An alternative emissions limit approved pursuant to  regulations promulgated under § 112(i)(5) of the federal Clean Air Act. 
    B. A request for a significant permit amendment shall include  a description of the change, the emissions resulting from the change, and any  new applicable regulatory requirements that will apply if the change occurs.  The applicant may, at his the applicant's discretion, include a  suggested draft permit amendment. 
    C. The provisions of 9VAC5-80-1170 shall apply to requests  made under this section if the permit is for a stationary source subject to  9VAC5-80-1170. 
    D. The board will normally take final action on significant  permit amendments within 90 days after receipt of a complete request. If a  public comment period hearing is required, processing time for a  permit amendment is normally 180 days following receipt of a complete application  request except in cases where direct consideration of the request by the  board is granted pursuant to 9VAC5-80-25. The board may extend this time  period if additional information is required or if a public hearing is  conducted under 9VAC5-80-1170 needed. 
    E. The owner shall not make the change applied for in the  significant amendment request until the amendment is approved by the board  under subsection D of this section. 
    9VAC5-80-1450. Action on permit application. 
    A. Within 45 days after receipt of an application, the board  shall notify the applicant of the status of the application. The notification  of the initial determination with regard to the status of the application shall  be provided by the board in writing and shall include: (i) a determination as  to which provisions of the new source review program are applicable, (ii) the  identification of any deficiencies, and (iii) a determination as to whether the  application contains sufficient information to begin application review. The  determination that the application has sufficient information to begin review  is not necessarily a determination that it is complete. Within 30 days after  receipt of any additional information, the board shall notify the applicant of  any deficiencies in such information. The date of receipt of a complete  application for processing under subsection B of this section shall be the date  on which the board received all required information and the provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have been met. 
    B. The board will normally process an application  according to the steps specified in subdivisions 1 through 5 of this  subsection. Processing time for a permit these steps is  normally 180 days following receipt of a complete application. The board may  extend this time period if additional information is required needed.  Processing steps may include, but not be limited to: 
    1. Completion of Complete the application review  and analysis in accordance with 9VAC5-80-1480 and the preliminary decision of  the board; 
    2. Completion of Complete the emission  limitation review (if any); 
    3. Completion of Complete the public  participation requirements in 9VAC5-80-1460; and 
    4. Consider the public comments received in accordance with  9VAC5-80-1460; and
    4. 5. Completion of the final review and  analysis and the final decision determination of the board. 
    C. At its discretion, the board may undertake the following  steps prior to commencing with the public participation requirements of  9VAC5-80-1460: 
    1. The board shall initially approve the recommended emission  limitation and other terms set forth in the application, or the board shall  notify the owner in writing of its intent to disapprove the application, within  30 calendar days after the owner is notified in writing that the application is  complete. 
    2. The owner may present, in writing, within 60 calendar days  after receipt of notice of the board's intent to disapprove the application,  additional information or arguments pertaining to, or amendments to, the  application for consideration by the board before it decides whether to finally  disapprove the application. 
    3. The board shall either initially approve or issue a final  disapproval of the application within 90 days after it notifies the owner of an  intent to disapprove or within 30 days after the date additional information is  received from the owner, whichever is earlier. 
    D. The board will normally take final action on all  applications an application after expiration completion  of the public comment period (and consideration of comments from that),  unless more information is needed steps in subsections B and C of this  section, except in cases where direct consideration of the application by the  board is granted pursuant to 9VAC5-80-25. The board will review any request  made under 9VAC5-80-1460 G, and will take final action on the request and  application as provided in Part I (9VAC5-80-5 et seq.) of this chapter. 
    E. The board shall notify the applicant in writing of  its final decision on the application, including its reasons, and shall also  specify the applicable emission limitations. These emission limitations are  applicable during any emission testing conducted in accordance with  9VAC5-80-1490. 
    E. F. A final determination decision  by the board to disapprove any application shall be in writing and shall  specify the grounds on which the disapproval is based. If any application is  finally disapproved, the owner may submit a subsequent application concerning  construction or reconstruction of the same major source, provided that the  subsequent application has been amended in response to the stated grounds for  the prior disapproval. 
    F. G. The applicant may appeal the decision  pursuant to 9VAC5 Chapter 170 (9VAC5-170-190 et seq.) Part VIII  (9VAC5-170-190 et seq.) of 9VAC5-170 (Regulation for General Administration).  
    G. H. Within five days after notification to  the applicant pursuant to subsection B of this section, the notification and  any comments received pursuant to the public comment period and public hearing  shall be made available for public inspection at the same location as was the  information in 9VAC5-80-1460 H 1. 
    H. I. The board shall send a copy of any final  permit issued to a stationary source to the administrator through the  appropriate regional office and to all other state and local air pollution  control agencies having jurisdiction in affected states. Within 60 days of the  issuance of the final permit, the board shall provide a copy of such permit to  the administrator, and shall provide a summary in a compatible electronic format  for inclusion in the MACT database. 
    I. J. The effective date of a case-by-case MACT  determination shall be the date the permit becomes final. 
    J. K. On and after the date of startup, a  constructed or reconstructed major source which is subject to the requirements  of this article shall be in compliance with all applicable requirements  specified in the permit. 
    9VAC5-80-1460. Public participation. 
    A. No later than 15 days after receiving the initial  determination notification required under 9VAC5-80-1450 A, the applicant for a  permit for a major source of hazardous air pollutants shall notify the public  of the proposed source as required in subsection B of this section. The  applicant shall also provide an informational briefing about the proposed  source for the public as required in subsection C of this section. 
    B. The public notice required under this section shall be  placed by the applicant in at least one newspaper of general circulation in the  affected air quality control region. The notice shall be approved by the board  and shall include, but not be limited to, the following: 
    1. The source name, location, and type; 
    2. The applicable pollutants and the total quantity of each  which the applicant estimates will be emitted, and a brief statement of the air  quality impact of such pollutants; 
    3. The control technology proposed to be used at the time of  the publication of the notice; 
    4. The date, time and place of the informational briefing; and  
    5. The name and telephone number of a contact person employed  by the applicant who can answer questions about the proposed source. 
    C. The informational briefing shall be held in the locality  where the source is or will be located and at least 30 days, but no later than  60 days, following the day of the publication of the public notice in the  newspaper. The applicant shall inform the public about the operation and  potential air quality impact of the source and answer any questions concerning  air quality about the proposed source from those in attendance at the briefing.  At a minimum, the applicant shall provide information on and answer questions  about (i) specific pollutants and the total quantity of each which the  applicant estimates will be emitted and (ii) the control technology proposed to  be used at the time of the informational briefing. Representatives from the board  shall attend and provide information and answer questions on the permit  application review process. 
    D. Upon a determination by the board that it will achieve the  desired results in an equally effective manner, an applicant for a permit may  implement an alternative plan for notifying the public as required in  subsection B of this section and for providing the informational briefing as  required in subsection C of this section. 
    E. Prior to the decision of the board, all permit  applications shall be subject to a public comment period of at least 30 days. In  addition, at the end of the public comment period, a public hearing will be  held with notice in accordance with subsection F of this section.
    F. No sooner than 30 days after the start of the public  comment period, a public hearing shall be held in accordance with this section  for any application which has the potential for public interest concerning air  quality issues as determined by the board on the basis of the following  criteria: 
    1. Whether the project is opposed by any person; 
    2. Whether the project has resulted in adverse publicity; 
    3. Whether the project has generated adverse comment  through any public participation or governmental review process initiated by  any other governmental agency; and 
    4. Whether the project has generated adverse comment by a  local official, governing body or advisory board. 
    G. F. The board shall notify the public by  advertisement in at least one newspaper of general circulation in the area  affected of the opportunity for the public comment and the public hearing on  the information available for public inspection under the provisions of  subdivision 1 of this subsection. The notification shall be published at least  30 days prior to the day of the public hearing. Written comments will be  accepted by the board for at least 15 days after any hearing, unless the board  votes to shorten the period.
    1. Information on the permit application (exclusive of  confidential information under 9VAC5-170-60), as well as the preliminary review  and analysis and preliminary decision determination of the board,  shall be available for public inspection during the entire public comment  period in at least one location in the affected area. 
    2. A copy of the notice shall be sent to all local air pollution  control agencies having jurisdiction in the affected air quality control  region, all states sharing the affected air quality control region, and to the  regional EPA administrator. 
    3. Notices of public hearings published under this section  shall meet the requirements of § 10.1-1307.01 of the Virginia Air Pollution  Control Law. 
    G. Following the initial publication of the notice  required under subsection F of this section, the board will receive written  requests for direct consideration of the application by the board pursuant to  the requirements of 9VAC5-80-25. In order to be considered, the request must be  submitted no later than the end of the public comment period. A request for  direct consideration of an application by the board shall contain the following  information:
    1. The name, mailing address, and telephone number of the  requester.
    2. The names and addresses of all persons for whom the  requester is acting as a representative (for the purposes of this requirement,  an unincorporated association is a person).
    3. The reason why direct consideration by the board is  requested.
    4. A brief, informal statement setting forth the factual  nature and the extent of the interest of the requester or of the persons for  whom the requester is acting as representative in the application or  preliminary determination, including an explanation of how and to what extent  such interest would be directly and adversely affected by the issuance, denial  or revision of the permit in question.
    5. Where possible, specific references to the terms and  conditions of the permit in question, together with suggested revisions and  alterations of those terms and conditions that the requester considers are  needed to conform the permit to the intent and provisions of the Virginia Air  Pollution Control Law.
    H. The board will review any request made under subsection  G of this section, and will take final action on the request as provided in  9VAC5-80-1450 D.
    H. I. In order to facilitate the efficient  issuance of permits under Articles 1 and 3 of this chapter, upon request of the  applicant the board shall process the permit application under this article  using public participation procedures meeting the requirements of this section  and 9VAC5-80-270 or 9VAC5-80-670, as applicable. 
    J. If appropriate, the board may provide a public briefing  on its review of the permit application prior to the public comment period but  no later than the day before the beginning of the public comment period. If the  board provides a public briefing, the requirements of subsection F of this  section concerning public notification will be followed.
    9VAC5-80-1765. Sources affecting federal class I  areas—additional requirements. 
    A. The board shall transmit to the administrator a copy of  each permit application relating to a major stationary source or major  modification and provide notice to the administrator of the following actions  related to the consideration of such permit: 
    1. Notification of the permit application status as provided  in 9VAC5-80-1775 9VAC5-80-1773 A. 
    2. Notification of the public comment period on the  application as provided in 9VAC5-80-1775 F 5 2. 
    3. Notification of the final determination on the application  and issuance of the permit as provided in 9VAC5-80-1775 F 9 9VAC5-80-1773  D. 
    4. Notification of any other action deemed appropriate by the  board. 
    B. The board shall provide written notice of any permit  application for a proposed major stationary source or major modification, the  emissions from which may affect a class I area, to the federal land manager and  the federal official charged with direct responsibility for management of any  lands within any such area. Such notification shall include a copy of all  information relevant to the permit application and shall be given within 30  days of receipt and at least 60 days prior to any public hearing on the  application for a permit to construct. Such notification shall include an  analysis of the proposed source's anticipated impacts on visibility in the  federal class I area. The board shall also provide the federal land manager and  such federal officials with a copy of the preliminary determination required  under 9VAC5-80-1775 F 9VAC5-80-1773 B, and shall make available  to them any materials used in making that determination, promptly after the  board makes such determination. Finally, the board shall also notify all  affected federal land managers within 30 days of receipt of any advance  notification of any such permit application. 
    C. The federal land manager and the federal official charged  with direct responsibility for management of such lands have an affirmative  responsibility to protect the air quality related values (including visibility)  of such lands and to consider, in consultation with the board, whether a  proposed source or modification will have an adverse impact on such values. 
    D. The board shall consider any analysis performed by the  federal land manager, provided within 30 days of the notification required by  subsection B of this section, that shows that a proposed new major stationary  source or major modification may have an adverse impact on visibility in any  federal class I area. Where the board finds that such an analysis does not  demonstrate to the satisfaction of the board that an adverse impact on  visibility will result in the federal class I area, the board shall, in the  notice of public hearing on the permit application, either explain this  decision or give notice as to where the explanation can be obtained. 
    E. The federal land manager of any such lands may demonstrate  to the board that the emissions from a proposed source or modification would  have an adverse impact on the air quality-related values (including visibility)  of those lands, notwithstanding that the change in air quality resulting from  emissions from such source or modification would not cause or contribute to  concentrations that would exceed the maximum allowable increases for a class I  area. If the board concurs with such demonstration, then it shall not issue the  permit. 
    F. The owner of a proposed source or modification may  demonstrate to the federal land manager that the emissions from such source or  modification would have no adverse impact on the air quality related values of  any such lands (including visibility), notwithstanding that the change in air  quality resulting from emissions from such source or modification would cause  or contribute to concentrations that would exceed the maximum allowable  increases for a class I area. If the federal land manager concurs with such  demonstration and so certifies, the board may, provided that the applicable  requirements of this article are otherwise met, issue the permit with such  emission limitations as may be necessary to assure that emissions of sulfur  dioxide, particulate matter, and nitrogen oxides would not exceed the following  maximum allowable increases over minor source baseline concentration for such  pollutants: 
           | MAXIMUM ALLOWABLE INCREASE (micrograms per cubic meter)
 | 
       | Particulate matter: | 
       |   | PM10,    annual geometric mean | 17 | 
       |   | PM10,    24 hour maximum | 30 | 
       | Sulfur dioxide: | 
       |   | Annual    arithmetic mean | 20 | 
       |   | 24-hour    maximum | 91 | 
       |   | Three-hour    maximum | 325 | 
       | Nitrogen dioxide: | 
       |   | Annual    arithmetic mean | 25 | 
  
    G. The owner of a proposed source or modification that cannot  be approved under subsection F of this section may demonstrate to the governor  that the source or modification cannot be constructed by reason of any maximum  allowable increase for sulfur dioxide for a period of 24 hours or less  applicable to any class I area and, in the case of federal mandatory class I  areas, that a variance under this clause would not adversely affect the air  quality related values of the area (including visibility). The governor, after  consideration of the federal land manager's recommendation (if any) and subject  to the federal land manager's concurrence, may, after notice and public  hearing, grant a variance from such maximum allowable increase. If such  variance is granted, the board shall issue a permit to such source or  modification pursuant to the requirements of subsection I of this section,  provided that the applicable requirements of this article are otherwise met. 
    H. In any case whether the governor recommends a variance in  which the federal land manager does not concur, the recommendations of the  governor and the federal land manager shall be transmitted to the president.  The president may approve the governor's recommendation if he finds that the  variance is in the national interest. If the variance is approved, the board  shall issue a permit pursuant to the requirements of subsection I of this  section, provided that the applicable requirements of this article are  otherwise met. 
    I. In the case of a permit issued pursuant to subsection G or  H of this section the source or modification shall comply with such emission  limitations as may be necessary to assure that emissions of sulfur dioxide from  the source or modification would not (during any day on which the otherwise  applicable maximum allowable increases are exceeded) cause or contribute to  concentrations that would exceed the following maximum allowable increases over  the baseline concentration and to assure that such emissions would not cause or  contribute to concentrations which exceed the otherwise applicable maximum  allowable increases for periods of exposure of 24 hours or less for more than  18 days, not necessarily consecutive, during any annual period: 
           | MAXIMUM ALLOWABLE INCREASE(micrograms per cubic meter)
 | 
       | Period of exposure | Low terrain areas | High terrain areas | 
       | 24-hour maximum | 36 | 62 | 
       | 3-hour maximum | 130 | 221 | 
  
    9VAC5-80-1773. Action on permit application.
    A. Within 30 days after receipt of an application, the  board will notify the applicant of the status of the application. The  notification of the initial determination with regard to the status of the  application will be provided by the board in writing and will include (i) a  determination as to which provisions of the new source review program are  applicable, (ii) the identification of any deficiencies, and (iii) a  determination as to whether the application contains sufficient information to  begin application review. The determination that the application has sufficient  information to begin review is not necessarily a determination that it is  complete. Within 30 days after receipt of any additional information, the board  will notify the applicant in writing of any deficiencies in such information.  The date of receipt of a complete application shall be, for the purpose of this  article, the date on which the board received all required information and the  provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have been  met, if applicable.
    B. The board will normally process an application  according to the steps specified in subdivisions 1 through 4 of this  subsection.  Processing time for these steps is normally one year  following receipt of a complete application. The board may extend this time  period if additional information is needed.
    1. Complete the preliminary review and analysis in  accordance with 9VAC5-80-1705 and the preliminary determination whether  construction should be approved, approved with conditions, or disapproved.
    2. Complete the public participation requirements in  accordance with 9VAC5-80-1775.
    3. Consider the public comments received in accordance with  9VAC5-80-1775.
    4. Complete the final review and analysis and the final  determination of the board.
    C. The board will consider all written comments submitted  within a time specified in the notice of public comment and all comments  received at any public hearing in making a final decision on the application.  No later than 10 days after the close of the public comment period, the  applicant may submit a written response to any comments submitted by the  public. The board will consider the applicant's response in making a final  decision. The board will make all comments available for public inspection in  the same locations where the board made available preconstruction information  relating to the proposed source or modification.
    D. The board will make a final decision on an application  after completion of the steps in subsections B and C of this section except in  cases where direct consideration of the application by the board is granted  pursuant to 9VAC5-80-25. The board will review any request made under  9VAC5-80-1775 G, and will take final action on the request and application as  provided in Part I (9VAC5-80-5 et seq.) of this chapter.
    E. The board will notify the applicant in writing of the  final decision and make such notification available for public inspection at  the same location where the board made available preconstruction information  and public comments relating to the source or modification.
    F. The applicant may appeal the decision pursuant to Part  VIII (9VAC5-170-190 et seq.) of 9VAC5-170 (Regulation for General  Administration).
    G. Within five days after notification to the applicant  pursuant to subsection C of this section, the notification and any comments  received pursuant to the public comment period and public hearing will be made  available for public inspection at the same location as was the information in  9VAC5-80-1775 F 1.
    9VAC5-80-1775. Public participation. 
    A. Within 30 days after receipt of an application, the  board will notify the applicant of the status of the application. The  notification of the initial determination with regard to the status of the  application will be provided by the board in writing and will include (i) a  determination as to which provisions of the new source review program are  applicable, (ii) the identification of any deficiencies and (iii) a  determination as to whether the application contains sufficient information to  begin application review. The determination that the application has sufficient  information to begin review is not necessarily a determination that it is  complete. Within 30 days after receipt of any additional information, the board  will notify the applicant in writing of any deficiencies in such information.  The date of receipt of a complete application shall be, for the purpose of this  article, the date on which the board received all required information and the  provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have been  met, if applicable. 
    B. A. No later than 30 days after receiving the  initial determination notification required under subsection A of this  section 9VAC5-80-1773 A, the applicant shall notify the public about  the proposed source as required in subsection C B of this  section. The applicant shall also provide an informational briefing about the  proposed source for the public as required in subsection D C of  this section. 
    C. B. The public notice required under  subsection B A of this section shall be placed by the applicant  in at least one newspaper of general circulation in the affected air quality  control region. The notice shall be approved by the board and shall include,  but not be limited to, the name, location, and type of the source, and the time  and place of the informational briefing. 
    D. C. The informational briefing shall be held  in the locality where the source is or will be located and at least 30 days,  but no later than 60 days, following the day of the publication of the public  notice in the newspaper. The applicant shall inform the public about the  operation and potential air quality impact of the source and answer any  questions concerning air quality about the proposed source from those in  attendance at the briefing. At a minimum, the applicant shall provide  information on and answer questions about (i) specific pollutants and the total  quantity of each which the applicant estimates will be emitted and (ii) the  control technology proposed to be used at the time of the informational  briefing. Representatives from the board will attend and provide information  and answer questions on the permit application review process. 
    E. D. Upon a determination by the board that it  will achieve the desired results in an equally effective manner, an applicant  for a permit may implement an alternative plan for notifying the public as  required in subsection C B of this section and for providing the  informational briefing as required in subsection D C of this  section. 
    F. Within one year after receipt of a complete  application, the board will make a final determination on the application. This  involves performing the following actions in a timely manner: 
    1. Make a preliminary determination whether construction  should be approved, approved with conditions, or disapproved. 
    2. Make available in at least one location in each air  quality control region in which the proposed source or modification would be  constructed a copy of all materials the applicant submitted (exclusive of  confidential information under 9VAC5-170-60), a copy of the preliminary  determination and a copy or summary of other materials, if any, considered in  making the preliminary determination. 
    3. If appropriate, hold a public briefing on the  preliminary determination prior to the public comment period but no later than  the day before the beginning of the public comment period. The board will  notify the public of the time and place of the briefing, by advertisement in a  newspaper of general circulation in the air quality control region in which the  proposed source or modification would be constructed. The notification will be  published at least 30 days prior to the day of the briefing. 
    4. Notify the public, by advertisement in a newspaper of  general circulation in each region in which the proposed source or modification  would be constructed, of the application, the preliminary determination, the  degree of increment consumption that is expected from the source or  modification, and the opportunity for comment at a public hearing as well as  written public comment. The notification will contain a statement of the  estimated local impact of the proposed source or modification, which at a minimum  will provide information regarding specific pollutants and the total quantity  of each which may be emitted, and will list the type and quantity of any fuels  to be used. The notification will be published at least 30 days prior to the  day of the hearing. Written comments will be accepted by the board for at least  15 days after any hearing, unless the board votes to shorten the period.  Notices of public comment periods and public hearings for major stationary  sources and major modifications published under this section shall meet the  requirements of § 10.1-1307.01 of the Virginia Air Pollution Control Law. 
    5. Send a copy of the notice of public comment to the  applicant, the administrator and to officials and agencies having cognizance  over the location where the proposed construction would occur as follows: local  air pollution control agencies, the chief elected official and chief  administrative officer of the city and county where the source or modification  would be located and any other locality particularly affected, the planning  district commission, and any state, federal land manager, or Indian governing  body whose lands may be affected by emissions from the source or modification. 
    6. Provide opportunity for a public hearing for interested  persons to appear and submit written or oral comments on the air quality impact  of the source or modification, alternatives to the source or modification, the  control technology required, and other appropriate considerations. 
    7. Consider all written comments submitted within a time  specified in the notice of public comment and all comments received at any  public hearing(s) in making a final decision on the approvability of the  application. No later than 10 days after the close of the public comment  period, the applicant may submit a written response to any comments submitted  by the public. The board will consider the applicant's response in making a  final decision. The board will make all comments available for public  inspection in the same locations where the board made available preconstruction  information relating to the proposed source or modification. 
    8. Make a final determination whether construction should  be approved, approved with conditions, or disapproved pursuant to this article.  
    9. Notify the applicant in writing of the final  determination and make such notification available for public inspection at the  same location where the board made available preconstruction information and  public comments relating to the source or modification. 
    E. The board will provide opportunity for a public hearing  for interested persons to appear and submit written or oral comments on the air  quality impact of the source or modification, alternatives to the source or  modification, the control technology required, and other appropriate  considerations.
    F. The board will notify the public, by advertisement in a  newspaper of general circulation in each region in which the proposed source or  modification would be constructed, of the application, the preliminary  determination, the degree of increment consumption that is expected from the  source or modification, and the opportunity for comment at a public hearing as  well as written public comment. The notification will contain a statement of  the estimated local impact of the proposed source or modification, which at a  minimum will provide information regarding specific pollutants and the total  quantity of each that may be emitted, and will list the type and quantity of  any fuels to be used. The notification will be published at least 30 days prior  to the day of the public hearing. Written comments will be accepted by the  board for at least 15 days after any hearing, unless the board votes to shorten  the period.
    1. All materials the applicant submitted (exclusive of  confidential information under 9VAC5-170-60), a copy of the preliminary  determination and a copy or summary of other materials, if any, considered in  making the preliminary determination will be available for public inspection  during the entire public comment period in at least one location in the  affected air quality control region.
    2. A copy of the notice will be sent to the applicant, the  administrator and to officials and agencies having cognizance over the location  where the proposed construction would occur as follows: local air pollution  control agencies, the chief elected official and chief administrative officer  of the city and county where the source or modification would be located and  any other locality particularly affected, the planning district commission, and  any state, federal land manager, or Indian governing body whose lands may be  affected by emissions from the source or modification.
    3. Notices of public comment periods and public hearings  for major stationary sources and major modifications published under this  section shall meet the requirements of § 10.1-1307.01 of the Virginia Air  Pollution Control Law.
    G. Following the initial publication of the notice  required under subsection F of this section, the board will receive written  requests for direct consideration of the application by the board pursuant to  the requirements of 9VAC5-80-25. In order to be considered, the request must be  submitted no later than the end of the public comment period. A request for  direct consideration of an application by the board shall contain the following  information:
    1. The name, mailing address, and telephone number of the  requester.
    2. The names and addresses of all persons for whom the  requester is acting as a representative (for the purposes of this requirement,  an unincorporated association is a person).
    3. The reason why direct consideration by the board is  requested.
    4. A brief, informal statement setting forth the factual  nature and the extent of the interest of the requester or of the persons for  whom the requester is acting as representative in the application or  preliminary determination, including an explanation of how and to what extent  such interest would be directly and adversely affected by the issuance, denial  or revision of the permit in question.
    5. Where possible, specific references to the terms and  conditions of the permit in question, together with suggested revisions and  alterations of those terms and conditions that the requester considers are  needed to conform the permit to the intent and provisions of the Virginia Air  Pollution Control Law.
    H. The board will review any request made under subsection  G of this section, and will take final action on the request as provided in  9VAC5-80-1773 D.
    G. I. In order to facilitate the efficient  issuance of permits under Articles 1 (9VAC5-80-50 et seq.) and 3 (9VAC5-80-360  et seq.) of this part, upon request of the applicant the board will process the  permit application under this article using public participation procedures  meeting the requirements of this section and 9VAC5-80-270 or 9VAC5-80-670, as  applicable. 
    J. If appropriate, the board may hold a public briefing on  the preliminary determination prior to the public comment period but no later  than the day before the beginning of the public comment period. The board will  notify the public of the time and place of the briefing by advertisement in a  newspaper of general circulation in the air quality control region in which the  proposed source or modification would be constructed. The notification will be  published at least 30 days prior to the day of the briefing.
    9VAC5-80-1955. Significant amendment procedures. 
    A. The criteria for use of significant amendment procedures  are as follows: 
    1. Significant amendment procedures shall be used for  requesting permit amendments that do not qualify as minor permit amendments  under 9VAC5-80-1945 or as administrative amendments under 9VAC5-80-1935. 
    2. Significant amendment procedures shall be used for those  permit amendments that meet any of the following criteria: 
    a. Involve significant changes to existing monitoring,  reporting, or recordkeeping requirements that would make the permit  requirements less stringent, such as a change to the method of monitoring to be  used, a change to the method of demonstrating compliance or a relaxation of  reporting or recordkeeping requirements. 
    b. Require or change a case-by-case determination of an  emission limitation or other standard. 
    c. Seek to establish or change a permit term or condition (i)  for which there is no corresponding underlying applicable regulatory  requirement and (ii) that the source has assumed to avoid an applicable  regulatory requirement to which the source would otherwise be subject. Such  terms and conditions include, but are not limited to, an emissions cap assumed  to avoid classification as a modification under the new source review program. 
    B. A request for a significant permit amendment shall include  a description of the change, the emissions resulting from the change, and any  new applicable regulatory requirements that will apply if the change occurs.  The applicant may, at his the applicant's discretion, include a  suggested draft permit amendment. 
    C. The provisions of 9VAC5-80-1775 shall apply to requests  made under this section. 
    D. The board will normally take final action on significant  permit amendments within 90 180 days after receipt of a complete  request, except in cases where direct consideration of the request by the  board is granted pursuant to 9VAC5-80-25. If a public comment period is  required, processing time for a permit is normally 180 days following receipt  of a complete application. The board may extend this time period if  additional information is required or if a public hearing is conducted under  9VAC5-80-1775 needed. 
    E. The owner shall not make the change applied for in the  significant amendment request until the amendment is approved by the board  under subsection D of this section. 
    9VAC5-80-2060. Action on permit application. 
    A. Within 30 days after receipt of an application, the board  will notify the applicant of the status of the application. The notification of  the initial determination with regard to the status of the application shall be  provided by the board in writing and shall include (i) a determination as to  which provisions of the new source review program are applicable, (ii) the  identification of any deficiencies, and (iii) a determination as to whether the  application contains sufficient information to begin application review. The  determination that the application has sufficient information to begin review  is not necessarily a determination that it is complete. Within 30 days after  receipt of any additional information, the board will notify the applicant in  writing of any deficiencies in such information. The date of receipt of a  complete application for processing under subsection B of this section shall be  the date on which the board received all required information and the  provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have been  met, if applicable. 
    B. The board will normally process an application  according to the steps specified in subdivisions 1 through 4 of this  subsection. Processing time for a permit these steps is  normally 180 days following receipt of a complete application. The board may  extend this time period if additional information is required needed.  Processing steps may include, but not be limited to, the following: 
    1. Completion of Complete the preliminary review  and analysis in accordance with 9VAC5-80-2090 and the preliminary decision  determination of the board. 
    2. Completion of Complete the public  participation requirements in accordance with 9VAC5-80-2070. 
    3. Consider the public comments received in accordance with  9VAC5-80-2070.
    3. Completion of 4. Complete the final review  and analysis and the final decision determination of the board. 
    C. The board will normally take final action on all  applications an application after completion of the review and  analysis, or expiration of the public comment period (and consideration of  comments from it) when required, unless more information is needed steps  in subsection B of this section, except in cases where direct consideration of  the application by the board is granted pursuant to 9VAC5-80-25. The  board will review any request made under 9VAC5-80-2070 G, and will take final  action on the request and application as provided in Part I (9VAC5-80-5 et  seq.) of this chapter. 
    D. The board will notify the applicant in writing of  its decision on the application, including its reasons, and shall also specify  the applicable emission limitations. These emission limitations are applicable  during any emission testing conducted in accordance with 9VAC5-80-2080. 
    D. E. The applicant may appeal the decision  pursuant to Part VIII (9VAC5-170-190 et seq.) of 9VAC5 Chapter 170. 
    E. F. Within five days after notification to  the applicant pursuant to subsection C of this section, the notification and  any comments received pursuant to the public comment period and public hearing  shall be made available for public inspection at the same location as was the  information in 9VAC5-80-2070 F 1. 
    9VAC5-80-2070. Public participation. 
    A. No later than 30 days after receiving the initial  determination notification required under 9VAC5-80-2060 A, applicants the  applicant shall notify the public about the proposed source as required in  subsection B of this section. The applicant shall also provide an informational  briefing about the proposed source for the public as required in subsection C  of this section. 
    B. The public notice required under subsection A of this  section shall be placed by the applicant in at least one newspaper of general  circulation in the affected air quality control region. The notice shall be  approved by the board and shall include, but not be limited to, the name,  location, and type of the source, and the time and place of the informational  briefing. 
    C. The informational briefing shall be held in the locality  where the source is or will be located and at least 30 days, but no later than  60 days, following the day of the publication of the public notice in the  newspaper. The applicant shall inform the public about the operation and  potential air quality impact of the source and answer any questions concerning  air quality about the proposed source from those in attendance at the briefing.  At a minimum, the applicant shall provide information on and answer questions  about (i) specific pollutants and the total quantity of each which the  applicant estimates will be emitted and (ii) the control technology proposed to  be used at the time of the informational briefing. Representatives from the  board will attend and provide information and answer questions on the permit  application review process. 
    D. Upon determination by the board that it will achieve the  desired results in an equally effective manner, an applicant for a permit may  implement an alternative plan for notifying the public as required in  subsection B of this section and for providing the informational briefing as  required in subsection C of this section. 
    E. Prior to the decision of the board, all permit  applications will be subject to a public comment period of at least 30 days. In  addition, at the end of the public comment period, a public hearing shall be  held with notice in accordance with subsection F of this section. 
    F. For the public comment period and public hearing, the  The board will notify the public, by advertisement in at least one  newspaper of general circulation in the affected air quality control region, of  the opportunity for public comment and the public hearing on the information  available for public inspection under the provisions of subdivision 1 of this  subsection. The notification shall be published at least 30 days prior to the  day of the public hearing. Written comments will be accepted by the board  for at least 15 days after any hearing, unless the board votes to shorten the  period.
    1. Information on the permit application (exclusive of  confidential information under 9VAC5-170-60), as well as the preliminary review  and analysis and preliminary decision determination of the board,  shall be available for public inspection during the entire public comment  period in at least one location in the affected air quality control region. 
    2. A copy of the notice shall be sent to all local air  pollution control agencies having jurisdiction in the affected air quality  control region, all states sharing the affected air quality control region, and  to the regional administrator, U.S. Environmental Protection Agency. 
    3. Notices of public comment periods and public hearings for  major stationary sources and major modifications published under this section  shall meet the requirements of § 10.1-1307.01 of the Virginia Air Pollution Control  Law. 
    G. Following the initial publication of the notice  required under subsection F of this section, the board will receive written  requests for direct consideration of the application by the board pursuant to  the requirements of 9VAC5-80-25. In order to be considered, the request must be  submitted no later than the end of the public comment period. A request for  direct consideration of an application by the board shall contain the following  information:
    1. The name, mailing address, and telephone number of the  requester.
    2. The names and addresses of all persons for whom the  requester is acting as a representative (for the purposes of this requirement,  an unincorporated association is a person).
    3. The reason why direct consideration by the board is requested.
    4. A brief, informal statement setting forth the factual  nature and the extent of the interest of the requester or of the persons for  whom the requester is acting as representative in the application or  preliminary determination, including an explanation of how and to what extent  such interest would be directly and adversely affected by the issuance, denial  or revision of the permit in question.
    5. Where possible, specific references to the terms and  conditions of the permit in question, together with suggested revisions and  alterations of those terms and conditions that the requester considers are  needed to conform the permit to the intent and provisions of the Virginia Air  Pollution Control Law.
    H. The board will review any request made under subsection  G of this section, and will take final action on the request as provided in  9VAC5-80-2060 C.
    G. I. In order to facilitate the efficient  issuance of permits under Articles 1 (9VAC5-80-50 et seq.) and 3 (9VAC5-80-360  et seq.) of this part, upon request of the applicant the board will process the  permit application under this article using public participation procedures  meeting the requirements of this section and 9VAC5-80-270 or 9VAC5-80-670, as  applicable. 
    H. J. If appropriate, the board may provide a  public briefing on its review of the permit application prior to the public  comment period but no later than the day before the beginning of the public  comment period. If the board provides a public briefing, the requirements of  subsection F of this section concerning public notification shall be followed. 
    9VAC5-80-2230. Significant amendment procedures. 
    A. The criteria for use of significant amendment procedures  are as follows: 
    1. Significant amendment procedures shall be used for  requesting permit amendments that do not qualify as minor permit amendments  under 9VAC5-80-2220 or as administrative amendments under 9VAC5-80-2210. 
    2. Significant amendment procedures shall be used for those  permit amendments that meet any of the following criteria: 
    a. Involve significant changes to existing monitoring,  reporting, or record keeping requirements that would make the permit  requirements less stringent, such as a change to the method of monitoring to be  used, a change to the method of demonstrating compliance or a relaxation of  reporting or recordkeeping requirements. 
    b. Require or change a case-by-case determination of an  emission limitation or other standard. 
    c. Seek to establish or change a permit term or condition (i)  for which there is no corresponding underlying applicable regulatory  requirement and (ii) that the source has assumed to avoid an applicable  regulatory requirement to which the source would otherwise be subject. Such  terms and conditions include, but are not limited to, an emissions cap assumed  to avoid classification as a modification under the new source review program. 
    B. A request for a significant permit amendment shall include  a description of the change, the emissions resulting from the change, and any  new applicable regulatory requirements that will apply if the change occurs.  The applicant may, at his the applicant's discretion, include a  suggested draft permit amendment. 
    C. The provisions of 9VAC5-80-2070 shall apply to requests  made under this section. 
    D. The board will normally take final action on significant  permit amendments within 90 180 days after receipt of a complete  request except in cases where direct consideration of the request by the  board is granted pursuant to 9VAC5-80-25. If a public comment period is  required, processing time for a permit is normally 180 days following receipt  of a complete application. The board may extend this time period if  additional information is required or if a public hearing is conducted under  9VAC5-80-2070 needed. 
    E. The owner shall not make the change applied for in the  significant amendment request until the amendment is approved by the board  under subsection D of this section. 
    Part II 
  General Provisions 
    9VAC5-170-30. Applicability. 
    A. The provisions of this chapter, unless specified  otherwise, shall apply throughout the Commonwealth of Virginia. 
    B. The provisions of this chapter, unless specified  otherwise, shall apply in the administration of all regulations of the board to  the extent not covered in a specific regulation of the board. In cases where  the provisions of this chapter conflict with another regulation of the board,  the provisions of the other regulation shall apply. 
    C. No provision of this chapter shall limit the power of the  board to take appropriate action as necessary to control and abate air  pollution in emergency situations. 
    D. By the adoption of this chapter, the board confers upon  the department the administrative, enforcement, and decision-making authority  articulated in this chapter except as restricted in 9VAC5-170-220 Part  VII (9VAC5-170-180 et seq.) of this chapter. 
    Part VII 
  Delegation of Authority 
    9VAC5-170-180. General provisions. 
    A. In accordance with the Virginia Air Pollution Control Law  and the Administrative Process Act, the board confers upon the director the  administrative, enforcement, and decision-making powers as are set forth in  this part. The board reserves the right to exercise its authority in any of the  following delegated powers should it choose to do so, except as limited by  §§ 10.1-1322 and 10.1-1322.01 of the Code of Virginia. 
    B. The director is delegated the authority to act within the  scope of the Virginia Air Pollution Control Law and the regulations of the  board and for the board when it is not in session except for the authority to: 
    1. Control and regulate the internal affairs of the board; 
    2. Approve proposed regulations for public comment and adopt  final regulations; 
    3. Grant variances to regulations; 
    4. Approve amendments to a policy or procedure approved by the  board except as may be otherwise provided; 
    5. Appoint people to the State Advisory Board on Air  Pollution; 
    6. Create local air pollution control districts and appoint  representatives; and 
    7. Approve local ordinances except those that concern pertain  solely to open burning as provided in 9VAC5-40-5640 D. 
    C. The board may exercise its authority for direct  consideration of permit applications in cases where one or more of the  following issues is involved in the evaluation of the application: (i) the  stationary source generates public concern relating to air quality issues; (ii)  the stationary source is precedent setting; or (iii) the stationary source is a  major stationary source or major modification expected to impact on a  nonattainment area or class I area. 
    D. The director shall notify the board chairman of permit  applications falling within the categories specified in subsection C of this  section and the board chairman shall advise the director of those permits the  board wishes to consider directly. 
    Part VIII 
  Appeal of Board Actions 
    9VAC5-170-190. General provisions. 
    A. Except as provided in subsection subsections  B and C of this section, this part applies to the appeal of case  decisions and other actions or inactions of the board. 
    B. Provisions The provisions of this part do  not apply to the appeal of the promulgation of regulations or variances.  Appeals of the promulgation of regulations and variances shall be pursued under  Article 4 (§9-6.14:15 § 2.2-4026 et seq.) of the  Administrative Process Act. 
    C. The provisions of this part do not apply to permit  actions subject to Part I (9VAC5-80-5 et seq.) of 9VAC5-80 with respect to any  party except the named party.
    9VAC5-170-200. Appeal procedures.
    A. An owner or other party significantly affected by an  action of the board taken without a formal hearing, or by inaction of the  board, may request a formal hearing in accordance with §9-6.14:12 § 2.2-4020  of the Administrative Process Act, provided a petition requesting a formal  hearing is filed with the board. In cases involving actions of the board, the  petition shall be filed within 30 days after notice of the action is mailed or  delivered to the owner or party requesting notification of the action. 
    B. Prior to a formal hearing, an informal fact finding shall  be held pursuant to §9-6.14.11 § 2.2-4019 of the Administrative  Process Act unless waived by the named party and the board. 
    C. A decision of the board resulting from a formal hearing  shall constitute the final decision of the board. 
    D. Judicial review of a final decision of the board shall be  afforded in accordance with § 10.1-1318 of the Virginia Air Pollution  Control Law and §9-6.14:16 § 2.2-4026 of the Administrative  Process Act. 
    E. Nothing in this section shall prevent disposition of a  case by consent. 
    F. A petition for a formal hearing or a notice or petition  for an appeal by itself shall not constitute a stay of decision or action. 
    G. A party significantly affected by a decision of the  director may request that the board exercise its authority for direct  consideration of the issue. The request shall be filed within 30 days after the  decision is rendered and shall contain reasons for the request. 
    H. The submittal of the request by itself shall not  constitute a stay of decision. A stay of decision shall be sought through  appropriate legal channels. 
    I. The director has final authority to adjudicate contested  decisions of subordinates delegated powers by him the director  prior to appeal of decisions to the circuit court or consideration by the  board. 
    VA.R. Doc. No. R09-1364; Filed November 3, 2008, 3:12 p.m. 
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Final Regulation
        REGISTRAR'S NOTICE: The  State Air Pollution Control Board is claiming an exclusion from the  Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of  Virginia, which excludes regulations that are necessary to conform to changes  in Virginia statutory law where no agency discretion is involved. The State Air  Pollution Control Board will receive, consider and respond to petitions by any  interested person at any time with respect to reconsideration or revision.
         Title of Regulation: 9VAC5-80. Permits for Stationary  Sources (amending 9VAC5-80-1100, 9VAC5-80-1110,  9VAC5-80-1320).
    Statutory Authority: § 10.1-1308 of the Code of  Virginia; §§ 110, 112, 165, 173, 182 and Title V of the federal Clean Air  Act; 40 CFR Parts 51, 61, 63, 70 and 72.
    Effective Date: December 31, 2008. 
    Agency Contact: Cindy Berndt, Regulatory Coordinator,  Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218,  telephone (804) 698-4378, FAX (804) 698-4346, TTY (804) 698-4021, or email  cmberndt@deq.virginia.gov.
    Summary:
    The minor new source review (NSR) program (Article 6 of  9VAC5-80) covers stationary sources not covered by the major NSR program, and  applies to the construction or reconstruction of new stationary sources or  modifications (physical or operational changes) to existing ones. Exemptions  are provided for smaller facilities. With some exceptions, the owner must  obtain a permit from the agency prior to the construction or modification of  the source. The owner of the proposed new or modified source must provide  information as needed to enable the agency to conduct a preconstruction review  in order to determine compliance with applicable control technology and other  standards and to assess the impact of the net emissions from the facility on  air quality. The regulation also provides the basis for the agency's final  action (approval or disapproval) on the permit depending upon the results of  the preconstruction review. The regulation provides a sourcewide perspective to  determine applicability based upon the net emissions changes due to or directly  resulting from the modification (physical or operational change). Procedures  for making changes to permits are included. There are provisions that allow the  use of a general permit. The regulation also allows consideration of additional  factors for making Best Available Control Technology (BACT) determinations for  sources subject to minor new source review. 
    Currently, applicability for modifications is based on the  net emissions increase in actual emissions based on all the sourcewide  emissions changes due to or directly resultant from the physical or operational  change. The provision related to the applicability test for modifications have  been changed from the actual-to-potential emissions test to an  uncontrolled-to-uncontrolled emission rate test. This involves (i) deleting the  definition of "actual emissions," which contains the  actual-to-potential test, and adding a new definition for "uncontrolled  emission rate," and (ii) replacement of the text, "actual  emissions" with the text, "the uncontrolled emission rate"  throughout the regulation.
    The provisions related to alternative fuels and air  emissions have been updated to be consistent with § 10.1-1322.4 and  provide an exception from the requirement to submit the exemption demonstration  for certain fuels. These provisions have also been restructured somewhat to  ensure no conflict with federal law or regulation.
    9VAC5-80-1100. Applicability.
    A. Except as provided in subsection C of this section, the  provisions of this article apply to the construction, reconstruction,  relocation or modification of any stationary source. 
    B. The provisions of this article apply throughout the  Commonwealth of Virginia. 
    C. The provisions of this article do not apply to any  stationary source, emissions unit or facility that is exempt under the  provisions of 9VAC5-80-1320. Exemption from the requirement to obtain a permit  under this article shall not relieve any owner of the responsibility to comply  with any other applicable provisions of regulations of the board or any other  applicable regulations, laws, ordinances and orders of the governmental  entities having jurisdiction. Any stationary source, emissions unit or facility  which is exempt from the provisions of this article based on the criteria in  9VAC5-80-1320 but which exceeds the applicability thresholds for any applicable  emission standard in 9VAC5 Chapter 40 (9VAC5-40) if it were an existing source  or any applicable standard of performance in 9VAC5 Chapter 50 (9VAC5-50) shall  be subject to the more restrictive of the provisions of either the emission  standard in 9VAC5 Chapter 40 (9VAC5-40) or the standard of performance in 9VAC5  Chapter 50 (9VAC5-50). 
    D. The fugitive emissions of a stationary source, to the  extent quantifiable, shall be included in determining whether it is subject to  this article. The provisions of this article do not apply to a stationary  source or modification that would be subject to this article only if fugitive  emissions, to the extent quantifiable, are considered in calculating the actual  emissions uncontrolled emissions rate of the source or net emissions  increase. 
    E. An affected facility subject to Article 5 (9VAC5-50-400 et  seq.) of Part II of 9VAC5 Chapter 50 shall not be exempt from the provisions of  this article, except where: 
    1. The affected facility would be subject only to  recordkeeping or reporting requirements or both under Article 5 (9VAC5-50-400  et seq.) of 9VAC5 Chapter 50; or 
    2. The affected facility is constructed, reconstructed or  modified at a stationary source which has a current permit for similar affected  facilities that requires compliance with emission standards and other  requirements that are not less stringent than the provisions of Article 5  (9VAC5-50-400 et seq.) of 9VAC5 Chapter 50. 
    F. Regardless of the exemptions provided in this article, no  owner or other person shall circumvent the requirements of this article by  causing or allowing a pattern of ownership or development over a geographic  area of a source which, except for the pattern of ownership or development,  would otherwise require a permit. 
    G. No provision of this article shall be construed as  exempting any stationary source or emissions unit from the provisions of the  major new source review program. Accordingly, no provision of the major new  source review program regulations shall be construed as exempting any  stationary source or emissions unit from this article. 
    H. Unless specified otherwise, the provisions of this article  are applicable to various sources as follows: 
    1. Provisions referring to "sources," "new or  modified sources, or both" or "stationary sources" are  applicable to the construction, reconstruction or modification of all  stationary sources (including major stationary sources and major modifications)  and the emissions from them to the extent that such sources and their emissions  are not subject to the provisions of the major new source review program. 
    2. Provisions referring to "major stationary  sources" are applicable to the construction or reconstruction of all major  stationary sources subject to this article. Provisions referring to "major  modifications" are applicable to major modifications of stationary sources  subject to this article. 
    3. In cases where the provisions of the major new source  review program conflict with those of this article, the provisions of the major  new source review program shall prevail. 
    4. Provisions referring to "state and federally  enforceable" or "federally and state enforceable" or similar  wording shall mean "state-only enforceable" for terms and conditions  of a permit designated state-only enforceable under 9VAC5- 80-1120 F. 
    9VAC5-80-1110. Definitions. 
    A. For the purpose of applying this article in the context of  the Regulations for the Control and Abatement of Air Pollution and related  uses, the words or terms shall have the meanings given them in subsection C of  this section. 
    B. As used in this article, all terms not defined here shall  have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10), unless otherwise  required by context. 
    C. Terms defined. 
    "Actual emissions" means the actual rate of  emissions (expressed in tons per year) of a pollutant from a stationary source  or portion thereof, as determined in accordance with the provisions of this  definition. 
    1. In general, actual emissions as of a particular date  shall equal the average rate, in tons per year, at which the unit actually  emitted the pollutant during a two-year period that precedes the particular  date and that is representative of normal source operation. The board will  allow the use of a different time period upon a determination that it is more  representative of normal source operation. Actual emissions shall be calculated  using the unit's actual operating hours, production rates, and types of  materials processed, stored, or combusted during the selected time period. 
    2. The board may presume that source-specific allowable  emissions for the emissions unit are equivalent to the actual emissions of the  unit. 
    3. For any emissions unit which has not begun normal  operations on the particular date, actual emissions shall equal the potential  to emit of the unit on that date. 
    "Allowable emissions" means the emission rate of a  stationary source calculated by using the maximum rated capacity of the source  (unless the source is subject to state and federally enforceable limits which  restrict the operating rate or hours of operation, or both) and the most  stringent of the following: 
    1. Applicable emission standards; 
    2. The emission limitation specified as a state and federally  enforceable permit condition, including those with a future compliance date;  and 
    3. Any other applicable emission limitation, including those  with a future compliance date. 
    "Applicable federal requirement" means all of, but  not limited to, the following as they apply to emissions units in a source  subject to this article (including requirements that have been promulgated or  approved by the administrator through rulemaking at the time of permit issuance  but have future-effective compliance dates): 
    1. Any standard or other requirement provided for in an  implementation plan established pursuant to § 110, § 111(d) or § 129  of the federal Clean Air Act, including any source-specific provisions such as  consent agreements or orders. 
    2. Any limit or condition in any construction permit issued  under the new source review program or in any operating permit issued pursuant  to the state operating permit program. 
    3. Any emission standard, alternative emission standard,  alternative emission limitation, equivalent emission limitation or other  requirement established pursuant to § 112 or § 129 of the federal Clean Air Act  as amended in 1990. 
    4. Any new source performance standard or other requirement  established pursuant to § 111 of the federal Clean Air Act, and any emission  standard or other requirement established pursuant to § 112 of the federal  Clean Air Act before it was amended in 1990. 
    5. Any limitations and conditions or other requirement in a  Virginia regulation or program that has been approved by EPA under Subpart E of  40 CFR Part 63 for the purposes of implementing and enforcing § 112 of the  federal Clean Air Act. 
    6. Any requirement concerning accident prevention under §  112(r)(7) of the federal Clean Air Act. 
    7. Any compliance monitoring requirements established pursuant  to either § 504(b) or § 114(a)(3) of the federal Clean Air Act. 
    8. Any standard or other requirement for consumer and  commercial products under § 183(e) of the federal Clean Air Act. 
    9. Any standard or other requirement for tank vessels under §  183(f) of the federal Clean Air Act. 
    10. Any standard or other requirement in 40 CFR Part 55 to  control air pollution from outer continental shelf sources. 
    11. Any standard or other requirement of the regulations  promulgated to protect stratospheric ozone under Title VI of the federal Clean  Air Act, unless the administrator has determined that such requirements need  not be contained in a permit issued under this article. 
    12. With regard to temporary sources subject to 9VAC5-80-130,  (i) any ambient air quality standard, except applicable state requirements and  (ii) requirements regarding increments or visibility as provided in Article 8  (9VAC5-80-1605 et seq.) of this part. 
    "Begin actual construction" means initiation of  permanent physical on-site construction of an emissions unit. This includes,  but is not limited to, installation of building supports and foundations, laying  of underground pipework, and construction of permanent storage structures. With  respect to a change in method of operation, this term refers to those on-site  activities other than preparatory activities which mark the initiation of the  change. With respect to the initial location of a portable emissions unit, this  term refers to the delivery of any portion of the portable emissions unit to  the site. 
    "Commence," as applied to the construction,  reconstruction or modification of an emissions unit, means that the owner has  all necessary preconstruction approvals or permits and has either: 
    1. Begun, or caused to begin, a continuous program of actual  on-site construction, reconstruction or modification of the unit, to be  completed within a reasonable time; or 
    2. Entered into binding agreements or contractual obligations,  which cannot be canceled or modified without substantial loss to the owner, to  undertake a program of actual construction, reconstruction or modification of  the unit, to be completed within a reasonable time. 
    "Complete application" means that the application  contains all the information necessary for processing the application and that  the provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have  been met. Designating an application complete for purposes of permit processing  does not preclude the board from requesting or accepting additional  information. 
    "Construction" means fabrication, erection or  installation of an emissions unit. 
    "Emergency" means, in the context of 9VAC5-80-1320  B 2, a situation where immediate action on the part of a source is needed and  where the timing of the action makes it impractical to meet the requirements of  this article, such as sudden loss of power, fires, earthquakes, floods or  similar occurrences. 
    "Emissions cap" means any limitation on the rate of  emissions of any air pollutant from one or more emissions units established and  identified as an emissions cap in any permit issued pursuant to the new source  review program or operating permit program. 
    "Emissions unit" means any part of a stationary  source which emits or would have the potential to emit any regulated air  pollutant. 
    "Enforceable as a practical matter" means that the  permit contains emission limitations that are enforceable by the board or the  department and meet the following criteria: 
    1. Are permanent; 
    2. Contain a legal obligation for the owner to adhere to the  terms and conditions; 
    3. Do not allow a relaxation of a requirement of the  implementation plan; 
    4. Are technically accurate and quantifiable; 
    5. Include averaging times or other provisions that allow at  least monthly (or a shorter period if necessary to be consistent with the  implementation plan) checks on compliance. This may include, but not be limited  to, the following: compliance with annual limits in a rolling basis, monthly or  shorter limits, and other provisions consistent with 9VAC5-80-1180 and other  regulations of the board; and 
    6. Require a level of recordkeeping, reporting and monitoring  sufficient to demonstrate compliance. 
    "Federal hazardous air pollutant new source review  program" means a program for the preconstruction review and approval of  new sources or expansions to existing ones in accordance with regulations  specified below and promulgated to implement the requirements of § 112  (relating to hazardous air pollutants) of the federal Clean Air Act. 
    1. The provisions of 40 CFR 61.05, 40 CFR 61.06, 40 CFR 61.07,  40 CFR 61.08 and 40 CFR 61.15 for issuing approvals of the construction of any  new source or modification of any existing source subject to the provisions of  40 CFR Part 61. These provisions of the federal hazardous air pollutant new  source review program shall be implemented through this article and Article 1  (9VAC5-60-60 et seq.) of 9VAC5 Chapter 60. 
    2. The provisions of 40 CFR 63.5 for issuing approvals to  construct a new source or reconstruct a source subject to the provisions of 40  CFR Part 63, except for Subparts B, D and E. These provisions of the federal  hazardous air pollutant new source review program shall be implemented through  this article and Article 2 (9VAC5-60-90 et seq.) of 9VAC5 Chapter 60. 
    3. The provisions of 40 CFR 63.50 through 40 CFR 63.56 for  issuing Notices of MACT approval prior to the construction of a new emissions  unit. These provisions of the federal hazardous air pollutant new source review  program shall be implemented through this article and Article 3 (9VAC5-60-120  et seq.) of 9VAC5 Chapter 60. 
    "Federally enforceable" means all limitations and  conditions which are enforceable by the administrator and citizens under the  federal Clean Air Act or that are enforceable under other statutes administered  by the administrator. Federally enforceable limitations and conditions include,  but are not limited to, the following: 
    1. Emission standards, alternative emission standards,  alternative emission limitations, and equivalent emission limitations  established pursuant to § 112 of the federal Clean Air Act, as amended in 1990.  
    2. New source performance standards established pursuant to §  111 of the federal Clean Air Act, and emission standards established pursuant  to § 112 of the federal Clean Air Act before it was amended in 1990. 
    3. All terms and conditions in a federal operating permit,  including any provisions that limit a source's potential to emit, unless  expressly designated as not federally enforceable. 
    4. Limitations and conditions that are part of an  implementation plan established pursuant to § 110, § 111(d) or § 129  of the federal Clean Air Act. 
    5. Limitations and conditions that are part of a federal  construction permit issued under 40 CFR 52.21 or any construction permit issued  under regulations approved by the EPA in accordance with 40 CFR Part 51. 
    6. Limitations and conditions that are part of an operating  permit issued pursuant to a program approved by the EPA into an implementation  plan as meeting the EPA's minimum criteria for federal enforceability,  including adequate notice and opportunity for EPA and public comment prior to  issuance of the final permit and practicable enforceability. 
    7. Limitations and conditions in a Virginia regulation or  program that has been approved by the EPA under Subpart E of 40 CFR Part 63 for  the purposes of implementing and enforcing § 112 of the federal Clean Air Act. 
    8. Individual consent agreements that the EPA has legal  authority to create. 
    "Fixed capital cost" means the capital needed to  provide all the depreciable components. 
    "Fugitive emissions" means those emissions which  could not reasonably pass through a stack, chimney, vent, or other functionally  equivalent opening. 
    "General permit" means a permit issued under this  article that meets the requirements of 9VAC5-80-1250. 
    "Hazardous air pollutant" means any air pollutant  listed in § 112(b) of the federal Clean Air Act, as amended by 40 CFR 63.60. 
    "Major modification" means any modification defined  as such in 9VAC5-80-1615 C or 9VAC5-80-2010 C, as may apply. 
    "Major new source review (major NSR) program" means  a preconstruction review and permit program (i) for new major stationary  sources or major modifications (physical changes or changes in the method of  operation); (ii) established to implement the requirements of §§ 112, 165 and  173 of the federal Clean Air Act and associated regulations; and (iii) codified  in Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and  Article 9 (9VAC5-80-2000 et seq.) of this part. 
    "Major stationary source" means any stationary  source which emits, or has the potential to emit, 100 tons or more per year of  any regulated air pollutant. 
    "Minor new source review (minor NSR) program" means  a preconstruction review and permit program (i) for new stationary sources or  modifications (physical changes or changes in the method of operation) that do  not qualify for review under the major new source review program; (ii)  established to implement the requirements of §§ 110(a)(2)(C) and 112 of the  federal Clean Air Act and associated regulations; and (iii) codified in Article  6 (9VAC5-80-1100 et seq.) of this part. 
    "Modification" means any physical change in, change  in the method of operation of, or addition to, a stationary source that would result  in a net emissions increase of any regulated air pollutant emitted into the  atmosphere by the source or which results in the emission of any regulated air  pollutant into the atmosphere not previously emitted, except that the following  shall not, by themselves (unless previously limited by permit conditions), be  considered modifications under this definition: 
    1. Maintenance, repair and replacement which the board  determines to be routine for a source type and which does not fall within the  definition of "reconstruction"; 
    2. An increase in the production rate of a unit, if that  increase does not exceed the operating design capacity of that unit; 
    3. An increase in the hours of operation; 
    4. Use of an alternative fuel or raw material if, prior to the  date any provision of the regulations of the board becomes applicable to the  source type, the source was designed to accommodate that alternative use. A  source shall be considered to be designed to accommodate an alternative fuel or  raw material if provisions for that use were included in the final construction  specifications; 
    5. Use of an alternative fuel or raw material if, prior to  the date any provision of the regulations of the board becomes applicable to  the source type, the source was not designed to accommodate that alternative  use and the owner demonstrates to the board that as a result of trial burns at  the source or other sources or of other sufficient data that the emissions  resulting from the use of the alternative fuel or raw material supply are  decreased; 
    6. 5. The addition, replacement or use of any  system or device whose primary function is the reduction of air pollutants,  except when a system or device that is necessary to comply with applicable air  pollution control laws and regulations is replaced by a system or device which  the board considers to be less efficient in the control of air pollution  emissions; or 
    7. 6. The removal of any system or device whose  primary function is the reduction of air pollutants if the system or device is  not necessary for the source to comply with any applicable air pollution  control laws or regulations. 
    "Modified source" means any stationary source (or  portion of it), the modification of which commenced on or after March 17, 1972.  
    "Necessary preconstruction approvals or permits"  means those permits or approvals required under federal air quality control  laws and regulations, and those air quality control laws and regulations which  are part of the implementation plan. 
    "Net emissions increase" means the amount by which  the sum of the following exceeds zero: (i) any increase in actual emissions  the uncontrolled emission rate from a particular physical change or  change in the method of operation at a stationary source and (ii) any other  increases and decreases in actual emissions the uncontrolled emission  rate at the source that are concurrent with the particular change and are  otherwise creditable. An increase or decrease in actual emissions the  uncontrolled emission rate is concurrent with the increase from the  particular change only if it is directly resultant from the particular change.  An increase or decrease in actual emissions the uncontrolled emission  rate is not creditable if the board has relied on it in issuing a permit  for the source under the new source review program and that permit is in effect  when the increase in actual emissions the uncontrolled emission rate  from the particular change occurs. Creditable increases and decreases shall be  federally enforceable or enforceable as a practical matter. 
    "New source" means any stationary source (or  portion of it), the construction or relocation of which commenced on or after  March 17, 1972; and any stationary source (or portion of it), the  reconstruction of which commenced on or after December 10, 1976. 
    "New source review (NSR) program" means a  preconstruction review and permit program (i) for new stationary sources or  modifications (physical changes or changes in the method of operation); (ii)  established to implement the requirements of §§ 110(a)(2)(C), 112 (relating to  permits for hazardous air pollutants), 165 (relating to permits in prevention  of significant deterioration areas), and 173 (relating to permits in  nonattainment areas) of the federal Clean Air Act and associated regulations;  and (iii) codified in Article 6 (9VAC5-80-1100 et seq.), Article 7  (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and Article 9  (9VAC5-80-2000 et seq.) of this part. 
    "Nonroad engine" means any internal combustion engine:  
    1. In or on a piece of equipment that is self-propelled or  serves a dual purpose by both propelling itself and performing another function  (such as garden tractors, off-highway mobile cranes and bulldozers); 
    2. In or on a piece of equipment that is intended to be  propelled while performing its function (such as lawnmowers and string  trimmers); or 
    3. That, by itself or in or on a piece of equipment, is  portable or transportable, meaning designed to be capable of being carried or  moved from one location to another. Indications of transportability include,  but are not limited to, wheels, skids, carrying handles, dollies, trailers, or  platforms. 
    An internal combustion engine is not a nonroad engine if: 
    1. The engine is used to propel a motor vehicle or a vehicle  used solely for competition, or is subject to standards promulgated under § 202  of the federal Clean Air Act; or 
    2. The engine otherwise included in subdivision 3 above  remains or will remain at a location for more than 12 consecutive months or a  shorter period of time for an engine located at a seasonal source. 
    For purposes of this definition, a location is any single  site at a building, structure, facility or installation. Any engine (or  engines) that replaces an engine at a location and that is intended to perform  the same or similar function as the engine replaced will be included in  calculating the consecutive time period. An engine located at a seasonal source  is an engine that remains at a seasonal source during the full annual operating  period of the seasonal source. A seasonal source is a stationary source that  remains in a single location on a permanent basis (i.e., at least two years)  and that operates at the single location approximately three months (or more)  each year. This paragraph does not apply to an engine after the engine is  removed from the location. 
    "Portable," in reference to emissions units, means  an emissions unit that is designed to have the capability of being moved from  one location to another for the purpose of operating at multiple locations and  storage when idle. Indications of portability include, but are not limited to,  wheels, skids, carrying handles, dollies, trailers, or platforms. 
    "Potential to emit" means the maximum capacity of a  stationary source to emit a pollutant under its physical and operational  design. Any physical or operational limitation on the capacity of the source to  emit a pollutant, including air pollution control equipment, and restrictions  on hours of operation or on the type or amount of material combusted, stored,  or processed, shall be treated as part of its design only if the limitation or  its effect on emissions is state and federally enforceable. Secondary emissions  do not count in determining the potential to emit of a stationary source. 
    "Public comment period" means a time during which  the public shall have the opportunity to comment on the new or modified source  permit application information (exclusive of confidential information), the  preliminary review and analysis of the effect of the source upon the ambient  air quality, and the preliminary decision of the board regarding the permit  application. 
    "Reactivation" means beginning operation of an  emissions unit that has been shut down. 
    "Reconstruction" means the replacement of an emissions  unit or its components to such an extent that: 
    1. The fixed capital cost of the new components exceeds 50% of  the fixed capital cost that would be required to construct a comparable  entirely new unit; 
    2. The replacement significantly extends the life of the  emissions unit; and 
    3. It is technologically and economically feasible to meet the  applicable emission standards prescribed under regulations of the board. 
    Any determination by the board as to whether a proposed  replacement constitutes reconstruction shall be based on: 
    1. The fixed capital cost of the replacements in comparison to  the fixed capital cost of the construction of a comparable entirely new unit; 
    2. The estimated life of the unit after the replacements  compared to the life of a comparable entirely new unit; 
    3. The extent to which the components being replaced cause or  contribute to the emissions from the unit; and 
    4. Any economic or technical limitations on compliance with  applicable standards of performance which are inherent in the proposed  replacements. 
    "Regulated air pollutant" means any of the  following: 
    1. Nitrogen oxides or any volatile organic compound; 
    2. Any pollutant for which an ambient air quality standard has  been promulgated; 
    3. Any pollutant subject to any standard promulgated under §  111 of the federal Clean Air Act; 
    4. Any pollutant subject to a standard promulgated under or  other requirements established under § 112 of the federal Clean Air Act  concerning hazardous air pollutants and any pollutant regulated under 40 CFR  Part 63; or 
    5. Any pollutant subject to a regulation adopted by the board.  
    "Relocation" means a change in physical location of  a stationary source or an emissions unit from one stationary source to another  stationary source. 
    "Secondary emissions" means emissions which occur  or would occur as a result of the construction, reconstruction, modification or  operation of a stationary source, but do not come from the stationary source  itself. For the purpose of this article, secondary emissions must be specific,  well-defined, and quantifiable; and must affect the same general areas as the  stationary source which causes the secondary emissions. Secondary emissions  include emissions from any off site support facility which would not be  constructed or increase its emissions except as a result of the construction or  operation of the stationary source. Secondary emissions do not include any  emissions which come directly from a mobile source, such as emissions from the  tailpipe of a motor vehicle, from a train, or from a vessel. 
    "State enforceable" means all limitations and  conditions which are enforceable as a practical matter, including any  regulation of the board, those requirements developed pursuant to  9VAC5-170-160, requirements within any applicable order or variance, and any  permit requirements established pursuant to this chapter. 
    "State operating permit program" means an operating  permit program (i) for issuing limitations and conditions for stationary  sources; (ii) promulgated to meet the EPA's minimum criteria for federal  enforceability, including adequate notice and opportunity for the EPA and  public comment prior to issuance of the final permit, and practicable  enforceability; and (iii) codified in Article 5 (9VAC5-80-800 et seq.) of this  part. 
    "Stationary source" means any building, structure,  facility or installation which emits or may emit any regulated air pollutant. A  stationary source shall include all of the pollutant-emitting activities which  belong to the same industrial grouping, are located on one or more contiguous  or adjacent properties, and are under the control of the same person (or  persons under common control) except the activities of any watercraft or any  nonroad engine. Pollutant-emitting activities shall be considered as part of  the same industrial grouping if they belong to the same "major group"  (i.e., which have the same two-digit code) as described in the "Standard  Industrial Classification Manual," as amended by the supplement (see  9VAC5-20-21). 
    "Synthetic minor" means a stationary source whose  potential to emit is constrained by state enforceable and federally enforceable  limits, so as to place that stationary source below the threshold at which it  would be subject to permit or other requirements governing major stationary  sources in regulations of the board or in the federal Clean Air Act. 
    "Uncontrolled emission rate" means the emission  rate from an emissions unit when operating at maximum capacity without air  pollution control equipment. Air pollution control equipment includes control  equipment that is not vital to its operation, except that its use enables the  owner to conform to applicable air pollution control laws and regulations.  Annual uncontrolled emissions shall be based on the maximum annual rated  capacity (based on 8,760 hours of operation per year) of the emissions unit,  unless the emissions unit or stationary source is subject to state and  federally enforceable permit conditions that limit the annual hours of  operation. Enforceable permit conditions on the type or amount of material  combusted, stored, or processed may be used in determining the uncontrolled  emission rate of an emissions unit or stationary source. The uncontrolled  emission rate of a stationary source is the sum of the uncontrolled emission  rates of the individual emissions units. Secondary emissions do not count in  determining the uncontrolled emission rate of a stationary source.
    9VAC5-80-1320. Permit exemption levels. 
    A. The general requirements for permit exemption levels are  as follows: 
    1. The provisions of this article do not apply to the following  stationary sources or emissions units: 
    a. The construction, reconstruction, relocation or  modification of any stationary source or emissions unit that is exempt under  the provisions of subsections B through F of this section. 
    b. The reconstruction of any stationary source or emissions  unit if the potential to emit resulting from the reconstruction will not  increase. 
    c. The relocation of a portable emissions unit provided that: 
    (1) The new emissions from the portable emissions unit are  secondary emissions; 
    (2) The portable emissions unit has previously been permitted  or is subject to a general permit; 
    (3) The unit would not undergo modification or reconstruction;  
    (4) The unit is suitable to the area in which it is to be  located; and 
    (5) Reasonable notice is given to the board prior to the  relocation identifying the proposed new location and the probable duration of  operation at the new location. Such notice shall be given to the board not less  than 15 days in advance of the proposed relocation unless a different time  duration is previously approved by the board. 
    d. The reactivation of a stationary source unless a  determination concerning shutdown has been made pursuant to the provisions of  9VAC5-20-220. 
    e. The use by any source of an alternative fuel or raw  material, if the following conditions are met:
    (1) The owner demonstrates to the board that, as a  result of trial burns at their the owner's facility or other  facilities or other sufficient data, the emissions resulting from the use of  the alternative fuel or raw material supply are decreased.  No  demonstration will be required for the use of processed animal fat, processed  fish oil, processed vegetable oil, distillate oil, or any mixture thereof in  place of the same quantity of residual oil to fire industrial boilers.
    (2) The use of an alternative fuel or raw material would  not be subject to review under this article as a modification.
    2. In determining whether a facility source is exempt from the  provisions of this article, the provisions of subsections B through D of this  section are independent from the provisions of subsections E and F of this  section. A source must be determined to be exempt both under the provisions of  subsections B through D taken as a group and under the provisions of subsection  E or F to be exempt from this article. 
    3. In determining whether a facility is exempt from the  provisions of this article under the provisions of subsection B of this  section, the definitions in 9VAC5 Chapter 40 (9VAC5-40-10 et seq.) that would  cover the facility if it were an existing source shall be used unless deemed  inappropriate by the board. 
    4. Any owner claiming that a facility is exempt from this  article under the provisions of this section shall keep records as may be  necessary to demonstrate to the satisfaction of the board that the facility was  exempt at the time a permit would have otherwise been required under this  article. 
    B. Facilities as specified below shall be exempt from the  provisions of this article as they pertain to construction, modification,  reconstruction or relocation. 
    1. Fuel burning equipment units (external combustion units,  not engines and turbines) as follows: 
    a. Using solid fuel with a maximum heat input of less than  1,000,000 Btu per hour. 
    b. Using liquid fuel with a maximum heat input of less than  10,000,000 Btu per hour. 
    c. Using liquid and gaseous fuel with a maximum heat input of  less than 10,000,000 Btu per hour. 
    d. Using gaseous fuel with a maximum heat input of less than  50,000,000 Btu per hour. 
    2. Engines and turbines used for emergency purposes only and  which do not exceed 500 hours of operation per year at a single stationary  source as follows: 
    a. Gasoline engines with an aggregate rated brake (output)  horsepower of less than 910 hp and gasoline engines powering electrical  generators having an aggregate rated electrical power output of less than 611  kilowatts. 
    b. Diesel engines with an aggregate rated brake (output)  horsepower of less than 1,675 hp and diesel engines powering electrical  generators having an aggregate rated electrical power output of less than 1125  kilowatts. 
    c. Combustion gas turbines with an aggregate of less than  10,000,000 Btu per hour heat input (low heating value). 
    3. Engines that power mobile sources during periods of  maintenance, repair or testing. 
    4. Volatile organic compound storage and transfer operations  involving petroleum liquids and other volatile organic compounds with a vapor  pressure less than 1.5 pounds per square inch absolute under actual storage  conditions or, in the case of loading or processing, under actual loading or  processing conditions; and any operation specified below: 
    a. Volatile organic compound transfer operations involving: 
    (1) Any tank of 2,000 gallons or less storage capacity; or 
    (2) Any operation outside the volatile organic compound  emissions control areas designated in 9VAC5-20-206. 
    b. Volatile organic compound storage operations involving any  tank of 40,000 gallons or less storage capacity. 
    5. Vehicle customizing coating operations, if production is  less than 20 vehicles per day. 
    6. Vehicle refinishing operations. 
    7. Coating operations for the exterior of fully assembled  aircraft or marine vessels. 
    8. Petroleum liquid storage and transfer operations involving  petroleum liquids with a vapor pressure less than 1.5 pounds per square inch  absolute under actual storage conditions or, in the case of loading or  processing, under actual loading or processing conditions (kerosene and fuel  oil used for household heating have vapor pressures of less than 1.5 pounds per  square inch absolute under actual storage conditions; therefore, kerosene and  fuel oil are not subject to the provisions of this article when used or stored  at ambient temperatures); and any operation or facility specified below: 
    a. Gasoline bulk loading operations at bulk terminals located  outside volatile organic compound emissions control areas designated in  9VAC5-20-206. 
    b. Gasoline dispensing facilities. 
    c. Gasoline bulk loading operations at bulk plants: 
    (1) With an expected daily throughput of less than 4,000  gallons; or 
    (2) Located outside volatile organic compound emissions  control areas designated in 9VAC5-20-206. 
    d. Account/tank trucks; however, permits issued for gasoline  storage/transfer facilities should include a provision that all associated  account/tank trucks meet the same requirements as those trucks serving existing  facilities. 
    e. Petroleum liquid storage operations involving: 
    (1) Any tank of 40,000 gallons or less storage capacity; 
    (2) Any tank of less than 420,000 gallons storage capacity for  crude oil or condensate stored, processed or treated at a drilling and  production facility prior to custody transfer; or 
    (3) Any tank storing waxy, heavy pour crude oil. 
    9. Petroleum dry cleaning plants with a total manufacturers'  rated solvent dryer capacity less than 84 pounds as determined by the  applicable new source performance standard in 9VAC5-50-410. 
    10. Any addition of, relocation of or change to a woodworking  machine within a wood product manufacturing plant provided the system air  movement capacity, expressed as the cubic feet per minute of air, is not  increased and maximum control efficiency of the control system is not  decreased. 
    11. Wood sawmills and planing mills primarily engaged in  sawing rough lumber and timber from logs and bolts, or resawing cants and  flitches into lumber, including box lumber and softwood cut stock; planing  mills combined with sawmills; and separately operated planing mills that are  engaged primarily in producing surfaced lumber and standard workings or  patterns of lumber. This also includes facilities primarily engaged in sawing  lath and railroad ties and in producing tobacco hogshead stock, wood chips, and  snow fence lath. This exemption does not include any facility that engages in  the kiln drying of lumber. 
    12. Exhaust flares at natural gas and coalbed methane  extraction wells. 
    C. The exemption of new and relocated sources shall be  determined as specified below: 
    1. Stationary sources with a potential to emit at rates less  than all of the emission rates specified below shall be exempt from the  provisions of this article pertaining to construction or relocation. 
           | Pollutant | Emissions Rate | 
       | Carbon Monoxide | 100 tons per year (tpy) | 
       | Nitrogen Oxides | 40 tpy | 
       | Sulfur Dioxide | 40 tpy | 
       | Particulate Matter | 25 tpy | 
       | Particulate Matter (PM10) | 15 tpy | 
       | Volatile organic compounds | 25 tpy | 
       | Lead | 0.6 tpy | 
       | Fluorides | 3 tpy | 
       | Sulfuric Acid Mist | 6 tpy | 
       | Hydrogen Sulfide (H2S) | 9 tpy | 
       | Total Reduced Sulfur (including H2S) | 9 tpy | 
       | Reduced Sulfur Compounds (including H2S) | 9 tpy | 
       | Municipal waste combustor organics (measured as total    tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) | 3.5 x 10-6 tpy | 
       | Municipal waste combustor metals (measured as particulate    matter) | 13 tpy | 
       | Municipal waste combustor acid gases (measured as the sum of    SO2 and HCI) | 35 tpy | 
       | Municipal solid waste landfill emissions (measured as    nonmethane organic compounds) | 22 tpy | 
  
    2. Facilities exempted by subsection B of this section shall  not be included in the determination of potential to emit of a stationary  source for purposes of exempting sources under this subsection. 
    3. If the particulate matter (PM10) emissions for a  stationary source can be determined in a manner acceptable to the board and the  stationary source is deemed exempt using the emission rate for particulate  matter (PM10), the stationary source shall be considered to be  exempt for particulate matter. If the emissions of particulate matter (PM10)  cannot be determined in a manner acceptable to the board, the emission rate for  particulate matter shall be used to determine the exemption status. 
    D. The exemption of modified and reconstructed sources shall  be determined as specified below: 
    1. Stationary sources with net emissions increases less than  all of the emission rates specified below shall be exempt from the provisions  of this article pertaining to modification or reconstruction. 
           | Pollutant | Emissions Rate | 
       | Carbon Monoxide | 100 tons per year (tpy) | 
       | Nitrogen Oxides | 10 tpy | 
       | Sulfur Dioxide | 10 tpy | 
       | Particulate Matter | 15 tpy | 
       | Particulate Matter (PM10) | 10 tpy | 
       | Volatile organic compounds | 10 tpy | 
       | Lead | 0.6 tpy | 
       | Fluorides | 3 tpy | 
       | Sulfuric Acid Mist | 6 tpy | 
       | Hydrogen Sulfide (H2S) | 9 tpy | 
       | Total Reduced Sulfur (including H2S) | 9 tpy | 
       | Reduced Sulfur Compounds (including H2S) | 9 tpy | 
       | Municipal waste combustor organics (measured as total    tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) | 3.5 x 10-6 tpy | 
       | Municipal waste combustor metals (measured as particulate    matter) | 13 tpy | 
       | Municipal waste combustor acid gases (measured as the sum of    SO2 and HCl) | 35 tpy | 
       | Municipal solid waste landfill emissions (measured as    nonmethane organic compounds) | 22 tpy | 
  
    2. Facilities exempted by subsection B of this section shall  not be included in the determination of net emissions increase of a stationary  source for purposes of exempting sources under this subsection. However, any  other increases and decreases in actual emissions the uncontrolled  emission rate at the source that are concurrent with a particular change  shall be included in the determination of net emissions increase of a  stationary source for purposes of exempting sources under this subsection, and  if the change is not exempt, the other increases shall be subject to  9VAC5-50-260 C. 
    3. If the particulate matter (PM10) emissions for a  stationary source can be determined in a manner acceptable to the board and the  stationary source is deemed exempt using the emission rate for particulate  matter (PM10), the stationary source shall be considered to be  exempt for particulate matter. If the emissions of particulate matter (PM10)  cannot be determined in a manner acceptable to the board, the emission rate for  particulate matter shall be used to determine the exemption status. 
    E. Exemptions for stationary sources of toxic pollutants not  subject to the federal hazardous air pollutant new source review program shall  be as follows: 
    1. Stationary sources exempt from the requirements of Article  5 (9VAC5-60-300 et seq.) of 9VAC5 Chapter 60 as provided in 9VAC5-60-300 C 1, C  2, D or E shall be exempt from the provisions of this article. 
    2. Facilities as specified below shall not be exempt,  regardless of size or emission rate, from the provisions of this article. 
    a. Incinerators, unless the incinerator is used exclusively as  air pollution control equipment. 
    b. Ethylene oxide sterilizers. 
    c. Boilers, incinerators, or industrial furnaces as defined in  40 CFR 260.10 and subject to 9VAC20 Chapter 60 (9VAC20-60) 
    F. Any source category or portion of a source category  subject to the federal hazardous air pollutant new source review program shall  be exempt from the provisions of this article if specifically exempted from  that program by 40 CFR Part 61 or 63. 
    VA.R. Doc. No. R09-1638; Filed November 3, 2008, 3:12 p.m. 
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Final Regulation
        REGISTRAR'S NOTICE: The  State Air Pollution Control Board is claiming an exclusion from the  Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code  of Virginia, which excludes regulations that are necessary to conform to  changes in Virginia statutory law where no agency discretion is involved. The  State Air Pollution Control Board will receive, consider and respond to  petitions by any interested person at any time with respect to reconsideration  or revision.
         Title of Regulation: 9VAC5-91. Regulations for the  Control of Motor Vehicle Emissions in the Northern Virginia Area (amending 9VAC5-91-20). 
    Statutory Authority: § 46.2-1180 of the Code of  Virginia; § 182 of the federal Clean Air Act; 40 CFR Part 51, Subpart S.
    Effective Date: December 31, 2008. 
    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  memajor@deq.virginia.gov.
    Summary:
    The amendment changes the definition of "affected motor  vehicle" to state that the term does not apply to hybrid vehicles. Hybrid  vehicles meeting specific EPA criteria are exempt from the program. Section 46.2-1178 B 1 of the Code of Virginia states that "The emissions  inspection program provided for in this article shall not apply to any  qualified hybrid motor vehicle if such vehicle obtains a rating from the U.S.  Environmental Protection Agency of at least 50 miles per gallon during city  fuel economy tests unless remote sensing devices indicate the hybrid vehicle  may not meet current emissions standards. The board shall adopt such  regulations as may be required to implement this exemption."
    In addition, the term "qualified hybrid motor  vehicle" has been added to the regulation as defined by law.
    9VAC5-91-20. Terms defined.
    "Aborted test" means an emissions inspection  procedure that has been initiated by the inspector but stopped and not  completed due to inspector error or a vehicular problem that prevents  completion of the test. Aborted tests are not tests that cannot be completed  due to a "failed/invalid" result caused by an exhaust dilution  problem or an engine condition that prevents the inspection from being  completed.
    "Access code" means the security phrase or number  which allows authorized station personnel, the department, and analyzer service  technicians to perform specific assigned functions using the certified analyzer  system, as determined by the department. Depending on the assigned function,  the access code is a personal password, a state password or a service password.  Access code is not an identification number, but is used as an authenticator  along with the identification number where such number is needed to perform  specific tasks. 
    "Actual gross weight" means the gross vehicle  weight rating (GVWR). 
    "Administrator" means the administrator of the U.S.  Environmental Protection Agency (EPA) or an authorized representative. 
    "Affected motor vehicle" means any motor vehicle or  replica vehicle which:
    1. Was manufactured or designated by the manufacturer as a  model year less than 25 calendar years prior to January 1 of the present  calendar year according to the formula, the current calendar year minus 24,  except those identified by remote sensing as specified in subdivision 5 of this  definition; 
    2. Is designed for the transportation of persons or property; 
    3. Is powered by an internal combustion engine; 
    4. For the Northern Virginia Emissions Inspection Program, has  an actual gross weight of 10,000 pounds or less; and
    5. For vehicles subject to the remote sensing requirements of  9VAC5-91-180, was designated by the manufacturer as model year 1968 or newer.
    The term "affected motor vehicle" does not mean  any: 
    1. Vehicle powered by a clean special fuel as defined in § 58.1-2101  § 46.2-749.3 of the Code of Virginia, provided the federal Clean  Air Act permits such exemptions for vehicles powered by clean special fuels; 
    2. Motorcycle; 
    3. Vehicle that at the time of its manufacture was not  designed to meet emissions standards set or approved by the federal government;  
    4. Any antique motor vehicle as defined in § 46.2-100 of the  Code of Virginia and licensed pursuant to § 46.2-730 of the Code of Virginia; 
    5. Firefighting equipment, rescue vehicle, or ambulance; 
    6. Vehicle for which no testing standards have been adopted by  the board; or
    7. Tactical military vehicle; or
    8. Qualified hybrid motor vehicle if such vehicle obtains a  rating from the U.S. Environmental Protection Agency of at least 50 miles per  gallon during city fuel economy tests unless identified by the remote sensing  requirements of 9VAC5-91-180 as violating the emissions standards for on-road  testing. 
    "Air intake systems" means those systems that allow  for the induction of ambient air (to include preheated air) into the engine  combustion chamber for the purpose of mixing with a fuel for combustion. 
    "Air pollution" means the presence in the outdoor  atmosphere of one or more substances which are or may be harmful or injurious  to human health, welfare or safety; to animal or plant life; or to property; or  which unreasonably interfere with the enjoyment by the people of life or  property. 
    "Air Pollution Control Law" means Chapter 13 (§ 10.1-1300 et seq.) of Title 10.1 of the Code of Virginia. 
    "Air system" means a system for providing  supplementary air to promote further oxidation of hydrocarbons and carbon  monoxide gases and to assist catalytic reaction. 
    "Alternative fuel" means an internal combustion  engine fuel other than (i) gasoline, (ii) diesel, or (iii) fuel mixtures  containing more than 15% volume of gasoline. 
    "Alternative method" means any method of sampling  and analyzing for an air pollutant that is not a reference method, but that has  been demonstrated to the satisfaction of the board, in specific cases, to  produce results adequate for its determination of compliance. 
    "Acceleration Simulation Mode (ASM) test" means a  dynamometer-based emissions test performed in one or more, discreet, simulated  road speed and engine load modes, and equipment which can be used to perform  any such test. 
    "Authorized personnel" means department personnel,  an individual designated by analyzer manufacturer, station owner, licensed  emissions inspector, station manager or other person as designated by the  station manager. 
    "Basic engine systems" means those parts or  assemblies which provide for the efficient conversion of a compressed air and  fuel charge into useful power to include but not limited to valve train  mechanisms, cylinder head to block integrity, piston-ring-cylinder sealing  integrity and post-combustion emissions control device integrity. 
    "Bi-fuel" means any motor vehicle capable of  operating on one of two different fuels, usually gasoline and an alternative  fuel, but not a mixture of the fuels. That is, only one fuel at a time. 
    "Board" means the State Air Pollution Control Board  or its designated representative. 
    "Calibration" means establishing or verifying the  response curve of a measurement device using several different measurements  having precisely known quantities. 
    "Calibration gases" means gases of precisely known  concentrations that are used as references for establishing or verifying the  response curve of a measurement device. 
    "Canister" means a mechanical device capable of  adsorbing and retaining hydrocarbon vapors. 
    "Catalytic converter" means a post combustion  device that oxidizes hydrocarbons, carbon monoxide gases, and may also reduce  oxides of nitrogen. 
    "Certificate of emissions inspection" means a  document, device, or symbol, whether recorded in written or electronic form, as  prescribed by the director and issued pursuant to this chapter, which indicates  that (i) an affected motor vehicle has satisfactorily complied with the  emissions standards and passed the emissions inspection provided for in this  chapter; (ii) the requirement of compliance with the emissions standards has  been temporarily waived; or (iii) the affected motor vehicle has failed the  emissions inspection. 
    "Certified emissions repair facility" means a  facility, or portion of a facility, that has obtained a certification in  accordance with Part VII (9VAC5-91-500 et seq.) to perform emissions related  repairs on motor vehicles. 
    "Certified emissions repair technician" means a  person who has obtained a certification in accordance with Part VIII  (9VAC5-91-550 et seq.) to perform emissions related repairs on motor vehicles. 
    "Certified enhanced analyzer system" or  "analyzer system" means the complete system that samples and reads  concentrations of hydrocarbon, carbon dioxide, nitric oxides and carbon  monoxide gases and that is approved by the department for use in the Enhanced  Emissions Inspection Program in accordance with Part X (9VAC5-91-640 et seq.).  The system includes the exhaust gas handling system, the exhaust gas analyzer,  evaporative system pressure test equipment, associated automation hardware and  software, data media, the analyzer system cabinet, the dynamometer and  appurtenant devices, vehicle identification equipment, and associated cooling  and exhaust fans and gas cylinders. 
    "Certified thermometer" means a laboratory grade  ambient temperature-measuring device with a range of at least 20°F through  120°F, and an attested accuracy of at least 1°F with increments of 1°, with  protective shielding. 
    "Chargeable inspection" means a completed  inspection on an affected motor vehicle, for which the station owner is  entitled to collect an inspection fee. No fee shall be paid for (i) inspections  for which a certificate of emissions inspection has not been issued, (ii)  inspections that are conducted by the department for referee purposes, (iii)  inspections which were ordered due to on-road test failures but which result in  an emissions inspection "pass" at an inspection station, or (iv) the  first reinspection done at the same station that performed the initial  inspection within 14 days. An inspection ordered by the department due to an  on-road test failure that results in a confirmation test failure at an  emissions inspection station is a chargeable inspection. 
    "Confirmation test" means an emissions inspection  required due to a determination that the vehicle exceeds the exhaust emissions  standards prescribed in Table III-B in 9VAC5-91-180 for on-road testing through  remote sensing. The confirmation emissions inspection procedure may include an  exhaust test (ASM or TSI), OBD system test or both. 
    "Consent order" means a mutual agreement between  the department and any owner, operator, emissions inspector, or emissions  repair technician that such owner or other person will perform specific actions  for the purpose of diminishing or abating the causes of air pollution or for  the purpose of coming into compliance with this chapter. A consent order may  include agreed upon civil charges. Such orders may be issued without a formal  hearing. 
    "Curb idle" means vehicle operation whereby the  transmission is disengaged and the engine is operated with the throttle in the  closed or idle stop position with the resultant engine speed between 400 and  1,250 revolutions per minute (rpm), or at another idle speed if so specified by  the manufacturer. 
    "Data handling system" means all the computer  hardware, software and peripheral equipment used to conduct emissions  inspections and manage the enhanced emissions inspection program. 
    "Data medium" or "data media" means the  medium contained in the certified analyzer system and used to electronically  record test data. 
    "Day" means a 24-hour period beginning at midnight.  
    "Dedicated alternative fuel vehicle" means a  vehicle that was configured by the vehicle manufacturer to operate only on one  specific fuel other than (i) gasoline, (ii) diesel, or (iii) fuel mixtures  containing more than 15% by volume of gasoline. 
    "Dedicated-fuel vehicle" means a vehicle that was  designed and manufactured to operate and operates on one specific fuel. 
    "Department" means any employee or other  representative of the Virginia Department of Environmental Quality, as  designated by the director. 
    "Director" means the director of the Virginia  Department of Environmental Quality or a designated representative. 
    "Dual fuel" means a vehicle that operates on a  combination of fuels, usually gasoline or diesel and an alternative fuel, at  the same time. That is, the mixed fuels are introduced into the combustion  chamber of the engine. 
    "Emissions control equipment" means any part,  assembly or equipment originally installed by the manufacturer in or on a motor  vehicle for the sole or primary purpose of reducing emissions. 
    "Emissions control systems" means any system  consisting of parts, assemblies or equipment originally installed by the  manufacturer in or on a motor vehicle for the primary purpose of reducing  emissions. 
    "Emissions inspection" means an emissions  inspection of a motor vehicle performed by an emissions inspector employed by  or working at an emissions inspection station or fleet emissions inspection  station, using the tests, procedures, and provisions set forth in this chapter.  
    "Emissions inspection station" means a facility or  portion of a facility that has obtained an emissions inspection station permit  from the director authorizing the facility to perform emissions inspections in  accordance with the provisions of this chapter. 
    "Emissions inspector" means a person licensed by  the department to perform inspections of vehicles required under the Virginia  Motor Vehicle Emissions Control Law and is qualified in accordance with this  chapter. 
    "Emissions standard" means any provision of Part  III (9VAC5-91-160 et seq.) or Part XIV (9VAC5-91-790 et seq.) that prescribes  an emission limitation, or other emission control requirements for motor  vehicle air pollution. 
    "Empty weight (EW)" means that weight stated as the  EW on a Virginia motor vehicle registration or derived from the motor vehicle  title or manufacturer's certificate of origin. The EW may be used to determine  emissions inspection standards. 
    "Enhanced emissions inspection program" means a  motor vehicle emissions inspection including procedures, emissions standards,  and equipment required by 40 CFR Part 51, Subpart S or equivalent and  consistent with applicable requirements of the federal Clean Air Act. The  director will administer the enhanced emissions inspection program. Under the  Virginia Motor Vehicle Emissions Control Law, the program requires that  affected motor vehicles, unless otherwise exempted, receive biennial  inspections at official emissions inspection stations, which may be test and  repair facilities, in accordance with this chapter. Nothing in this program  shall bar enhanced emissions inspection stations or facilities from also  performing vehicle repairs. 
    "EPA" means the United States Environmental  Protection Agency. 
    "Equivalent test weight (ETW)" or "emission  test weight" means the weight of a motor vehicle as automatically  determined by the emissions analyzer system based on vehicle make, model, body,  style, model year, engine size, permanently installed equipment, and other  manufacturer and aftermarket supplied information, and used for the purpose of  assigning dynamometer resistance and exhaust emissions standards for the  conduct of an exhaust emissions inspection. 
    "Evaporative system pressure test" or  "pressure test" means a physical test of the evaporative emission  control system on a motor vehicle to determine whether the evaporative system  vents emissions of volatile organic compounds from the fuel tank and fuel  system to an on-board emission control device, and prevents their release to  the ambient air under normal vehicle operating conditions. Such testing shall  only be conducted at emissions inspection stations upon installation of  approved equipment and software necessary for performing the test, as  determined by the director.
    "Exhaust gas analyzer" means an instrument that is  capable of measuring the concentrations of certain air pollutants in the  exhaust gas from a motor vehicle.
    "Facility" means something that is built, installed  or established to serve a particular purpose; includes, but is not limited to,  buildings, installations, public works, businesses, commercial and industrial  plants, shops and stores, apparatus, processes, operations, structures, and  equipment of all types.
    "Federal Clean Air Act" means 42 USC § 7401 et  seq Chapter 85 (§ 7401 et seq.) of Title 42 of the United States Code.
    "Fleet" means 20 or more motor vehicles that are  owned, operated, leased or rented for use by a common owner.
    "Fleet emissions inspection station" means any  inspection facility operated under a permit issued to a qualified fleet owner  or lessee as determined by the director.
    "Flexible-fuel vehicle" means any motor vehicle  capable of operating on two or more fuels, either one at a time or any mixture  of two or more different fuels.
    "Formal hearing" means a board or department  process that provides for the right of private parties to submit factual proofs  as provided in § 2.2-4020 of the Administrative Process Act in connection with  case decisions. Formal hearings do not include the factual inquiries of an  informal nature provided in § 2.2-4019 of the Administrative Process Act.
    "Fuel control systems" means those mechanical,  electro-mechanical, galvanic or electronic parts or assemblies which regulate  the air-to-fuel ratio in an engine for the purpose of providing a combustible  charge.
    "Fuel filler cap pressure test" or "gas cap  pressure test" means a test of the ability of the fuel filler cap to  prevent the release of fuel vapors from the fuel tank under normal operating  conditions.
    "Gas span" means the adjustment of an exhaust gas  analyzer to correspond with known concentrations of gases.
    "Gas span check" means a procedure using known  concentrations of gases to verify the gas span adjustment of an analyzer. 
    "Gross vehicle weight rating (GVWR)" means the  maximum recommended combined weight of the motor vehicle and its load as  prescribed by the manufacturer and is (i) expressed on a permanent  identification label affixed to the motor vehicle; (ii) stated on the  manufacturer's certificate of origin; or (iii) coded in the vehicle  identification number. If the GVWR can be determined it shall be one element used  to determine emissions inspection standards and test type. If the GVWR is  unavailable, the department may make a determination based on the best  available evidence including manufacturer reference, information coded in the  vehicle identification number, or other available sources of information from  which to make the determination. 
    "Heavy duty gasoline vehicle (HDGV)" means a heavy  duty vehicle using gasoline as its fuel. 
    "Heavy duty vehicle (HDV)" means any affected motor  vehicle (i) which is rated at more than 8,500 pounds GVWR or (ii) which has a  loaded vehicle weight or GVWR of more than 6,000 pounds and has a basic frontal  area in excess of 45 square feet. 
    "High emitter index" means the method of  categorizing the probable emissions inspection failure-rates of engine  families. Values within the index are determined by computing the percentile of  the historical emissions inspection failure rate of a specific engine family,  i.e., a specific group of vehicles with the same vehicle type, year, make and  engine size, to the historical emissions inspection failure rate of all engine  families in a specific model year group. Failure rates are based on the most  recent full year of emissions inspection test data from the Virginia Motor  Vehicle Emissions Control Program. Vehicles with an index value above 75 are  considered "high-emitters." 
    "Identification number" means the number assigned  by the department to uniquely identify department personnel, an emissions  inspection station, a certified emissions repair facility, a licensed emissions  inspector, a certified emissions repair technician or other authorized  personnel as necessary for specific tasks. 
    "Idle mode" means a condition where the vehicle  engine is warm and running at the rate specified by the manufacturer as curb  idle, where the engine is not propelling the vehicle, and where the throttle is  in the closed or idle stop position. 
    "Ignition systems" means those parts or assemblies  that are designed to cause and time the ignition of a compressed air and fuel  charge. 
    "Implementation plan" means the plan, including any  revision thereof, that has been submitted by the Commonwealth and approved in  Subpart VV of 40 CFR Part 52 by the administrator under § 110 of the federal  Clean Air Act, or promulgated in Subpart VV of 40 CFR Part 52 by the  administrator under § 110(c) of the federal Clean Air Act, or promulgated or  approved by the administrator pursuant to regulations promulgated under §  301(d) of the federal Clean Air Act and that implements the relevant requirements  of the federal Clean Air Act. 
    "Informal fact finding" means an informal  conference or consultation proceeding used to ascertain the fact basis for case  decisions as provided in § 2.2-4019 of the Administrative Process Act. 
    "Initial inspection" means the first complete  emissions inspection of a motor vehicle conducted in accordance with the  biennial inspection requirement and for which a valid vehicle emissions  inspection report was issued. Any test following the initial inspection is a  retest or reinspection. 
    "Inspection area" means the area that is occupied  by the certified analyzer system and the vehicle being inspected. 
    "Inspection fee" means the amount of money that the  emissions inspection station may collect from the motor vehicle owner for each  chargeable inspection. 
    "Light duty gasoline vehicle (LDGV)" means a light  duty vehicle using gasoline as its fuel. 
    "Light duty gasoline truck (LDGT1)" means a light  duty truck 1 using gasoline as its fuel. 
    "Light duty gasoline truck (LDGT2)" means a light  duty truck 2 using gasoline as its fuel." 
    "Light duty truck (LDT)" means any affected motor  vehicle which (i) has a loaded vehicle weight or GVWR of 6,000 pounds or less  and meets any one of the criteria below; or (ii) is rated at more than 6,000  pounds GVWR but less than 8,500 pounds GVWR and has a basic vehicle frontal  area of 45 square feet or less; and meets one of the following criteria: 
    1. Designed primarily for purposes of transportation of  property or is a derivation of such a vehicle. 
    2. Designed primarily for transportation of persons and has a  capacity of more than 12 persons. 
    3. Equipped with special features enabling off-street or  off-highway operation and use. 
    "Light duty truck 1 (LDT1)" means any light duty  truck rated at 6,000 pounds GVWR or less. LDT1 is a subset of light duty  trucks. 
    "Light duty truck 2 (LDT2)" means any light duty  truck rated at greater than 6,000 pounds GVWR. LDT2 is a subset of light duty  trucks. 
    "Light duty vehicle (LDV)" means an affected motor  vehicle that is a passenger car or passenger car derivative capable of seating  12 passengers or less. 
    "Loaded vehicle weight (LVW)" or "curb  weight" means the weight of a vehicle and its standard equipment; i.e.,  the empty weight as recorded on the vehicle's registration or the base shipping  weight as recorded in the vehicle identification number, whichever is greater;  plus the weight of any permanent attachments, the weight of a nominally filled  fuel tank, plus 300 pounds. 
    "Locality" means a city, town, or county created by  or pursuant to state law. 
    "Mobile fleet emissions inspection station" means a  facility or entity that provides emissions inspection equipment or services to  a fleet emissions inspection station on a temporary basis. Such equipment is  not permanently installed at the fleet facility but is temporarily located at  the fleet facility for the sole purpose of testing vehicles owned, operated,  leased or rented for use by a common owner.
    "Model year" means, except as may be otherwise  defined in this chapter, the motor vehicle manufacturer's annual production  period which includes the time period from January 1 of the calendar year prior  to the stated model year to December 31 of the calendar year of the stated  model year; provided that, if the manufacturer has no annual production period,  the term "model year" shall mean the calendar year of manufacture.  For the purpose of this definition, model year is applied to the vehicle  chassis, irrespective of the year of manufacture of the vehicle engine.
    "Motor vehicle" means any motor vehicle as defined  in § 46.2-100 of the Code of Virginia as a motor vehicle and that:
    1. Is designed for the transportation of persons or property;  and 
    2. Is powered by an internal combustion engine. 
    "Motor vehicle dealer" means a person who is  licensed by the Department of Motor Vehicles in accordance with §§ 46.2-1500  and 46.2-1508 of the Code of Virginia. 
    "Motor vehicle inspection report" means a printed  certificate of emissions inspection that is a report of the results of an  emissions inspection. It indicates whether the motor vehicle has (i) passed,  (ii) failed, or (iii) obtained a temporary emissions inspection waiver. It may  also indicate whether the emissions inspection could not be completed due to an  exhaust dilution or an engine condition that prevents the inspection from being  completed. The report shall accurately identify the motor vehicle and shall  include inspection results, recall information provided by the department,  warranty and repair information, and a unique identification number. 
    "Motor vehicle owner" means any person who owns,  leases, operates, or controls a motor vehicle or fleet of motor vehicles. 
    "Nonconforming vehicle" means a vehicle not  manufactured for sale in the United States to conform to emissions standards  established by the federal government. 
    "Normal business hours" for emissions inspection  stations, means a daily eight-hour period Monday through Friday, between the  hours of 8 a.m. and 6 p.m., with the exception of national holidays, state  holidays, temporary closures noticed to the department and closures due to the  inability to meet the requirements of this chapter. Nothing in this chapter  shall prevent stations from performing inspections at other times in addition  to the "normal business hours." Emissions inspection stations may,  with the approval of the department, substitute a combined total of eight  hours, between 8 a.m. and 6 p.m., over a weekend period for one weekday as  their "normal business hours" for conducting emission inspections.  Emissions inspection stations shall post inspection hours. 
    "Northern Virginia emissions inspection program"  means the emissions inspection program required by this chapter in the Northern  Virginia program area. 
    "Northern Virginia program area" or "program  area" means the territorial area encompassed by the boundaries of the  following localities: the counties of Arlington, Fairfax, Loudoun, Prince  William, and Stafford; and the cities of Alexandria, Fairfax, Falls Church,  Manassas, and Manassas Park. 
    "On-board diagnostic system (OBD system)" means the  computerized emissions control diagnostic system installed on model year 1996  and newer affected motor vehicles. 
    "On-board diagnostic system test (OBD) system test"  means an evaluation of the OBD system pursuant to 40 CFR 86.094-17 according to  procedures specified in 40 CFR 85.2222 and this chapter. 
    "On-board diagnostic vehicle (OBD vehicle)" means a  model year 1996 and newer model affected motor vehicle equipped with an  on-board diagnostic system and meeting the requirements of 40 CFR 85.2231. 
    "On-road testing" means tests of motor vehicle  emissions or emissions control devices by means of roadside pullovers or remote  sensing devices. 
    "Operated primarily" means motor vehicle operation  that constitutes routine operation into or within the program area as evidenced  by observation using remote sensing equipment at least three times in a 60-day  period with no less than 30 days between the first and last observation. The  director may increase the number of observations required for compliance  determination if, in his discretion, based on program experience, such an  increase would not significantly adversely impact the objectives of this  chapter. The term "operated primarily" shall be used to identify motor  vehicle operation that is subject to the exhaust emission standards for on-road  testing through remote sensing set forth in 9VAC5-91-180. The term  "operated primarily" shall not be used to identify motor vehicle  operation that will subject the vehicle to the compliance provisions set forth  in 9VAC5-91-160 and 9VAC5-91-170 for biennial emissions inspections. 
    "Order" means any decision or directive of the  board or the director, including orders, consent orders, and orders of all  types rendered for the purpose of diminishing or abating the causes of air  pollution or enforcement of this chapter. Unless specified otherwise in this  chapter, orders shall only be issued after the appropriate administrative  proceeding. 
    "Original condition" means the condition of the  vehicle, parts, and components as installed by the manufacturer but not  necessarily to the original level of effectiveness. 
    "Owner" means any person who owns, leases,  operates, controls or supervises a facility or motor vehicle. 
    "Party" means any person who actively participates  in the administrative proceeding or offers comments through the public  participation process and is named in the administrative record. The term  "party" also means the department. 
    "Person" means an individual, corporation, partnership,  association, a governmental body, a municipal corporation, or any other legal  entity. 
    "Pollutant" means any substance the presence of  which in the outdoor atmosphere is or may be harmful or injurious to human  health, welfare or safety, to animal or plant life, or to property, or which  unreasonably interferes with the enjoyment by the people of life or property. 
    "Qualified hybrid motor vehicle" means a motor  vehicle that (i) meets or exceeds all applicable regulatory requirements, (ii)  meets or exceeds the applicable federal motor vehicle emissions standards for  gasoline-powered passenger cars, and (iii) can draw propulsion energy both from  gasoline or diesel fuel and a rechargeable energy storage system. 
    "Reconstructed vehicle" means every vehicle of a  type required to be registered under Title 46.2 (§ 46.2-100 et seq.) of the  Code of Virginia, materially altered from its original construction by the  removal, addition or substitution of new or used essential parts. Such  vehicles, at the discretion of the Department of Motor Vehicles, shall retain  their original vehicle identification number, line-make, and model year. 
    "Referee station" means those facilities operated  or used by the department to (i) determine program effectiveness, (ii) resolve  emissions inspection conflicts between motor vehicle owners and emissions  inspection stations, and (iii) provide such other technical support and  information, as appropriate, to emissions inspection stations and motor vehicle  owners. 
    "Reference method" means any method of sampling and  analyzing for an air pollutant as described in Appendix A of 40 CFR Part 60. 
    "Reinspection" or "retest" means a type  of inspection selected by the department or the emissions inspector when a  request for an inspection is due to a previous failure. Any inspection that  occurs 120 days or less following the most recent chargeable inspection is a  retest. 
    "Rejected" or "rejected from testing"  means that the vehicle cannot be inspected due to conditions in accordance with  9VAC5-91-420 C or 9VAC5-91-420 G 3.
    "Remote sensing" means the observation,  measurement, and recordation of motor vehicle exhaust emissions from motor  vehicles while traveling on roadways or in specified areas by specialized  equipment. Such equipment may use light sensing and electronic stimuli in  conjunction with devices, including videographic and digitized images, to  detect and record vehicle identification information, such as registration or  other identification numbers. 
    "Replica vehicle" means every vehicle of a type  required to be registered under Title 46.2 (§ 46.2-100 et seq.) of the Code of  Virginia not fully constructed by a licensed manufacturer but either  constructed or assembled from components. Such components may be from a single  vehicle, multiple vehicles, a kit, parts, or fabricated components. The kit may  be made up of "major components" as defined in § 46.2-1600 of the  Code of Virginia, a full body, or a full chassis, or a combination of these  parts. The vehicle shall resemble a vehicle of distinctive name, line-make,  model, or type as produced by a licensed manufacturer or manufacturer no longer  in business and is not a reconstructed or specially constructed vehicle.   Any vehicle registered as a replica vehicle shall meet emission requirements as  established for the model year of which the vehicle is a replica.
    "Sensitive mission vehicle" means any vehicle  which, for law enforcement or national security reasons, cannot be tested in  the public inspection system and must not be identified through the fleet  testing system. For such vehicles, an autonomous fleet testing system may be  established by agreement between the controlling agency and the director.
    "Span gas" means gases of known concentration used  as references to adjust or verify the accuracy of an exhaust gas analyzer that  are approved by the department and are so labeled.
    "Specially constructed vehicle" means any vehicle  that was not originally constructed under a distinctive name, make, model, or  type by a generally recognized manufacturer of vehicles and not a reconstructed  vehicle as defined in this section.
    "Standard conditions" means a temperature of 20°C  (68°F) and a pressure of 760 mm of Hg (29.92 inches of Hg).
    "Standardized instruments" means laboratory  instruments calibrated with precision gases traceable to the National Institute  of Standards and Technology and accepted by the department as the standards to  be used for comparison purposes. All candidate instruments are compared in  performance to the standardized instruments. 
    "Tactical military vehicle" means any motor vehicle  designed to military specifications or a commercially designed motor vehicle  modified to military specifications to meet direct transportation support of  combat, tactical, or military relief operations, or training of personnel for  such operations. 
    "Tampering" means to alter, remove or otherwise  disable or reduce the effectiveness of emissions control equipment on a motor  vehicle. 
    "Test" means an emissions inspection of a vehicle,  or any portion thereof, performed by an emissions inspector at an emissions  inspection station, using the procedures and provisions set forth in this  chapter. 
    "Test and repair" means motor vehicle emissions inspection  stations that perform emissions inspections and may also perform vehicle  repairs. No provision of this chapter shall bar emissions inspection stations  from also performing vehicle repairs. 
    "Thermostatic air cleaner" means a system that  supplies temperature-regulated air to the air intake system during engine  operation. 
    "True concentration" means the concentration of the  gases of interest as measured by a standardized instrument that has been  calibrated with 1.0% precision gases traceable to the National Bureau of  Standards. 
    "Two-speed idle test (TSI)" means a vehicle exhaust  emissions test, performed in accordance with section (II) of 40 CFR Part 51,  Appendix B to Subpart S, which measures the concentrations of pollutants in the  exhaust gases of an engine (i) while the motor vehicle transmission is not  propelling the vehicle and (ii) while the engine is operated at both curb idle  and at a nominal engine speed of 2,500 rpm. 
    "Vehicle specific power (VSP)" means an indicator  expressed as a function of vehicle speed, acceleration, drag coefficient, tire  rolling resistance and roadway grade that is used to characterize the load a  vehicle is operating under at the time and place a vehicle is measured by  remote sensing equipment. It is calculated using the following formula: 
    VSP = 4.39 x Sine (Site Grade in Degrees/57.3) x Speed + K1 
    x Speed x Acceleration + K2 x Speed + K3 x Speed3. 
    Where: 
    VSP = vehicle specific power indicator; 
    Sine = the trigonometric function that for an acute angle is  the ratio between the side opposite the angle when it is considered part of a  right triangle and the hypotenuse; 
    Site Grade in Degrees = slope of road where remote sensing  measurement is taken; 
    K1, K2 and K3 = empirically determined coefficients specific  to the weight class of the vehicle; 
    Speed = rate of motion in miles per hour of vehicle at the  time remote sensing measurement is taken; and 
    Acceleration = change in speed in miles per hour per second. 
    For light duty vehicles the values for K1, K2 and K3 are respectively  0.22, 0.0954 and 0.0000272. Based on EPA guidance, the department may develop  different values for K1, K2 and K3 that are applicable to heavy duty vehicles  or to specific classes of light duty vehicles. 
    "Virginia Motor Vehicle Emissions Control Program"  means the program for the inspection and control of motor vehicle emissions  established by Virginia Motor Vehicle Emissions Control Law. 
    "Virginia Motor Vehicle Emissions Control Law"  means Article 22 (§ 46.2-1176 et seq.) of Chapter 10 of Title 46.2 of the Code  of Virginia. 
    "Visible smoke" means any air pollutant, other than  visible water droplets, consisting of black, gray, blue or blue-black airborne  particulate matter emanating from the exhaust system or crankcase. Visible  smoke does not mean steam. 
    "Zero gas" means a gas, usually air or nitrogen,  which is used as a reference for establishing or verifying the zero point of an  exhaust gas analyzer. 
    VA.R. Doc. No. R09-1022; Filed November 3, 2008, 3:11 p.m. 
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Final Regulation
        REGISTRAR’S NOTICE:   The State Air Pollution Control Board is claiming an exemption from the  Administrative Process Act in accordance with § 2.2-4006 A 3, which  excludes regulations that consist only of changes in style or form or  corrections of technical errors.  The State Air Pollution Control Board will  receive, consider and respond to petitions by any interested person at any time  with respect to reconsideration or revision.
         Title of Regulation: 9VAC5-140. Regulation for  Emissions Trading Programs (amending 9VAC5-140-900, 9VAC5-140-920,  9VAC5-140-930).
    Statutory Authority: §§ 10.1-1308 and 10.1-1322.3  of the Code of Virginia; §§ 108, 109, 110 and 302 of the Clean Air Act;  40 CFR Part 51.
    Effective Date: December 31, 2008. 
    Agency Contact: Mary E. Major, Environmental Program  Manager, Department of Environmental Quality, P.O. Box 10009, Richmond, VA  23240, telephone (804) 698-4423, FAX (804) 698-4510, TTY (804) 698-4021, or  email mlmajor@deq.virginia.gov.
    Summary:
    The regulation establishes a NOx Budget Trading  Program (i.e., NOx SIP Call program) as a means of mitigating the  interstate transport of ozone and nitrogen oxides including the following  provisions: permitting allowance methodology, monitoring, banking, compliance supplement  pool, compliance determination and opt-in provisions for sources not covered by  the regulation.
    Beginning May 31, 2004, electric generating units with a  nameplate capacity greater than 25 MWe and nonelectric generating units above  250 mmBtu will be subject to the provisions of the regulation. NOx  emissions from subject units shall be subject to a specific limited budget  (measured in tons) during the summer months of May 1 through September 31,  otherwise know as the control period. The NOx budget shall be  determined through a methodology based upon emission rates multiplied by heat  input. If a unit does not use all of its allowances for a specific control  period, those extra tons may be banked for future use or sold. If a unit  exceeds the budget limit, additional allowances may be purchased or the source  may use banked allowances to offset the amount of NOx generated  above the budget limit.
    An allocation set-aside budget is available to accommodate  new sources that receive permits and commence operation after the distribution  to the qualifying units (those in operation at least two years before the  distribution date).
    On May 12, 2005 (70 FR 25162), EPA published the final  Clean Air Interstate Rule (CAIR), designed to reduce the interstate transport of  sulfur dioxide (SO2) and nitrogen oxides (NOx) across the  eastern portion of the United States and help states and localities attain the  eight-hour ozone and fine particles (PM2.5) standards. In essence,  this program was intended to replace the seasonal NOx SIP Call program as well  as create an annual trading program for NOx and SO2  starting in 2009.
    On July 11, 2008, a three-member panel of the U.S. Court of  Appeals for the D.C. Circuit vacated the entire EPA CAIR regulation. In the  absence of the EPA regulation, § 10.1-1328 of the Code of Virginia does not  provide a legal basis for a state CAIR regulation (Parts II, III and IV of this  regulation), which is based upon the federal regulation; thus, state CAIR  regulation cannot be implemented.
    The NOx SIP Call program is still in effect and  can be used to help the Commonwealth meet its obligation to reduce the  transport of upwind NOx emissions to downwind states. In reviewing  the NOx SIP Call regulation it was determined that regulatory  language inadvertently ended the state budget in 2008.
    To rectify this oversight, NOx Trading Budgets  for both EGU and non-EGU sources have been extended beyond 2008; however, the  size of the NOx Trading Budgets remain unchanged.
    Article 10 
  State Trading Program Budget and Compliance Supplement Pool 
    9VAC5-140-900. State trading program budget. 
    For use in each control period for the years 2004 through  2008 year 2004 and each year thereafter, the total number of NOx  tons apportioned to all NOx Budget units is the sum of the NOx  tons apportioned under 9VAC5-140-920 and 9VAC5-140-930. 
    9VAC5-140-920. Total electric generating unit allocations.
    A. For use in each control period for the years 2004  through 2008, the total number of NOx tons apportioned to all NOx  Budget units under 9VAC5-140-40 A 1 is the number of NOx tons  specified for EGUs for the Commonwealth of Virginia in Appendix C to 40 CFR  Part 97. 
    B. For use in each control period for the year 2009 and  each year thereafter, the total number of NOx tons apportioned to  all NOx Budget units under 9VAC5-140-40 A 1 is 17,091.
    9VAC5-140-930. Total nonelectric generating unit allocations.
    A. For use in each control period for the years 2004  through 2008, the total number of NOx tons apportioned to all NOx  Budget units under 9VAC5-140-40 A 2 is 4,104. 
    B. For use in each control period for the year 2009 and  each year thereafter, the total number of NOx tons apportioned to  all NOx Budget units under 9VAC5-140-40 A 2 is 4,104.
    VA.R. Doc. No. R09-1517; Filed November 3, 2008, 3:11 p.m. 
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Final Regulation
        REGISTRAR'S NOTICE: The  following regulatory actions are exempt from the Administrative Process Act in  accordance with § 2.2-4006 A 4 c of the Code of Virginia, which excludes  regulations that are necessary to meet the requirements of federal law or  regulations, provided such regulations do not differ materially from those  required by federal law or regulation. The State Air Pollution Control Board  will receive, consider and respond to petitions by any interested person at any  time with respect to reconsideration or revision.
         Title of Regulation: 9VAC5-151. Regulation for  Transportation Conformity (amending 9VAC5-151-10, 9VAC5-151-20, 9VAC5-151-40,  9VAC5-151-70; repealing 9VAC5-151-61). 
    Statutory Authority: § 10.1-1308 of the Code of  Virginia; § 176(c) of the federal Clean Air Act.
    Effective Date: December 31, 2008. 
    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  memajor@deq.virginia.gov.
    Summary:
    This regulation requires that transportation plans,  programs, and projects conform to state air quality implementation plans and  establishes the criteria and procedures for determining whether or not they do.  Conformity to a SIP means that transportation activities will not produce new  air quality violations, worsen existing violations, or delay timely attainment  of the national ambient air quality standards. In particular, 9VAC5-151-70  outlines specifically how the various government agencies, federal, state and  local, will interact and consult with each other and the public in developing  transportation plans and projects.
    The amendments to the existing regulation include: updating  several definitions (9VAC5-151-10); updating applicability provisions to ensure  conformity determinations are consistent with federal requirements  (9VAC5-151-20); updating provisions incorporated by reference to reflect 2008  CFR (9VAC5-151-40); repealing certain exemption provisions (9VAC5-151-61); and  amending the consultation provisions to remove reference to the unified work  plans (9VAC5-151-70).
    Part I
  General Definitions
    9VAC5-151-10. Definitions.
    A. For the purpose of this chapter and subsequent amendments  or any orders issued by the board, the words or terms shall have the meanings  given them in this section. 
    B. Unless specifically defined in the Virginia Air Pollution  Control Law or in this chapter, terms used shall have the meanings given them  by the federal Clean Air Act, Titles 23 and 49 of the United States Code, 40  CFR 93.101, other U.S. Environmental Protection Agency regulations, other USDOT  regulations, 9VAC5-170-20 (definitions, Regulation for General Administration),  or commonly ascribed to them by recognized authorities, in that order of  priority. 
    C. Terms defined. 
    "Ambient air" means that portion of the atmosphere,  external to buildings, to which the general public has access. 
    "Applicable implementation plan" or  "implementation plan" means, as defined in § 302(q) of the federal  Clean Air Act, the portion (or portions) of the implementation plan, or most  recent revision thereof, which has been approved under § 110, or promulgated  under § 110(c), or promulgated or approved pursuant to regulations promulgated  under § 301(d) and which implements the relevant requirements of the federal  Clean Air Act.
    "Board" means the State Air Pollution Control Board  or its designated representative.
    "Control strategy implementation plan revision"  means the implementation plan that contains specific strategies for controlling  the emissions of and reducing ambient levels of pollutants in order to satisfy  the federal Clean Air Act requirements for demonstrations of reasonable further  progress and attainment (including implementation plan revisions submitted to  satisfy §§ 172(c), 182(b)(1), 182(c)(2)(A), 182(c)(2)(B), 187(a)(7), 187(g),  189(a)(1)(B), 189(b)(1)(A), and 189(d); §§ 192(a) and 192(b), for nitrogen  dioxide; and any other applicable provision of the federal Clean Air Act  requiring a demonstration of reasonable further progress or attainment). 
    "Criteria pollutant" means any pollutant for which  a national ambient air quality standard is established in 40 CFR Part 50. 
    "DEQ" means any employee or other representative of  the Virginia Department of Environmental Quality, as designated by the  director. 
    "DEQ Director" means the director of the Virginia  Department of Environmental Quality or a designated representative. 
    "Donut areas" means geographic areas outside a  metropolitan planning area boundary, but inside the boundary of a nonattainment  or maintenance area that contains any part of one or more metropolitan areas.  These areas are not isolated rural nonattainment and maintenance areas. 
    "Emergency" means a situation that immediately and  unreasonably affects, or has the potential to immediately and unreasonably  affect, public health, safety, or welfare; the health of animal or plant life;  or property, whether used for recreational, commercial, industrial,  agricultural or other reasonable use. 
    "EPA" means the U.S. Environmental Protection  Agency. 
    "Federal Clean Air Act" means 42 USC § 7401 et  seq. Chapter 85 (§ 7401 et seq.) of Title 42 of the United States Code.
    "FHWA" means the Federal Highway Administration of  U.S. Department of Transportation (USDOT). 
    "FHWA/FTA project" means any highway or transit  project that is proposed to receive funding assistance and approval through the  Federal-Aid Highway Program or the federal mass transit program, or requires  FHWA or FTA approval for some aspect of the project, such as connection to an interstate  highway or deviation from applicable design standards on the interstate system.  
    "FTA" means the Federal Transit Administration of  USDOT. 
    "Highway project" means an undertaking to implement  or modify a highway facility or highway-related program. Such an undertaking  consists of all required phases necessary for implementation. For analytical  purposes, it must be defined sufficiently to: 
    1. Connect logical termini and be of sufficient length to  address environmental matters on a broad scope; 
    2. Have independent utility or significance, i.e., be usable  and be a reasonable expenditure even if no additional transportation  improvements in the area are made; and 
    3. Not restrict consideration of alternatives for other  reasonably foreseeable transportation improvements. 
    "Isolated rural nonattainment and maintenance  areas" means areas that do not contain or are not part of any metropolitan  planning area as designated under the transportation planning regulations.  Isolated rural areas do not have federally required metropolitan transportation  plans or TIPs and do not have projects that are part of the emissions analysis  of any MPO's metropolitan transportation plan or TIP. Projects in such areas  are instead included in statewide transportation improvements programs. These  areas are not donut areas. 
    "LPO" or "Lead Planning Organization"  means the organization certified by the state as being responsible for the  preparation of control strategy implementation plan revisions for nonattainment  areas under § 174 of the federal Clean Air Act. The organization includes  elected officials of local governments in the affected nonattainment area, and  representatives of DEQ, VDOT, the MPO(s) for the affected area, and other  agencies and organizations that have responsibilities for developing,  submitting or implementing any of the plan revisions. It is the forum for  cooperative air quality planning decisionmaking. 
    "Maintenance area" means any geographic region of  the United States previously designated nonattainment under § 107 of the  federal Clean Air Act and subsequently redesignated to attainment subject to  the requirement to develop a maintenance plan. 
    "Maintenance plan" means a revision to the  applicable implementation plan, meeting the requirements of § 175A of the  federal Clean Air Act. 
    "MPO" or "Metropolitan Planning  Organization" means the organization designated as being responsible,  together with the state, for conducting the continuing, cooperative, and  comprehensive planning process under 23 USC § 134 and 49 USC § 5303 created  as a result of the designation process in 23 USC § 134(d). It is the  forum for cooperative transportation decision-making. 
    "NEPA" means the National Environmental Policy Act  of 1969 as amended (42 USC § 4321 et seq.) 
    "NEPA process completion" means, with respect to  FHWA or FTA, the point at which there is a specific action to make a  determination that a project is categorically excluded, to make a Finding of No  Significant Impact, or to issue a record of decision on a Final Environmental  Impact Statement under NEPA. 
    "Nonattainment area" means any geographic region of  the United States that has been designated as nonattainment under § 107 of the  federal Clean Air Act for any pollutant for which a national ambient air quality  standard exists. 
    "PM10" means particulate matter with an  aerodynamic diameter less than or equal to a nominal 10 micrometers as measured  by the applicable reference method or an equivalent method. 
    "Project" means a highway project or transit  project. 
    "Recipient of funds designated under Title 23 USC or the  Federal Transit Laws" means any agency at any level of state, county,  city, or regional government that routinely receives Title 23 USC or Federal  Transit Laws funds to construct FHWA/FTA projects, operate FHWA/FTA projects or  equipment, purchase equipment, or undertake other services or operations via  contracts or agreements. This definition does not include private landowners or  developers, or contractors or entities that are only paid for services or  products created by their own employees. 
    "Regionally significant project" means a  transportation project (other than an exempt project) that is on a facility  that serves regional transportation needs (such as access to and from the area  outside of the region, major activity centers in the region, major planned  developments such as new retail malls, sports complexes, etc., or  transportation terminals as well as most terminals themselves) and would normally  be included in the modeling of a metropolitan area's transportation network,  including at a minimum all principal arterial highways and all fixed guideway  transit facilities that offer an alternative to regional highway travel. 
    "TCM" or "transportation control measure"  means any measure that is specifically identified and committed to in the  applicable implementation plan, including a substitute or additional TCM  that is incorporated into the applicable implementation plan through the  process established in § 176 (c)(8) of the federal Clean Air Act, that is  either one of the types listed in § 108 of the federal Clean Air Act, or any  other measure for the purpose of reducing emissions or concentrations of air  pollutants from transportation sources by reducing vehicle use or changing  traffic flow or congestion conditions. Notwithstanding the first sentence of  this definition, vehicle technology-based, fuel-based, and maintenance-based  measures that control the emissions from vehicles under fixed traffic  conditions are not TCMs for the purposes of this chapter. 
    "TIP" or "transportation improvement  program" means a staged, multiyear, intermodal program of  transportation projects covering a metropolitan planning area that is  consistent with the metropolitan transportation plan, and developed pursuant to  23 CFR Part 450 transportation improvement program developed by a  metropolitan planning organization under 23 USC § 134(j). 
    "Transit" means mass transportation by bus, rail,  or other conveyance that provides general or special service to the public on a  regular and continuing basis. It does not include school buses or charter or  sightseeing services. 
    "Transit project" means an undertaking to implement  or modify a transit facility or transit-related program; purchase transit  vehicles or equipment; or provide financial assistance for transit operations.  It does not include actions that are solely within the jurisdiction of local  transit agencies, such as changes in routes, schedules, or fares. It may  consist of several phases. For analytical purposes, it must be defined  inclusively enough to: 
    1. Connect logical termini and be of sufficient length to  address environmental matters on a broad scope; 
    2. Have independent utility or independent significance, i.e.,  be a reasonable expenditure even if no additional transportation improvements  in the area are made; and 
    3. Not restrict consideration of alternatives for other  reasonably foreseeable transportation improvements. 
    "Transportation plan" means the official intermodal  metropolitan transportation plan that is developed through the metropolitan  planning process for the metropolitan planning area, developed pursuant to 23  CFR Part 450. 
    "Transportation project" means a highway project or  a transit project. 
    "USDOT" means the U.S. Department of  Transportation. 
    "VDOT" means the Virginia Department of  Transportation. 
    "VDRPT" means the Virginia Department of Rail and  Public Transportation. 
    "Welfare" means that language referring to effects  on welfare includes, but is not limited to, effects on soils, water, crops,  vegetation, manmade materials, animals, wildlife, weather, visibility and  climate, damage to and deterioration of property, and hazards to  transportation, as well as effects on economic values and on personal comfort  and well-being. 
    Part II
  General Provisions 
    9VAC5-151-20. Applicability. 
    A. The provisions of this chapter shall apply to the  following actions: 
    1. Except as provided for in subsection C of this section or  40 CFR 93.126, conformity determinations are required for: 
    a. The adoption, acceptance, approval or support of  transportation plans and transportation plan amendments developed pursuant to  23 CFR Part 450 or 49 CFR Part 613 by a MPO or USDOT; 
    b. The adoption, acceptance, approval or support of TIPs and  TIP amendments developed pursuant to 23 CFR Part 450 or 49 CFR Part 613 by a  MPO or USDOT; and 
    c. The approval, funding, or implementation of FHWA/FTA  projects. 
    2. Conformity determinations are not required under this  chapter for individual projects that are not FHWA/FTA projects. However, 40 CFR  93.121 applies to the projects if they are regionally significant. 
    3. This chapter shall apply to conformity determinations for  which the final decision is made on or after the program approval date. For  purposes of applying this subdivision, the program approval date of the  regulation adopted by the board on March 26, 2007, shall be the date 30 days  after the date on which a notice is published in the Virginia Register  acknowledging that the administrator has approved the regulation adopted by the  board on March 26, 2007. 
    B. The provisions of this chapter shall apply in all  nonattainment and maintenance areas for transportation-related criteria  pollutants for which the area is designated nonattainment or has a maintenance  plan. 
    1. The provisions of this chapter apply with respect to  emissions of the following criteria pollutants: ozone, carbon monoxide (CO),  nitrogen dioxide (NO2), particles with an aerodynamic diameter less  than or equal to a nominal 10 micrometers (PM10); and particles with  an aerodynamic diameter less than or equal to a nominal 2.5 micrometers (PM2.5).  
    2. The provisions of this chapter also apply with respect to  emissions of the following precursor pollutants: 
    a. Volatile organic compounds (VOCs) and nitrogen oxides (NOX)  in ozone areas; 
    b. NOX in nitrogen dioxide areas; 
    c. VOCs or NOX or both, in PM10 areas: 
    (1) If the EPA Regional Administrator or the DEQ Director has  made a finding that transportation-related emissions of one or both of these  precursors within the nonattainment area are a significant contributor to the  PM10 nonattainment problem and has so notified the MPO and USDOT; or  
    (2) If the applicable implementation plan (or implementation  plan submission) establishes an approved (or adequate) budget for such  emissions as part of the reasonable further progress, attainment or maintenance  strategy; 
    d. NOX in PM2.5 areas: 
    (1) Unless both the EPA Regional Administrator and the DEQ  Director have made a finding that transportation-related emissions of NOX  within the nonattainment area are not a significant contributor to the PM2.5  nonattainment problem and have so notified the MPO and USDOT, or 
    (2) The applicable implementation plan (or implementation plan  submission) does not establish an approved (or adequate) budget for such  emissions as part of the reasonable further progress, attainment or maintenance  strategy; and 
    e. VOC, sulfur oxides (SOX) sulfur  dioxide (S02) and/or ammonia (NH3) in PM2.5  areas either: 
    (1) If the EPA Regional Administrator or the DEQ Director has  made a finding that transportation-related emissions of any of these precursors  within the nonattainment area are a significant contributor to the PM2.5  nonattainment problem and has so notified the MPO and USDOT, or 
    (2) If the applicable implementation plan (or implementation  plan submission) establishes an approved (or adequate) budget for such  emissions as part of the reasonable further progress, attainment or maintenance  strategy. 
    3. The provisions of this chapter apply to PM2.5  nonattainment and maintenance areas with respect to PM2.5 from  re-entrained road dust if the EPA Regional Administrator or the DEQ Director  has made a finding that re-entrained road dust emissions within the area are a significant  contributor to the PM2.5 nonattainment problem and has so notified  the MPO and USDOT, or if the applicable implementation plan (or implementation  plan submission) includes re-entrained road dust in the approved (or adequate)  budget as part of the reasonable further progress, attainment or maintenance  strategy. Re-entrained road dust emissions are produced by travel on paved and  unpaved roads (including emissions from anti-skid and deicing materials). 
    4. The provisions of this chapter apply to maintenance areas for  20 years from the date EPA approves the area's request under § 107(d) of the  federal Clean Air Act for redesignation to attainment, through the last  year of the area's maintenance plan approved under § 175A(b) of the federal  Clean Air Act, unless the applicable implementation plan specifies that the  provisions of this chapter shall apply for more than 20 years. 
    C. In order to receive any FHWA/FTA approved or funding  actions, including NEPA approvals, for a project phase subject to this chapter,  a currently conforming transportation plan and TIP must be in place at the time  of project approval as described in 40 CFR 93.114, except as provided by 40 CFR  93.114(b). 
    D. For areas or portions of areas that have been continuously  designated attainment or not designated for any National Ambient Air Quality  Standard for ozone, CO, PM10, PM2.5 or NO2  since 1990 and are subsequently redesignated to nonattainment or designated  nonattainment for any National Ambient Air Quality Standard for any of these  pollutants, the provisions of this chapter shall not apply with respect to that  National Ambient Air Quality Standard for 12 months following the effective  date of final designation to nonattainment for each National Ambient Air  Quality Standard for such pollutant. 
    Part III
  Criteria And Procedures For Making Conformity Determinations 
    9VAC5-151-40. General. 
    The Environmental Protection Agency (EPA) regulations  promulgated at 40 CFR Part 93, Subpart A (Conformity to State or Federal  Implementation Plans of Transportation Plans, Programs, and Projects Developed,  Funded or Approved Under Title 23 USC or the Federal Transit Laws) and  designated in 9VAC5-151-50 are , unless indicated otherwise in 9VAC5-151-61,  incorporated by reference into this chapter as amended by the word or phrase  substitutions given in 9VAC5-151-60. The 40 CFR section numbers appearing in  9VAC5-151-50 identify the specific provisions incorporated by reference. The  specific version of the provisions incorporated by reference shall be that  contained in the CFR (2006) (2008) in effect July 1, 2006 July  1, 2008. 
    9VAC5-151-61. Exceptions to the designated provisions  incorporated by reference. (Repealed.)
    A. For purposes of incorporation by reference under  9VAC5-151-40, the following provision shall not be included: 40 CFR  93.109(e)(2)(v). 
    B. For purposes of incorporation by reference under  9VAC5-151-40, 40 CFR 93.109(e)(2) is amended to read as follows: "(2)  Prior to paragraph (e)(1) of this section applying, the following test(s) must  be satisfied:". 
    9VAC5-151-70. Consultation. 
    A. The MPOs, LPOs, DEQ, VDOT and VDRPT shall undertake the  procedures prescribed in this section for interagency consultation, conflict  resolution and public consultation with each other and with local or regional  offices of EPA, FHWA, and FTA on the development of control strategy  implementation plan revisions, the list of TCMs in the applicable  implementation plan, the unified planning work program under 23 CFR 450.314,  transportation plans, TIPs, and associated conformity determinations required  by this chapter. 
    B. Until EPA grants approval of this chapter, the MPOs, and  VDOT and VDRPT, prior to making conformity determinations, shall provide  reasonable opportunity for consultation with LPOs, DEQ and EPA on the issues in  subdivision D 1 of this section. 
    C. The provisions of this subsection shall be followed with  regard to general factors associated with interagency consultation. 
    1. Representatives of the MPOs, VDOT, VDRPT, FHWA, and FTA  shall undertake an interagency consultation process, in accordance with  subdivisions 1 and 3 of this subsection and subsection D of this section, with  the LPOs, DEQ and EPA on the development of the unified planning work  program under 23 CFR 450.314 implementation plans, transportation  plans, TIPs, any revisions to the preceding documents, and associated  conformity determinations. 
    a. MPOs, or their designee, shall be the lead agencies  responsible for preparing the final document or decision and for assuring the  adequacy of the interagency consultation process with respect to the  development of the unified planning work program under 23 CFR 450.314,  the transportation plan, the TIP, and any amendments or revisions thereto. In  the case of nonmetropolitan areas, VDOT shall be the lead agency responsible  for preparing the final document or decision and for assuring the adequacy of  the interagency consultation process with respect to the development of the  statewide transportation plan, the statewide TIP, and any amendments or  revisions thereto. The MPOs shall be the lead agencies responsible for  preparing the final document or decision and for assuring the adequacy of the  interagency consultation process with respect to any determinations of  conformity under this chapter for which the MPO is responsible. 
    b. It shall be the affirmative responsibility of the lead  agency to initiate the process by notifying other participants, convene  meetings, assure that all relevant documents and information are supplied to  all participants in the consultation process in a timely manner, prepare  summaries of consultation meetings, maintain a written record of the  consultation process, provide final documents and supporting information to  each agency after approval or adoption, and to assure the adequacy of the  interagency consultation process with respect to the subject document or  decision. 
    c. Regular consultation on major activities (such as the  development of a transportation plan, the development of a TIP, or any  determination of conformity on transportation plans or TIPs) shall include  meetings beginning on a date determined by the lead agency to be adequate to  meet the date a final document is required and continuing at frequency mutually  determined by the affected agencies. In addition, technical meetings shall be  convened as necessary. 
    d. Each lead agency in the consultation process shall confer  with all other agencies identified under subdivision 1 of this subsection with  an interest in the document to be developed, provide all information to those  agencies needed for meaningful input, solicit early and continuing input from  those agencies, and prior to taking any action, consider the views of each  agency and respond to those views in a timely, substantive written manner prior  to any final decision on the documents. The views and written responses shall  be made part of the record of any decision or action. 
    e. It shall be the responsibility of each agency specified in  subdivision 1 of this subsection, when not fulfilling the responsibilities of  lead agency, to confer with the lead agency and other participants in the  consultation process, review and comment as appropriate (including comments in  writing) on all proposed and final documents and decisions in a timely manner,  attend consultation and decision meetings, provide input on any area of  substantive expertise or responsibility, and provide technical assistance to  the lead agency or to the consultation process when requested. 
    2. Representatives of the LPOs, DEQ, and EPA shall undertake  an interagency consultation process, in accordance with this subdivision and  subdivision 3 of this subsection, with MPOs, VDOT, VDRPT, FHWA, and FTA on the  development of control strategy implementation plan revisions, the list of TCMs  in the applicable implementation plan, and any revisions to the preceding  documents. 
    a. The DEQ, in conjunction with the LPOs, shall be the lead  agency responsible for preparing the final document or decision and for  assuring the adequacy of the interagency consultation process with respect to  the development of control strategy implementation plan revisions, the credits  associated with the list of TCMs in the applicable implementation plan, and any  amendments or revisions thereto. 
    b. It shall be the affirmative responsibility of the lead  agency to initiate the process by notifying other participants, convene  meetings, assure that all relevant documents and information are supplied to  all participants in the consultation process in a timely manner, prepare  minutes of consultation meetings, maintain a written record of the consultation  process, provide final documents and supporting information to each agency  after approval or adoption, and to assure the adequacy of the interagency  consultation process with respect to the subject document or decision. 
    c. Regular consultation on the development of any control  strategy implementation plan revision shall include meetings beginning on a  date determined by the lead agency to be adequate to meet the date a final  document is required and continuing at frequency mutually determined by the  affected agencies. In addition, technical meetings shall be convened as  necessary. 
    d. Each lead agency in the consultation process shall confer  with all other agencies identified under subdivision 1 of this subsection with  an interest in the document to be developed, provide all information to those  agencies needed for meaningful input, solicit early and continuing input from those  agencies, and prior to taking any action, consider the views of each agency and  respond to those views in a timely, substantive written manner prior to any  final decision on the documents. The views and written responses shall be made  part of the record of any decision or action. 
    e. It shall be the responsibility of each agency specified in  subdivision 1 of this subsection, when not fulfilling the responsibilities of  lead agency, to confer with the lead agency and other participants in the  consultation process, review and comment as appropriate (including comments in  writing) on all proposed and final documents and decisions in a timely manner,  attend consultation and decision meetings, provide input on any area of  substantive expertise or responsibility, and provide technical assistance to  the lead agency or to the consultation process when requested. 
    3. The specific roles and responsibilities of various  participants in the interagency consultation process shall be as follows: 
    a. The MPOs shall be responsible for the following: 
    (1) Developing metropolitan transportation plans and TIPs in  accordance with 23 CFR Part 450 and 49 CFR Part 613 and the Safe, Accountable,  Flexible, Efficient, Transportation Equity Act: A Legacy for Users (Public Law  No. 109-59). 
    (2) Adopting conformity determinations in conjunction with the  adoption of transportation plans and TIPs and any revisions to the documents. 
    (3) In cooperation with VDOT, with assistance from VDRPT: 
    (a) Developing conformity assessments and associated  documentation. 
    (b) Evaluating potential TCM projects and impacts. 
    (c) (i) Developing or approving transportation and related  socio-economic data and planning assumptions, or both, and (ii) providing the  data and assumptions for use in air quality analysis for SIP implementation  plan tracking and conformity of transportation plans, TIPs and projects. 
    (d) Monitoring regionally significant projects. 
    (e) Providing technical and policy input into the development  of emissions budgets. 
    (f) Assuring the proper completion of transportation modeling,  regional emissions analyses and documentation of timely implementation of TCMs  needed for conformity assessments. 
    (g) Involving the DEQ and LPOs continuously in the process. 
    (h) Consulting with FHWA and FTA on (i) timely action on final  findings of conformity, after consultation with other agencies as provided in  this section; and (ii) guidance on conformity and the transportation planning  process to agencies in interagency consultation. 
    (i) Consulting with EPA on (i) review and approval of updated  motor vehicle emissions factors, emission inventories and budgets; and (ii)  guidance on conformity criteria and procedures to the agencies involved in the  interagency consultation process. 
    b. The VDOT, with assistance from the VDRPT, shall be  responsible for the following: 
    (1) Developing statewide transportation plans and statewide  TIPs. 
    (2) Providing demand forecasting and on-road mobile source  emission inventories. 
    (3) Circulating draft and final project environmental  documents to other agencies. 
    (4) Convening air quality technical review meetings on  specific projects as needed or when requested by other agencies. 
    (5) In cooperation with the MPOs: 
    (a) Developing conformity assessments and associated  documentation. 
    (b) Evaluating potential TCM projects and impacts. 
    (c) (i) Developing or approving transportation and related  planning assumptions, or both, and (ii) providing the data and assumptions for  use in air quality analysis for SIP implementation plan tracking  and conformity of transportation plans, TIPs and projects. 
    (d) Monitoring regionally significant projects. 
    (e) Providing technical and policy input into the development  of emissions budgets. 
    (f) Assuring the proper completion of transportation modeling,  regional emissions analyses and documentation of timely implementation of TCMs  need for conformity assessments. 
    (g) Involving the DEQ and LPOs continuously in the process. 
    (h) Consulting with FHWA and FTA on (i) timely action on final  findings of conformity, after consultation with other agencies as provided in  this section; and (ii) guidance on conformity and the transportation planning  process to agencies in interagency consultation. 
    (i) Consulting with EPA on (i) review and approval of updated  motor vehicle emissions factors, emission inventories and budgets; and (ii)  guidance on conformity criteria and procedures to the agencies involved in the  interagency consultation process. 
    c. The LPOs shall be responsible for the following: 
    (1) Developing emissions inventories and budgets. 
    (2) Developing control strategy implementation plan revisions  and maintenance plans. 
    (3) Providing a staff liaison to the MPOs for conformity and  to be responsive to MPO requests for information and technical guidance. 
    (4) Involving the MPOs, VDOT AND VDRPT continuously in the  process. 
    d. The DEQ shall be responsible for the following: 
    (1) Developing emissions inventories and budgets. 
    (2) Tracking attainment of air quality standards, and emission  factor model updates. 
    (3) Gaining final approval at state level for control strategy  implementation plan revisions and maintenance plans. 
    (4) Providing a staff liaison to the LPOs for conformity and  to be responsive to LPO requests for information and technical guidance. 
    (5) Involving the LPOs continuously in the process. 
    e. The FHWA and FTA shall be responsible for the following: 
    (1) Assuring timely action on final findings of conformity,  after consultation with other agencies as provided in this section. 
    (2) Providing guidance on conformity and the transportation  planning process to agencies in interagency consultation. 
    f. The EPA shall be responsible for the following: 
    (1) Reviewing and approving updated motor vehicle emissions  factors. 
    (2) Providing guidance on conformity criteria and procedures  to agencies in interagency consultation. 
    (3) Assuring timely action on conformity analysis and findings  and SIP implementation plan revisions. 
    4. The MPOs, LPOs, DEQ, VDOT and VDRPT may enter into  agreements to set forth specific consultation procedures in more detail that  are not in conflict with this section. 
    D. The provisions of this subsection shall be followed with  regard to specific processes associated with interagency consultation. 
    1. An interagency consultation process involving the MPOs,  LPOs, DEQ, VDOT, VDRPT, EPA, FHWA, and FTA shall be undertaken for the  following: 
    a. Evaluating and choosing each model (or models) and  associated methods and assumptions to be used in hot-spot analyses and regional  emission analyses, including vehicle miles traveled (VMT) forecasting, to be  initiated by VDOT, in consultation with the MPOs, and conducted in accordance  with subdivisions C 1 and 3 of this section. 
    b. Determining which transportation projects should be  considered "regionally significant" for the purpose of regional  emission analysis (in addition to those functionally classified as principal  arterial or higher; or fixed guideway systems or extensions that offer an  alternative to regional highway travel), and which projects should be  considered to have a significant change in design concept and scope from the  transportation plan or TIP, to be initiated by VDOT, in consultation with the  MPOs, and conducted in accordance with subdivisions C 1 and 3 of this section. 
    c. Evaluating whether projects otherwise exempted from meeting  the requirements of 40 CFR 93.126 and 40 CFR 93.127 should be treated as  nonexempt in cases where potential adverse emissions impacts may exist for any  reason, to be initiated by VDOT, in consultation with the MPOs, and conducted  in accordance with subdivisions C 1 and 3 of this section. 
    d. Making a determination, as required by 40 CFR 93.113(c)(1),  whether past obstacles to implementation of TCMs that are behind the schedule  established in the applicable implementation plan have been identified and are  being overcome, and whether state and local agencies with influence over  approvals or funding for TCMs are giving maximum priority to approval or  funding for TCMs, to be initiated by VDOT as lead agency, in consultation with  the MPOs and VDRPT, and conducted in accordance with subdivisions C 1 and 3 of  this section. This consultation process shall also consider whether delays in  TCM implementation necessitate revisions to the applicable implementation plan  to remove TCMs or substitute TCMs or other emission reduction measures. 
    e. Notifying all parties to the consultation process of  transportation plan or TIP revisions or amendments that merely add or  delete exempt projects listed in 40 CFR 93.126 or 40 CFR 93.127, to be  initiated by VDOT in consultation with the MPOs, and conducted in accordance  with subdivisions C 1 and 3 of this section. 
    f. Choosing conformity tests and methodologies for isolated  rural nonattainment and maintenance areas, as required by 40 CFR  93.109(l)(2)(iii), to be initiated by VDOT, in consultation with the MPOs, and  in accordance with subdivisions C 1 and 3 of this section. 
    g. Determining what forecast of vehicle miles traveled (VMT)  to use in establishing or tracking emissions budgets, developing transportation  plans, TIPs, or control strategy implementation plan revisions, or making  conformity determinations, to be initiated by VDOT, in consultation with the  MPOs, and in accordance with subdivisions C 1 and 3 of this section. 
    2. An interagency consultation process in accordance with  subsection C of this section involving the MPOs, LPOs, DEQ, VDOT, and VDRPT  shall be undertaken for the following: 
    a. Evaluating events that may trigger new conformity  determinations in addition to those triggering events established by 40 CFR  93.104, to be initiated by VDOT, in consultation with the MPOs and DEQ, and  conducted in accordance with subdivisions C 1 and 3 of this section. 
    b. Consulting on emissions analysis for transportation  activities that cross the borders of MPOs or nonattainment areas, to be  initiated by VDOT in consultation with the MPOs, and conducted in accordance  with subdivisions C 1 and 3 of this section. 
    3. Where the metropolitan planning area does not include the  entire nonattainment or maintenance area, an interagency consultation process  in accordance with subdivisions C 1 and 3 of this section involving the MPOs  and VDOT shall be undertaken for cooperative planning and analysis for purposes  of determining conformity of all projects outside the metropolitan area and  within the nonattainment or maintenance area, to be initiated by VDOT, in  consultation with the MPOs, and in accordance with subdivisions C 1 and 3 of  this section. 
    4. To assure that plans for construction of regionally  significant projects that are not FHWA or FTA projects (including projects for  which alternative locations, design concept and scope, or the no-build option  are still being considered), including all those by recipients of funds  designated under Title 23 USC or the Federal Transit Act, are disclosed to the  MPO on a regular basis, and to assure that any changes to those plans are  immediately disclosed, an interagency consultation process shall be undertaken,  to be initiated by the MPO, in consultation with VDOT, and conducted in  accordance with subdivisions C 1 and 3 of this section involving the MPO, VDOT,  VDRPT, and recipients of funds designated under Title 23 USC or the Federal  Transit Act. 
    5. An interagency consultation process in accordance with  subsections C 1 and 3 of this section involving the MPOs and other recipients  of funds designated under Title 23 USC or the Federal Transit Act shall be  undertaken for developing assumptions regarding the location and design concept  and scope of projects that are disclosed to the MPO as required by subdivision  4 of this subsection but whose sponsors have not yet decided these features in  sufficient detail to perform the regional emissions analysis according to the  requirements of 40 CFR 93.122, to be initiated by the MPO, in consultation with  VDOT, and conducted in accordance with subdivisions C 1 and 3 of this section. 
    6. An interagency consultation process in accordance with  subdivisions C 1 and 3 of this section shall be undertaken for the design,  schedule, and funding of research and data collection efforts and model  developments in regional transportation (such as household or travel  transportation surveys) to be initiated by the MPO, in consultation with VDOT,  and conducted in accordance with subdivisions C 1 and 3 of this section. 
    E. The provisions of this subsection shall be followed with  regard to conflict resolution associated with interagency consultation. 
    1. Unresolved conflicts among state agencies, or between state  agencies and the MPO(s), or among MPO member jurisdictions, shall be identified  by an MPO or agency in writing to the other MPO, DEQ, VDOT, or VDRPT, with  copies to FHWA, FTA and EPA. The MPO's or agency's written notice shall: 
    a. Explain the nature of the conflict; 
    b. Review options for resolving the conflict; 
    c. Describe the MPO's or agency's proposal to resolve the  conflict; 
    d. Explain the consequences of not reaching a resolution; and 
    e. Request that comments on the matter be received within two  weeks. 
    2. If the above action does not result in a resolution to the  conflict, either of the following shall apply: 
    a. If the conflict is between the MPOs or between the MPO(s)  and VDOT or VDRPT or both, then the parties shall follow the coordination  procedures of 23 CFR 450.210. 
    b. If the conflict is between the MPO(s) or VDOT or VDRPT and  the DEQ and the conflict can not be resolved by the affected agency heads, then  the DEQ Director may elevate the conflict to the Governor in accordance with  the procedures of subdivision 3 of this section. If the DEQ Director does not  appeal to the Governor within 14 days as provided in subdivision 3 a of this  subsection, the MPO or VDOT or VDRPT may proceed with its final conformity  determination. 
    3. Appeals to the Governor by the DEQ Director under the  provisions of subdivision 2 b of this subsection shall be in accordance with  the following procedures: 
    a. The DEQ Director has 14 calendar days to appeal to the  Governor after the MPO(s) or VDOT or VDRPT has notified the DEQ Director of the  agency's or MPO's resolution of DEQ's comments. The notification to the DEQ  Director shall be in writing and shall be hand-delivered. The 14-day clock  shall commence when VDOT or VDRPT or the MPO has confirmed receipt by the DEQ  Director of the agency's or MPO's resolution of the DEQ's comments. 
    b. The appeal to the Governor shall consist of the following:  the conformity determination and any supporting documentation; DEQ's comments  on the determination; the MPO(s) or VDOT or VDRPT resolution of DEQ's comments;  and DEQ's appeal document. 
    c. The DEQ shall provide a complete appeal package to the MPO,  VDOT and VDRPT within 24 hours of the time the appeal is filed with the  Governor's Office. 
    d. If the Governor does not concur with the conformity  determination, he may direct revision of the applicable implementation plan,  revision of the planned program of projects, revision of the conformity  analysis or any combination of the preceding. 
    e. If the Governor concurs with the conformity determination  made by the MPO and VDOT, the MPO and VDOT may proceed with the final  conformity determination. 
    f. The Governor may delegate his role in this process, but not  to the agency head or staff of DEQ, VDOT or VDRPT or the Commonwealth Board of  Transportation. 
    4. Nothing in this section shall prevent the state agencies  and MPOs from making efforts upon their own initiative to obtain mutual  conflict resolution through conference or other appropriate means. 
    F. The provisions of this subsection shall be followed with  regard to public consultation. 
    1. The MPOs shall establish a proactive involvement process  that provides reasonable opportunity for review and comment by, at a minimum,  providing reasonable public access to technical and policy information  considered by the MPO at the beginning of the public comment period and prior  to taking formal action on a conformity determination for all transportation  plans and TIPs, consistent with the requirements of 23 CFR 450.316(b) 23  CFR 450.316(a). 
    2. The MPOs shall specifically address in writing public  comments regarding plans for a regionally significant project, not receiving  FHWA or FTA funding or approval, and how the project is properly reflected in  the emission analysis supporting a proposed conformity finding for a  transportation plan or TIP. 
    3. The MPOs shall also provide an opportunity for public  involvement in conformity determinations for projects where otherwise required  by law. 
    VA.R. Doc. No. R09-1646; Filed November 3, 2008, 3:11 p.m. 
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Final Regulation
        REGISTRAR'S  NOTICE: The State Air Pollution Control Board is claiming an exclusion from  the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code  of Virginia, which excludes regulations that are necessary to conform to  changes in Virginia statutory law where no agency discretion is involved. The  State Air Pollution Control Board will receive, consider and respond to  petitions by any interested person at any time with respect to reconsideration  or revision.
         Titles of Regulations: 9VAC5-80. Permits for Stationary  Sources (amending 9VAC5-80-150, 9VAC5-80-230,  9VAC5-80-270, 9VAC5-80-510, 9VAC5-80-590, 9VAC5-80-670, 9VAC5-80-860,  9VAC5-80-990, 9VAC5-80-1020, 9VAC5-80-1160, 9VAC5-80-1170, 9VAC5-80-1290,  9VAC5-80-1450, 9VAC5-80-1460, 9VAC5-80-1765, 9VAC5-80-1775, 9VAC5-80-1955,  9VAC5-80-2060, 9VAC5-80-2070, 9VAC5-80-2230; adding 9VAC5-80-5, 9VAC5-80-15,  9VAC5-80-25, 9VAC5-80-35, 9VAC5-80-1773).
    9VAC5-170. Regulation for General Administration (amending 9VAC5-170-30, 9VAC5-170-180, 9VAC5-170-190,  9VAC5-170-200).
    Statutory Authority: § 10.1-1308 of the Code of  Virginia; §§ 110, 112, 165, 173, 182 and Title V of the federal Clean Air  Act; 40 CFR Parts 51, 61, 63, 70 and 72.
    Effective Date: December 31, 2008. 
    Agency Contact: Cindy Berndt, Regulatory Coordinator,  Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218,  telephone (804) 698-4378, FAX (804) 698-4346, TTY (804) 698-4021, or email  cmberndt@deq.virginia.gov.
    Summary:
    The new procedures set forth in § 10.1-1322.01 of the  Code of Virginia have been placed into Part I of Chapter 80. The new  legislation addresses two issues: (i) where there is only a public comment  period prior to the permit decision, and (ii) where there is a federal or state  mandate to hold a hearing prior to the permitting decision. Both of these  issues are addressed in a single narrative in § 10.1-1322.01. In order to  ensure clear and consistent implementation, this provision has been split into  separate sections: 9VAC5-80-25 and 9VAC5-80-35.
    In the air permit program, a public hearing is required by  either federal or state regulation for all major and certain minor new source  review permits. On the other hand, operating permits have no mandate for a  hearing; however, there is the opportunity to request one during the public  comment period.
    In each of the articles in Part II of Chapter 80 that  covers the various permit programs, provisions are included from the law that  tell the public what to do to request a hearing or board consideration, with a  cross-reference to the appropriate provisions of Part I.
    Chapter 170 has been revised to remove provisions related  to board involvement in permitting decisions, which are now covered in Chapter  80 as appropriate to meet the requirements of the new legislation.
        EDITOR'S NOTICE: The  State Air Pollution Control Board is amending the title of Article 3 of Part II  as follows:
    Article 3 
  Federal Operating Permits for Acid Rain Operating Permits Sources  
         Part I 
  Permit Actions Before the Board 
    9VAC5-80-5. Definitions.
    A. For the purpose of applying this chapter in the context  of the Regulations for the Control and Abatement of Air Pollution and related  uses, the words or terms shall have the meanings given them in subsection C of  this section.
    B. Unless otherwise required by context, all terms not  defined herein shall have the meaning given them in 9VAC5-170 (Regulation for  General Administration), 9VAC5-10 (General Definitions), or commonly ascribed  to them by recognized authorities, in that order of priority. 
    C. Terms defined.
    "Applicable federal requirement" means all of,  but not limited to, the following as they apply to affected emissions units  subject to this chapter (including requirements that have been promulgated or  approved by the administrator through rulemaking at the time of permit issuance  but have future-effective compliance dates):
    1. Any standard or other requirement provided for in an  implementation plan established pursuant to § 110, 111(d) or 129 of the federal  Clean Air Act, including any source-specific provisions such as consent  agreements or orders.
    2. Any term or condition in any construction permit issued  under the new source review program or in any operating permit issued pursuant  to the state operating permit program. However, those terms or conditions  designated as state-only enforceable shall not be applicable federal  requirements.
    3. Any emission standard, alternative emission standard,  alternative emissions limitation, equivalent emissions limitation or other  requirement established pursuant to § 112 or 129 of the federal Clean Air Act  as amended in 1990.
    4. Any new source performance standard or other requirement  established pursuant to § 111 of the federal Clean Air Act, and any emission  standard or other requirement established pursuant to § 112 of the federal  Clean Air Act before it was amended in 1990.
    5. Any limitations and conditions or other requirement in a  Virginia regulation or program that has been approved by EPA under Subpart E of  40 CFR Part 63 for the purposes of implementing and enforcing § 112 of the  federal Clean Air Act.
    6. Any requirement concerning accident prevention under §  112(r)(7) of the federal Clean Air Act.
    7. Any compliance monitoring requirements established  pursuant to either § 504(b) or § 114(a)(3) of the federal Clean Air Act.
    8. Any standard or other requirement for consumer and  commercial products under § 183(e) of the federal Clean Air Act.
    9. Any standard or other requirement for tank vessels under  § 183(f) of the federal Clean Air Act.
    10. Any standard or other requirement in 40 CFR Part 55 to  control air pollution from outer continental shelf sources.
    11. Any standard or other requirement of the regulations  promulgated to protect stratospheric ozone under Title VI of the federal Clean  Air Act, unless the administrator has determined that such requirements need  not be contained in a federal operating permit.
    12. With regard to temporary sources subject to  9VAC5-80-130, (i) any ambient air quality standard, except applicable state  requirements, and (ii) requirements regarding increments or visibility as  provided in Article 8 (9VAC5-80-1605 et seq.) of Part II of this chapter.
    13. Any standard or other requirement under § 126(a)(1) and  (c) of the federal Clean Air Act.
    "Board" means, for the purposes of this chapter,  the Department of Environmental Quality. "Board" shall mean the State  Air Pollution Control Board only for the purposes of granting direct  consideration of permit actions as provided in 9VAC5-80-25 and granting  requests for public hearings to contest permit actions as provided in  9VAC5-80-35.
    "Federally enforceable" means all limitations  and conditions that are enforceable by the administrator and citizens under the  federal Clean Air Act or that are enforceable under other statutes administered  by the administrator. Federally enforceable limitations and conditions include,  but are not limited to the following:
    1. Emission standards, alternative emission standards,  alternative emissions limitations, and equivalent emissions limitations  established pursuant to § 112 of the federal Clean Air Act as amended in 1990.
    2. New source performance standards established pursuant to  § 111 of the federal Clean Air Act, and emission standards established pursuant  to § 112 of the federal Clean Air Act before it was amended in 1990.
    3. All terms and conditions (unless expressly designated as  state-only enforceable) in a federal operating permit, including any provisions  that limit a source's potential to emit.
    4. Limitations and conditions that are part of an  implementation plan established pursuant to § 110, 111(d) or 129 of the federal  Clean Air Act.
    5. Limitations and conditions (unless expressly designated  as state-only enforceable) that are part of a federal construction permit  issued under 40 CFR 52.21 or any construction permit issued under regulations  approved by EPA into the implementation plan.
    6. Limitations and conditions (unless expressly designated  as state-only enforceable) that are part of a state operating permit where the  permit and the permit program pursuant to which it was issued meet all of the  following criteria:
    a. The operating permit program has been approved by the EPA  into the implementation plan under § 110 of the federal Clean Air Act.
    b. The operating permit program imposes a legal obligation  that operating permit holders adhere to the terms and limitations of such  permits and provides that permits that do not conform to the operating permit  program requirements and the requirements of EPA's underlying regulations may  be deemed not "federally enforceable" by EPA.
    c. The operating permit program requires that all emissions  limitations, controls, and other requirements imposed by such permits will be  at least as stringent as any other applicable limitations and requirements  contained in the implementation plan or enforceable under the implementation  plan, and that the program may not issue permits that waive, or make less  stringent, any limitations or requirements contained in or issued pursuant to  the implementation plan, or that are otherwise "federally  enforceable."
    d. The limitations, controls, and requirements in the  permit in question are permanent, quantifiable, and otherwise enforceable as a  practical matter.
    e. The permit in question was issued only after adequate  and timely notice and opportunity for comment by EPA and the public.
    7. Limitations and conditions in a regulation of the board  or program that has been approved by EPA under Subpart E of 40 CFR Part 63 for  the purposes of implementing and enforcing § 112 of the federal Clean Air Act.
    8. Individual consent agreements that EPA has legal  authority to create.
    "Federal hazardous air pollutant new source review  (NSR) program" means a program for the preconstruction review and approval  of the construction, reconstruction or modification of any stationary source in  accordance with regulations specified in subdivisions 1 through 3 of this  definition and promulgated to implement the requirements of § 112  (relating to hazardous air pollutants) of the federal Clean Air Act.  Any  permit issued under this program is a major NSR permit.
    1. The provisions of 40 CFR 61.05, 40 CFR 61.06, 40 CFR  61.07, 40 CFR 61.08 and 40 CFR 61.15 for issuing approvals of the construction  of any new source or modification of any existing source subject to the  provisions of 40 CFR Part 61.
    2. The provisions of 40 CFR 63.5 for issuing approvals to  construct a new source or reconstruct a source subject to the provisions of 40  CFR Part 63, except for Subparts B, D and E.
    3. The provisions of 40 CFR 63.50 through 40 CFR 63.56 for  issuing Notices of MACT Approval prior to the construction of a new emissions  unit.
    "Federal hazardous air pollutant new source review  (NSR) permit" means a permit issued under the federal hazardous air  pollutant new source review program.
    "Federal operating permit" means a permit issued  under the federal operating permit program.
    "Federal operating permit program" means an  operating permit system (i) for issuing terms and conditions for major  stationary sources, (ii) established to implement the requirements of Title V  of the federal Clean Air Act and associated regulations, and (iii) codified in  Article 1 (9VAC5-80-50 et seq.), Article 2 (9VAC5-80-310 et seq.), Article 3  (9VAC5-80-360 et seq.), and Article 4 (9VAC5-80-710 et seq.) of Part II of this  chapter.
    "Major new source review (NSR) permit" means a  permit issued under the major new source review program.
    "Major new source review (major NSR) program"  means a preconstruction review and permit program (i) for new major stationary  sources or major modifications (physical changes or changes in the method of  operation), (ii) established to implement the requirements of §§ 112, 165 and  173 of the federal Clean Air Act and associated regulations, and (iii) codified  in Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and  Article 9 (9VAC5-80-2000 et seq.) of Part II of this chapter.
    "Minor new source review (NSR) permit" means a  permit issued under the minor new source review program.
    "Minor new source review (minor NSR) program"  means a preconstruction review and permit program (i) for regulated air  pollutants from new stationary sources or projects that are not subject to  review under the major new source review program, (ii) established to implement  the requirements of §§ 110 (a)(2)(C) and 112 of the federal Clean Air Act  and associated regulations, and (iii) codified in Article 6 (9VAC5-80-1100 et  seq.) of Part II of this chapter. The minor NSR program may also be used to  implement the terms and conditions designated as state-only enforceable;  however, those terms and conditions shall not be applicable federal  requirements.
    "New source review (NSR) permit" means a permit  issued under the new source review program.
    "New source review (NSR) program" means a  preconstruction review and permit program (i) for regulated air pollutants from  new stationary sources or projects (physical changes or changes in the method  of operation), (ii) established to implement the requirements of §§ 110  (a)(2)(C), 112 (relating to permits for hazardous air pollutants), 165  (relating to permits in prevention of significant deterioration areas), and 173  (relating to permits in nonattainment areas) of the federal Clean Air Act and  associated regulations, and (iii) Article 7 (9VAC5-80-1400 et seq.), Article 8  (9VAC5-80-1605 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of Part II of  this chapter. The NSR program may also be used to implement the terms and  conditions designated as state-only enforceable; however, those terms and  conditions shall not be applicable federal requirements.
    "Nonattainment major new source review (NSR)  program" means a preconstruction review and permit program (i) for new  major stationary sources or major modifications (physical changes or changes in  the method of operation), (ii) established to implement the requirements of §  173 of the federal Clean Air Act and associated regulations, and (iii) codified  in Article 9 (9VAC5-80-2000 et seq.) of Part II of this chapter.  Any  permit issued under this program is a major NSR permit.
    "Nonattainment major new source review (NSR)  permit" means a permit issued under the nonattainment major new source  review program.
    "Permit action" means the activities associated  with, and preliminary to, a decision of the board to approve, approve with  conditions, or disapprove permit applications; actions to amend or modify  permit terms or conditions; actions to renew, reopen, invalidate, suspend,  revoke or enforce permit terms or conditions.  The term "permit  action" does not include actions to combine permit terms and conditions,  provided there are no changes to any permit term or condition.
    "Prevention of Significant Deterioration (PSD)  program" means a preconstruction review and permit program (i) for new  major stationary sources or major modifications (physical changes or changes in  the method of operation), (ii) established to implement the requirements of §  165 of the federal Clean Air Act and associated regulations, and (iii) codified  in Article 8 (9VAC5-80-1605 et seq.) of Part II of this chapter.  Any  permit issued under this program is a major NSR permit.
    "Prevention of Significant Deterioration permit"  means a permit issued under the Prevention of Significant Deterioration  program.
    "Public comment period" means a time during  which the public shall have the opportunity to comment on the permit  application information (exclusive of confidential information) for a new stationary  source or project, the preliminary review and analysis of the effect of the  source upon the ambient air quality, and the preliminary decision of the board  regarding the permit application.
    "Public hearing" means, unless indicated  otherwise, an informal proceeding, similar to that provided for in  § 2.2-4007 of the Administrative Process Act, held to afford people an  opportunity to submit views and data relative to a matter on which a decision  of the board is pending.
    "Public participation process" means any element  of a board or department decision-making process that provides an opportunity  to submit views and data relative to a matter on which a decision of the board  is pending.
    "State operating permit" means a permit issued  under the state operating permit program.
    "State operating permit program" means an  operating permit program (i) for issuing limitations and conditions for  stationary sources, (ii) promulgated to meet the EPA's minimum criteria for  federal enforceability, including adequate notice and opportunity for the EPA  and public comment prior to issuance of the final permit, and practicable  enforceability, and (iii) codified in Article 5 (9VAC5-80-800 et seq.) of Part  II of this chapter.
    9VAC5-80-15. Applicability.
    A. The provisions of this part, unless specified  otherwise, shall apply to only permit actions subject to a public participation  process.
    B. The provisions of this part do not apply to the appeal  of the promulgation of regulations or variances. Appeals of the promulgation of  regulations and variances shall be pursued under § 10.1-1317 of the  Virginia Air Pollution Control Law and § 2.2-4026 of the Administrative  Process Act.
    C. The provisions of this part do not apply to the appeal  of case decisions and other actions or inactions of the board.
    9VAC5-80-25. Direct consideration of permit actions by the  board.
    A. During the public hearing comment period on a permit  action, interested persons may request that the board directly consider the  permit action pursuant to the requirements of this section. The public  participation process requirements for the permit programs subject to this  section are specified in subdivisions 1 through 4 of this subsection.
    1. 9VAC5-80-1170 for the minor new source review (minor  NSR) program.
    2. 9VAC5-80-1460 for the federal hazardous air pollutant  new source review (NSR) program.
    3. 9VAC5-80-1775 for the Prevention of Significant  Deterioration (PSD) program.
    4. 9VAC5-80-2070 for the nonattainment major new source  review (NSR) program.
    B. Requests for board consideration shall contain the  following information:
    1. The name, mailing address, and telephone number of the  requester;
    2. The names and addresses of all persons for whom the  requester is acting as a representative (for the purposes of this requirement, an  unincorporated association is a person);
    3. The reason why board consideration is requested;
    4. A brief, informal statement setting forth the factual  nature and the extent of the interest of the requester or of the persons for  whom the requester is acting as representative in the application or  preliminary determination, including an explanation of how and to what extent  such interest would be directly and adversely affected by the issuance, denial,  amendment, or revocation of the permit in question; and
    5. Where possible, specific references to the terms and  conditions of the permit in question, together with suggested revisions and  alterations of those terms and conditions that the requester considers are  needed to conform the permit to the intent and provisions of the Virginia Air  Pollution Control Law.
    C. Upon completion of the public comment period on a  permit action, the director shall review all timely requests for board  consideration filed during the public comment period on the permit action and within  30 calendar days following the expiration of the time period for the submission  of requests shall grant board consideration after the public hearing, unless  the permittee or applicant agrees to a later date, if the director finds the  following:
    1. That there is a significant public interest in the  issuance, denial, amendment, or revocation of the permit in question as  evidenced by receipt of a minimum of 25 individual requests for board  consideration;
    2. That the requesters raise substantial, disputed issues  relevant to the issuance, denial, amendment, or revocation of the permit in  question; and
    3. That the action requested by the interested party is not  on its face inconsistent with, or in violation of, the Virginia Air Pollution  Control Law, federal law or any regulation promulgated thereunder.
    D. Either the director or a majority of the board members,  acting independently, may request a meeting of the board to be convened within  20 days of the director's decision pursuant to subsection C of this section in  order to review such decision and determine by a majority vote of the board  whether or not to grant board consideration, or to delegate the permit to the  director for the director's decision. For purposes of this subsection, if a  board meeting is held via electronic communication, the board shall have at  least one forum open to the public and individual board members may participate  from any location regardless of whether it is open to the public.
    E. The director shall, forthwith, notify by mail at the  director's last known address (i) each requester and (ii) the applicant or  permittee of the decision to grant or deny board consideration.
    F. In addition to subsections C, D, and E of this section,  the director may, in his discretion, submit a permit action to the board for  its consideration.
    G. After the close of the public hearing comment period,  the board shall, at a regular or special meeting, take final action on the  permit. Such decision shall be issued within 90 days of the close of the public  comment period or from a later date, as agreed to by the permittee or applicant  and the board or the director.
    H. Persons who commented during the public comment period  shall be afforded an opportunity at the board meeting when final action is  scheduled to respond to any summaries of the public comments prepared by the  department for the board's consideration subject to such reasonable limitations  on the time permitted for oral testimony or presentation of repetitive material  as are determined by the board.
    I. In making its decision, the board shall consider (i)  the verbal and written comments received during the public comment period made  part of the record, (ii) any explanation of comments previously received during  the public comment period made at the board meeting, (iii) the comments and  recommendation of the department, and (iv) the agency files. When the decision  of the board is to adopt the recommendation of the department, the board shall  provide in writing a clear and concise statement of the legal basis and  justification for the decision reached. When the decision of the board varies  from the recommendation of the department, the board shall, in consultation  with legal counsel, provide a clear and concise statement explaining the reason  for the variation and how the board's decision is in compliance with applicable  laws and regulations. The written statement shall be provided contemporaneously  with the decision of the board. Copies of the decision, certified by the  director, shall be mailed by certified mail to the permittee or applicant. 
    9VAC5-80-35. Public hearings to contest permit actions.
    A. During the public comment period on a permit action,  interested persons may request a public hearing on the permit action pursuant  to the requirements of this section.  The public participation process  requirements for the permit programs subject to this section are specified in  subdivisions 1 and 2 of this subsection.
    1. 9VAC5-80-270 and 9VAC5-80-670 for the federal (Title V)  operating permit program.
    2. 9VAC5-80-1020 for the state operating permit program.
    B. Requests for a public hearing shall contain the  following information:
    1. The name, mailing address, and telephone number of the  requester;
    2. The names and addresses of all persons for whom the  requester is acting as a representative (for the purposes of this requirement,  an unincorporated association is a person);
    3. The reason why a public hearing is requested;
    4. A brief, informal statement setting forth the factual  nature and the extent of the interest of the requester or of the persons for  whom the requester is acting as representative in the application or  preliminary determination, including an explanation of how and to what extent  such interest would be directly and adversely affected by the issuance, denial,  amendment, or revocation of the permit in question; and
    5. Where possible, specific references to the terms and  conditions of the permit in question, together with suggested revisions and  alterations of those terms and conditions that the requester considers are  needed to conform the permit to the intent and provisions of the Virginia Air  Pollution Control Law.
    C. Upon completion of the public comment period on a  permit action, the director shall review all timely requests for public hearing  filed during the public comment period on the permit action and within 30  calendar days following the expiration of the time period for the submission of  requests shall grant a public hearing, unless the permittee or applicant agrees  to a later date, if the director finds the following:
    1. That there is a significant public interest in the  issuance, denial, amendment, or revocation of the permit in question as  evidenced by receipt of a minimum of 25 individual requests for a public  hearing;
    2. That the requesters raise substantial, disputed issues  relevant to the issuance, denial, amendment, or revocation of the permit in  question; and
    3. That the action requested by the interested party is not  on its face inconsistent with, or in violation of, the Virginia Air Pollution  Control Law, federal law or any regulation promulgated thereunder.
    D. Either the director or a majority of the board members,  acting independently, may request a meeting of the board to be convened within  20 days of the director's decision pursuant to subsection C of this section in  order to review such decision and determine by a majority vote of the board  whether or not to grant a public hearing. For purposes of this subsection, if a  board meeting is held via electronic communication, the board shall have at  least one forum open to the public and individual board members may participate  from any location regardless of whether it is open to the public.
    E. The director shall, forthwith, notify by mail at the  director's last known address (i) each requester and (ii) the applicant or  permittee of the decision to grant or deny a public hearing.
    F. In addition to subsections C, D, and E of this section,  the director may, in the director's discretion, convene a public hearing on a  permit action.
    G. If a determination is made to hold a public hearing,  the director shall schedule the hearing at a time between 45 and 75 days after  mailing of the notice required by subsection E of this section.
    H. The director shall cause, or require the applicant to  publish, notice of a public hearing to be published once, in a newspaper of  general circulation in the city or county where the facility or operation that  is the subject of the permit or permit application is located, at least 30 days  before the hearing date.
    I. The director may, on the director's own motion or at  the request of the applicant or permittee, for good cause shown, reschedule the  date of the public hearing. In the event the director reschedules the date for  the public hearing after notice has been published, the director shall, or  require the applicant to, provide reasonable notice of the new date of the  public hearing. Such notice shall be published once in the same newspaper where  the original notice was published.
    J. Public hearings held pursuant to these procedures may  be conducted by the board at a regular or special meeting of the board and  shall be presided over by a member of the board. Public hearings may be held  before less than a quorum of the board.
    K. The presiding board member shall have the authority to  maintain order, preserve the impartiality of the decision process, and conclude  the hearing process expeditiously. The presiding board member, in order to  carry out his responsibilities under this subsection, is authorized to exercise  the following powers, including but not limited to:
    1. Prescribing the methods and procedures to be used in the  presentation of factual data, arguments, and proof orally and in writing  including the imposition of reasonable limitations on the time permitted for  oral testimony;
    2. Consolidating the presentation of factual data,  arguments, and proof to avoid repetitive presentation of them;
    3. Ruling on procedural matters; and
    4. Acting as custodian of the record of the public hearing  causing all notices and written submittals to be entered in it.
    L. The public comment period will remain open for 15 days  after the close of the public hearing if required by § 10.1-1307.01 of the Code  of Virginia.
    M. When the public hearing is conducted by less than a  quorum of the board, the department shall, promptly after the close of the  public hearing comment period, make a report to the board.
    N. After the close of the public hearing comment period,  the board shall, at a regular or special meeting, take final action on the permit.  Such decision shall be issued within 90 days of the close of the public comment  period or from a later date, as agreed to by the permittee or applicant and the  board or the director.
    O. When the public hearing was conducted by less than a  quorum of the board, persons who commented during the public comment period  shall be afforded an opportunity at the board meeting when final action is  scheduled to respond to any summaries of the public comments prepared by the  department for the board's consideration subject to such reasonable limitations  on the time permitted for oral testimony or presentation of repetitive material  as are determined by the board.
    P. In making its decision, the board shall consider (i)  the verbal and written comments received during the public comment period made  part of the record, (ii) any explanation of comments previously received during  the public comment period made at the board meeting, (iii) the comments and  recommendation of the department, and (iv) the agency files. When the decision  of the board is to adopt the recommendation of the department, the board shall  provide in writing a clear and concise statement of the legal basis and  justification for the decision reached. When the decision of the board varies  from the recommendation of the department, the board shall, in consultation  with legal counsel, provide a clear and concise statement explaining the reason  for the variation and how the board's decision is in compliance with applicable  laws and regulations. The written statement shall be provided contemporaneously  with the decision of the board. Copies of the decision, certified by the  director, shall be mailed by certified mail to the permittee or applicant. 
    9VAC5-80-150. Action on permit application. 
    A. A permit, permit modification, or renewal may be issued  only if all of the following conditions have been met: 
    1. The board has received a complete application for a permit,  permit modification, or permit renewal, except that a complete application need  not be received before issuance of a general permit under 9VAC5-80-120. 
    2. Except for modifications qualifying for minor permit  modification procedures under 9VAC5-80-210 or 9VAC5-80-220, the board has  complied with the requirements for public participation under 9VAC5-80-270. 
    3. The board has complied with the requirements for notifying  and responding to affected states under 9VAC5-80-290. 
    4. The conditions of the permit provide for compliance with  all applicable requirements, the requirements of Article 2 (9VAC5-80-310 et  seq.) of this part, and the requirements of this article. 
    5. The administrator has received a copy of the proposed  permit and any notices required under 9VAC5-80-290 A and 9VAC5-80-290 B and has  not objected to issuance of the permit under 9VAC5-80-290 C within the time  period specified therein. 
    B. The Except for permit revisions, as required by  the provisions of 9VAC5-80-200, 9VAC5-80-210, 9VAC5-80-220 or 9VAC5-80-230, the  board shall take final action on each permit application (including a request  for permit modification or renewal) no later than 18 months after a complete  application is received by the board, with the following exceptions: except  in cases where a public hearing to provide the opportunity for interested  persons to contest the application is granted pursuant to 9VAC5-80-35. The  board will review any request made under 9VAC5-80-270 E 2, and will take final  action on the request and application as provided in Part I (9VAC5-80-5 et  seq.) of this chapter.
    1. For sources not deferred under 9VAC5-80-50 D, one-third  of the initial permits shall be issued in each of the three years following the  administrator's approval of this article, to include approval for federal  delegation purposes. 
    2. For permit revisions, as required by the provisions of  9VAC5-80-200, 9VAC5-80-210, 9VAC5-80-220 or 9VAC5-80-230. 
    C. Issuance of permits under this article shall not take  precedence over or interfere with the issuance of preconstruction permits under  the new source review program. 
    D. The board shall provide a statement that sets forth the  legal and factual basis for the draft permit conditions (including references  to the applicable statutory or regulatory provisions). The board shall send  this statement to the administrator and to any other person who requests it. 
    E. Within five days after receipt of the issued permit, the  applicant shall maintain the permit on the premises for which the permit has  been issued and shall make the permit immediately available to the board upon  request. 
    9VAC5-80-230. Significant modification procedures. 
    A. Significant modification procedures shall be used for  applications requesting permit modifications that do not qualify as minor  permit modifications under 9VAC5-80-210 or 9VAC5-80-220 or as administrative  amendments under 9VAC5-80-200. Significant modification procedures shall be  used for those permit modifications that: 
    1. Involve significant changes to existing monitoring,  reporting, or recordkeeping requirements in the permit, such as a change to the  method of monitoring to be used, a change to the method of demonstrating  compliance or a relaxation of reporting or recordkeeping requirements. 
    2. Require or change a case-by-case determination of an  emission limitation or other standard, or a source-specific determination for  temporary sources of ambient impacts made under 9VAC5 Chapter 40  (9VAC5-40-10 et seq.), 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) or 9VAC5 Chapter  60 (9VAC5-60-10 et seq.) 9VAC5-40 (Existing Stationary Sources),  9VAC5-50 (New and Modified Stationary Sources), or 9VAC5-60 (Hazardous Air  Pollutant Sources), or a visibility or increment analysis carried out under  this chapter. 
    3. Seek to establish or change a permit term or condition for  which there is no corresponding underlying applicable federal requirement and  that the source has assumed to avoid an applicable federal requirement to which  the source would otherwise be subject. Such terms and conditions include: 
    a. A federally enforceable emissions cap assumed to avoid  classification as a Title I modification. 
    b. An alternative emissions limit approved pursuant to  regulations promulgated under § 112(i)(5) of the federal Clean Air Act (early  reduction of hazardous air pollutants). 
    B. An application for a significant permit modification shall  meet the requirements of 9VAC5-80-80 and 9VAC5-80-90 for permit issuance and  renewal for the modification proposed and shall include the following: 
    1. A description of the change, the emissions resulting from  the change, and any new applicable federal requirements that will apply if the  change occurs. 
    2. A suggested draft permit prepared by the applicant. 
    3. Completed forms for the board to use to notify the  administrator and affected states as required under 9VAC5-80-290. 
    C. The provisions of 9VAC5-80-290 shall be carried out for  significant permit modifications in the same manner as they would be for  initial permit issuance and renewal. 
    D. The provisions of 9VAC5-80-270 shall apply to applications  made under this section. 
    E. The board shall take final action on significant permit  modifications within nine months after receipt of a complete application. 
    F. The owner shall not make the change applied for in the  significant modification application until the modification is approved by the  board under subsection E of this section. 
    G. The provisions of 9VAC5-80-140 shall apply to changes made  under this section. 
    9VAC5-80-270. Public participation. 
    A. Except for modifications qualifying for minor permit  modification procedures and administrative permit amendments, draft permits for  initial permit issuance, significant modifications, and renewals shall be  subject to a public comment period of at least 30 days. The board shall notify  the public using the procedures in subsection B of this section. 
    B. The board shall notify the public of the draft permit or  draft permit modification (i) by advertisement in a newspaper of general  circulation in the area where the source is located and (ii) through a notice  to persons on a permit mailing list who have requested such information of the  opportunity for public comment on the information available for public  inspection under the provisions of subsection C of this section. 
    C. Provisions for the content of the public notice and  availability of information shall be as follows: 
    1. The notice shall include, but not be limited to, the  following: 
    a. The source name, address and description of specific  location. 
    b. The name and address of the permittee. 
    c. The name and address of the regional office processing the  permit. 
    d. The activity or activities for which the permit action is  sought. 
    e. The emissions change that would result from the permit  issuance or modification. 
    f. The name, address, and telephone number of a department  contact from whom interested persons may obtain additional information,  including copies of the draft permit or draft permit modification, the  application, and all relevant supporting materials, including the compliance  plan. 
    g. A brief description of the comment procedures required by  this section. 
    h. A brief description of the procedures to be used to request  a hearing or the time and place of the public hearing if the board determines  to hold a hearing under subdivision E 3 of this section. 
    2. Information on the permit application (exclusive of  confidential information under 9VAC5-20-150), as well as the draft permit or  draft permit modification, shall be available for public inspection during the  entire public comment period at the regional office. 
    D. The board shall provide such notice and opportunity for  participation by affected states as is provided for by 9VAC5-80-290. 
    E. Provisions for public hearing shall be as follows: 
    1. The board shall provide an opportunity for a public hearing  as described in subdivisions 2 through 6 of this subsection. 
    2. Following the initial publication of the notice of  a public comment period required under subsection B of this section,  the board will receive written requests for a public hearing to consider  contest the draft permit or draft permit modification pursuant to the  requirements of 9VAC5-80-35. The In order to be considered, the  request shall be submitted within 30 days of the appearance of the notice in  the newspaper no later than the end of the comment period. Request  for a public hearing shall contain the following information: 
    a. The name, mailing address and telephone number of the  requester. 
    b. The names and addresses of all persons for whom the  requester is acting as a representative (for the purposes of this  requirement, an unincorporated association is a person). 
    c. The reason why a public hearing is requested,  including the air quality concern that forms the basis for the request. 
    d. A brief, informal statement setting forth the factual  nature and the extent of the interest of the requester or of the persons for  whom the requester is acting as representative in the draft permit or draft  permit modification, including information on how the operation of the  facility under consideration affects the requester an explanation of how  and to what extent such interest would be directly and adversely affected by  the issuance, denial, modification, or revocation of the permit in question.  
    e. Where possible, specific references to the terms and  conditions of the permit in question, together with suggested revisions and  alterations of those terms and conditions that the requester considers are  needed to conform the permit to the intent and provisions of the Virginia Air  Pollution Control Law.
    3. The board shall review all requests for public hearing  filed as required under subdivision 2 of this subsection and within 30 calendar  days following the expiration of the public comment period shall grant a public  hearing if it finds both of the following: will review any request made  under subdivision 2 of this subsection, and will take final action on the  request as provided in 9VAC5-80-150 B.
    a. There is significant public interest in the air quality  issues raised by the permit application in question. 
    b. There are substantial, disputed air quality issues  relevant to the permit application in question. 
    4. The board shall notify by mail the applicant and each  requester, at his last known address, of the decision to convene or deny a  public hearing. The notice shall contain the basis for the decision to grant or  deny a public hearing. If the public hearing is granted, the notice shall  contain a description of procedures for the public hearing. 
    5. If the board decides to hold a public hearing, the  hearing shall be scheduled at least 30 and no later than 60 days after mailing  the notification required in subdivision 4 of this subsection. 
    6. The procedures for notification to the public and  availability of information used for the public comment period as provided in  subsection C of this section shall also be followed for the public hearing. The  hearing shall be held in the affected air quality control region. 
    7. As an alternative to the requirements of subdivisions 1  through 6 of this subsection, the board may hold a public hearing if an  applicant requests that a public hearing be held or if, prior to the public  comment period, the board determines that the conditions in subdivisions 3 a  and b of this subsection pertain to the permit application in question. 
    8. The board may hold a public hearing for more than one  draft permit or draft permit modification if the location for the public hearing  is appropriate for the sources under consideration and if the public hearing  time expected for each draft permit or draft permit modification will provide  sufficient time for public concerns to be heard. 
    9. Written comments shall be accepted by the board for at  least 15 days after the hearing. 
    F. The board shall keep a record of the commenters and a  record of the issues raised during the public participation process so that the  administrator may fulfill his the administrator's obligation  under § 505(b)(2) of the federal Clean Air Act to determine whether a citizen  petition may be granted. Such records shall be made available to the public  upon request. 
    9VAC5-80-510. Action on permit application. 
    A. The board shall take final action on each permit application  (including a request for permit modification or renewal) as follows: 
    1. The board shall issue or deny all permits in accordance  with the requirements of this article and this section, including the  completeness determination, draft permit, administrative record, statement of  basis, public notice and comment period, public hearing, proposed permit,  permit issuance, permit revision, and appeal procedures as amended by  9VAC5-80-660 C. 
    2. For permit revisions, as required by the provisions of  9VAC5-80-500 through 9VAC5-80-630. 
    B. A permit, permit modification, or renewal may be issued  only if all of the following conditions have been met: 
    1. The board has received a complete application for a permit,  permit modification, or permit renewal. 
    2. Except for modifications qualifying for minor permit  modification procedures under 9VAC5-80-570 or 9VAC5-80-580, the board has  complied with the requirements for public participation under 9VAC5-80-670. 
    3. The board has complied with the requirements for notifying  and responding to affected states under 9VAC5-80-690. 
    4. The conditions of the permit provide for compliance with  all applicable requirements, the requirements of Article 2 (9VAC5-80-310 et  seq.) of this part, and the requirements of this article. 
    5. The administrator has received a copy of the proposed  permit and any notices required under 9VAC5-80-690 A and B and has not objected  to issuance of the permit under 9VAC5-80-690 C within the time period specified  therein. 
    C. The issuance of the acid rain portion of the federal  operating permit shall be as follows: 
    1. After the close of the public comment period, the board  shall incorporate all necessary changes and issue or deny a proposed acid rain  permit. 
    2. The board shall submit the proposed acid rain permit or  denial of a proposed acid rain permit to the administrator in accordance with  9VAC5-80-690, the provisions of which shall be treated as applying to the  issuance or denial of a proposed acid rain permit. 
    3. Action by the administrator shall be as follows: 
    a. Following the administrator's review of the proposed acid  rain permit or denial of a proposed acid rain permit, the board or, under  9VAC5-80-690 C, the administrator shall incorporate any required changes and  issue or deny the acid rain permit in accordance with 9VAC5-80-490 and  9VAC5-80-500. 
    b. No acid rain permit (including a draft or proposed permit)  shall be issued unless the administrator has received a certificate of  representation for the designated representative of the source in accordance  with Subpart B of 40 CFR Part 72. 
    4. Permit issuance deadlines and effective dates shall be as  follows: 
    a. The board shall issue an acid rain permit to each affected  source whose designated representative submitted in accordance with  9VAC5-80-430 G a timely and complete acid rain permit application by January 1,  1996, that meets the requirements of this article. The permit shall be issued  by the effective date specified in subdivision 4 c of this subsection. 
    b. Not later than January 1, 1999, the board shall reopen the  acid rain permit to add the acid rain program nitrogen oxides requirements,  provided that the designated representative of the affected source submitted a  timely and complete acid rain permit application for nitrogen oxides in  accordance with 9VAC5-80-430 G. Such reopening shall not affect the term of the  acid rain portion of a federal operating permit. 
    c. Each acid rain permit issued in accordance with subdivision  4 a of this subsection shall take effect by the later of January 1, 1998, or,  where the permit governs a unit under 9VAC5-80-380 A 3, the deadline for  monitor certification under 40 CFR Part 75. 
    d. Both the acid rain draft and final permit shall state that  the permit applies on and after January 1, 2000. The draft and final permit  shall also specify which applicable requirements are effective prior to January  1, 2000, and the effective date of those applicable requirements. 
    e. Each acid rain permit shall have a term of five years  commencing on its effective date. 
    f. An acid rain permit shall be binding on any new owner or  operator or designated representative of any source or unit governed by the  permit. 
    5. Each acid rain permit shall contain all applicable acid  rain requirements, shall be a portion of the federal operating permit that is  complete and segregable from all other air quality requirements, and shall not  incorporate information contained in any other documents, other than documents  that are readily available. 
    6. Invalidation of the acid rain portion of a federal  operating permit shall not affect the continuing validity of the rest of the  operating permit, nor shall invalidation of any other portion of the operating  permit affect the continuing validity of the acid rain portion of the permit. 
    D. The board shall take final action on each permit  application (including a request for a permit modification or renewal) no later  than 18 months after a complete application is received by the board, except for  initial permits in cases where a public hearing to provide the  opportunity for interested persons to contest the application is granted  pursuant to 9VAC5-80-35. The board will review any request made under  9VAC5-80-670 E 2, and will take final action on the request and application as  provided in Part I (9VAC5-80-5 et seq.) of this chapter. The initial  permits issued under this article shall be issued by the effective date  specified in subdivision C 4 c of this section. 
    E. Issuance of permits under this article shall not take  precedence over or interfere with the issuance of preconstruction permits under  the new source review program. 
    F. The board shall provide a statement that sets forth the  legal and factual basis for the draft permit conditions (including references  to the applicable statutory or regulatory provisions) as follows. The board  shall send this statement to the administrator and to any other person who  requests it. 
    1. The statement of basis shall briefly set forth significant  factual, legal, and policy considerations on which the board relied in issuing  or denying the draft permit. 
    2. The statement of basis shall include the reasons, and  supporting authority, for approval or disapproval of any compliance options  requested in the permit application, including references to applicable  statutory or regulatory provisions and to the administrative record. 
    3. The board shall submit to the administrator a copy of the  draft acid rain permit and the statement of basis and all other relevant  portions of the federal operating permit that may affect the draft acid rain  permit. 
    G. Within five days after receipt of the issued permit, the  applicant shall maintain the permit on the premises for which the permit has  been issued and shall make the permit immediately available to the board upon  request. 
    9VAC5-80-590. Significant modification procedures. 
    A. Significant modification procedures shall be used for  applications requesting permit modifications that do not qualify as minor  permit modifications under 9VAC5-80-570 or 9VAC5-80-580 or as administrative  amendments under 9VAC5-80-560. Significant modification procedures shall be  used for those permit modifications that: 
    1. Involve significant changes to existing monitoring,  reporting, or recordkeeping requirements in the permit, such as a change to the  method of monitoring to be used, a change to the method of demonstrating  compliance or a relaxation of reporting or recordkeeping requirements. 
    2. Require or change a case-by-case determination of an  emission limitation or other standard, or a source-specific determination for  temporary sources of ambient impacts made under 9VAC5 Chapter 40  (9VAC5-40-10 et seq.), 9VAC5 Chapter 50 (9VAC5-50-10 et seq.), or 9VAC5 Chapter  60 (9VAC5-60-10 et seq.) 9VAC5-40 (Existing Stationary Sources), 9VAC5-50  (New and Modified Stationary Sources), or 9VAC5-60 (Hazardous Air Pollutant  Sources), or a visibility or increment analysis carried out under this  chapter. 
    3. Seek to establish or change a permit term or condition for  which there is no corresponding underlying applicable federal requirement and  that the source has assumed to avoid an applicable federal requirement to which  the source would otherwise be subject. Such terms and conditions include: 
    a. A federally enforceable emissions cap assumed to avoid  classification as a Title I modification. 
    b. An alternative emissions limit approved pursuant to  regulations promulgated under § 112(i)(5) of the federal Clean Air Act (early  reduction of hazardous air pollutants). 
    B. An application for a significant permit modification shall  meet the requirements of 9VAC5-80-430 and 9VAC5-80-440 for permit issuance and  renewal for the modification proposed and shall include the following: 
    1. A description of the change, the emissions resulting from  the change, and any new applicable federal requirements that will apply if the  change occurs. 
    2. A suggested draft permit prepared by the applicant. 
    3. Completed forms for the board to use to notify the  administrator and affected states as required under 9VAC5-80-690. 
    C. The provisions of 9VAC5-80-690 shall be carried out for  significant permit modifications in the same manner as they would be for  initial permit issuance and renewal. 
    D. The provisions of 9VAC5-80-670 shall apply to applications  made under this section. 
    E. The board shall take final action on significant permit  modifications within nine months after receipt of a complete application. 
    F. The owner shall not make the change applied for in the  significant modification application until the modification is approved by the  board under subsection E of this section. 
    G. The provisions of 9VAC5-80-500 shall apply to changes made  under this section. 
    9VAC5-80-670. Public participation. 
    A. Except for modifications qualifying for minor permit  modification procedures and administrative permit amendments, draft permits for  initial permit issuance, significant modifications, and renewals shall be  subject to a public comment period of at least 30 days. The board shall notify  the public using the procedures in subsection B of this section. 
    B. The board shall notify the public of the draft permit or  draft permit modification (i) by advertisement in a newspaper of general  circulation in the area where the source is located and (ii) through a notice  to persons on a permit mailing list who have requested such information of the  opportunity for public comment on the information available for public  inspection under the provisions of subsection C of this section. 
    C. The following requirements apply with respect to content  of the public notice and availability of information: 
    1. The notice shall include, but not be limited to, the  following: 
    a. The source name, address and description of specific  location. 
    b. The name and address of the permittee. 
    c. The name and address of the regional office processing the  permit. 
    d. The activity or activities for which the permit action is  sought. 
    e. The emissions change that would result from the permit  issuance or modification. 
    f. The name, address, and telephone number of a department  contact from whom interested persons may obtain additional information,  including copies of the draft permit or draft permit modification, the  application, and all relevant supporting materials, including the compliance  plan. 
    g. A brief description of the comment procedures required by  this section. 
    h. A brief description of the procedures to be used to request  a hearing or the time and place of the public hearing if the board determines  to hold a hearing under subdivision E 3 of this section. 
    2. Information on the permit application (exclusive of  confidential information under 9VAC5-20-150), as well as the draft permit or  draft permit modification, shall be available for public inspection during the  entire public comment period at the regional office. 
    D. The board shall provide such notice and opportunity for  participation by affected states as is provided for by 9VAC5-80-690. 
    E. The following requirements apply with respect to  opportunity for public hearing: 
    1. The board shall provide an opportunity for a public hearing  as described in subdivisions 2 through 6 of this subsection. 
    2. Following the initial publication of the notice of  a public comment period required under subsection B of this section,  the board shall receive written requests for a public hearing to consider  contest the draft permit or draft permit modification pursuant to the  requirements of 9VAC5-80-35. The In order to be considered, the  request shall be submitted within 30 days of the appearance of the notice in  the newspaper no later than the end of the comment period. Request  for a public hearing shall contain the following information: 
    a. The name, mailing address and telephone number of the  requester. 
    b. The names and addresses of all persons for whom the  requester is acting as a representative (for the purposes of this  requirement, an unincorporated association is a person). 
    c. The reason why a public hearing is requested,  including the air quality concern that forms the basis for the request. 
    d. A brief, informal statement setting forth the factual  nature and the extent of the interest of the requester or of the persons for  whom the requester is acting as representative in the draft permit or draft  permit modification, including information on how the operation of the  facility under consideration affects the requester an explanation of how  and to what extent such interest would be directly and adversely affected by  the issuance, denial, modification, or revocation of the permit in question.
    e. Where possible, specific references to the terms and  conditions of the permit in question, together with suggested revisions and  alterations of those terms and conditions that the requester considers are  needed to conform the permit to the intent and provisions of the Virginia Air  Pollution Control Law.
    3. The board shall review all requests for public hearing  filed as required under subdivision E 2 of this section and, within 30 calendar  days following the expiration of the public comment period, shall grant a  public hearing if it finds both of the following: will review any  request made under subdivision 2 of this subsection, and will take final action  on the request as provided in 9VAC5-80-510 D.
    a. There is significant public interest in the air quality  issues raised by the permit application in question. 
    b. There are substantial, disputed air quality issues  relevant to the permit application in question. 
    4. The board shall notify by mail the applicant and each  requester, at his last known address, of the decision to convene or deny a  public hearing. The notice shall contain the basis for the decision to grant or  deny a public hearing. If the public hearing is granted, the notice shall  contain a description of procedures for the public hearing. 
    5. If the board decides to hold a public hearing, the  hearing shall be scheduled at least 30 and no later than 60 days after mailing  the notification required in subdivision 4 of this subsection. 
    6. The procedures for notification to the public and  availability of information used for the public comment period as provided in  subsection C of this section shall also be followed for the public hearing. The  hearing shall be held in the affected air quality control region. 
    7. As an alternative to the requirements of subdivisions 1  through 6 of this subsection, the board may hold a public hearing if an  applicant requests that a public hearing be held or if, prior to the public  comment period, the board determines that the conditions in subdivisions 3 a  and b of this subsection pertain to the permit application in question. 
    8. The board may hold a public hearing for more than one  draft permit or draft permit modification if the location for the public  hearing is appropriate for the sources under consideration and if the public  hearing time expected for each draft permit or draft permit modification will  provide sufficient time for public concerns to be heard. 
    9. Written comments shall be accepted by the board for at  least 15 days after the hearing. 
    F. The board shall keep (i) a record of the commenters and  (ii) a record of the issues raised during the public participation process so  that the administrator may fulfill his the administrator's  obligation under § 505(b)(2) of the federal Clean Air Act to determine whether  a citizen petition may be granted. Such records shall be made available to the  public upon request. 
    9VAC5-80-860. Action on permit application. 
    A. After receipt of an application or any additional  information, the board shall advise the applicant in writing of any deficiency  in such application or information no later than 30 days after receipt of the  application or additional information. 
    B. If no public comment period is required, processing  The board will normally process an application according to the steps  specified in subdivisions 1 through 5 of this subsection. Processing  time for a permit these steps is normally 90 days following  receipt of a complete application. If a public comment period is required,  processing time for a permit is normally 180 days following receipt of a  complete application. The board may extend this time period if additional  information is required needed. Processing steps may include,  but not be limited to: 
    1. Completion of Complete the preliminary review  and analysis in accordance with 9VAC5-80-870 and the preliminary decision  determination of the board; 
    2. Inspection of Inspect the stationary source  or emissions unit, provided an inspection has not been conducted within the  last six months; 
    3. Public comment period, when When required by,  complete the public participation requirements in accordance with  9VAC5-80-1020; and 
    4. Consider the public comments received in accordance with  9VAC5-80-1020; and
    4. Completion of 5. Complete the final review  and analysis and the final decision determination of the board. 
    C. The board will normally take final action on all  complete applications an application after completion of the review  and analysis, unless more information is needed steps in subsection B of  this section except in cases where a public hearing to provide the opportunity  for interested persons to contest the application is granted pursuant to  9VAC5-80-35. The board will review any request made under 9VAC5-80-1020 C, and  will take final action on the request and application as provided in Part I  (9VAC5-80-5 et seq.) of this chapter. 
    D. The board shall issue the permit or notify the  applicant in writing of its decision, with its reasons, not to issue the  permit. 
    D. E. Within five days after receipt of the  permit pursuant to subsection B of this section, the applicant shall maintain  the permit on the premises for which the permit has been issued and shall make  the permit immediately available to the board upon request. 
    E. F. Appeals of decisions rendered pursuant to  this article shall follow the procedures outlined in Part VIII (9VAC5-170-190  et seq.) of 9VAC5 Chapter 170 9VAC5-170 (Regulation for General  Administration). 
    9VAC5-80-990. Significant amendment procedures. 
    A. The criteria for use of significant amendment procedures  are as follows: 
    1. Significant amendment procedures shall be used for requests  for permit amendments that do not qualify as minor permit amendments under  9VAC5-80-980 or as administrative amendments under 9VAC5-80-970. 
    2. Significant amendment procedures shall be used for those  permit amendments that: 
    a. Involve significant changes to existing monitoring,  reporting, or recordkeeping requirements that would make the permit  requirements less stringent, such as a change to the method of monitoring to be  used, a change to the method of demonstrating compliance or a relaxation of  reporting or recordkeeping requirements. 
    b. Require or change a case-by-case determination of an  emission limitation or other standard. 
    c. Seek to establish or change a permit term or condition (i)  for which there is no corresponding underlying applicable regulatory  requirement and (ii) that the source has assumed to avoid an applicable  regulatory requirement to which the source would otherwise be subject. Such  terms and conditions include: 
    (1) An emissions cap assumed to avoid classification as a  modification under the new source review program or § 112 of the federal Clean  Air Act. 
    (2) An alternative emissions limit approved pursuant to  regulations promulgated under § 112(i)(5) of the federal Clean Air Act. 
    B. A request for a significant permit amendment shall include  the following: 
    1. A description of the change, the emissions resulting from  the change, and any new applicable regulatory requirements that will apply if  the change occurs. 
    2. A suggested draft permit prepared by the applicant. 
    C. The provisions of 9VAC5-80-1020 shall apply to  applications made under this section. 
    D. The board will normally take final action on significant  permit amendments within 90 days after receipt of a complete request. If a  public comment period is required, processing time for a request is normally  180 days following receipt of a complete request except in cases where a public  hearing to provide the opportunity for interested persons to contest the  request is granted pursuant to 9VAC5-80-35. The board may extend this time  period if additional information is needed.
    E. The owner shall not make the change applied for in the  significant amendment request until the amendment is approved by the board  under subsection D of this section. 
    9VAC5-80-1020. Public participation. 
    A. Prior to the decision of the board, permit applications  for permits containing provisions that are necessary for the permit to be  federally enforceable shall be subject to a public comment period of at least  30 days. 
    B. When a public comment period is required, the board shall  notify the public, by advertisement in at least one newspaper of general  circulation in the affected air quality control region, of the opportunity for  public comment on the information available for public inspection under the  provisions of subsection A of this section. The notification shall be published  at least 30 days prior to the day of the public hearing. 
    1. Information on the permit application (exclusive of  confidential information under 9VAC5-170-60, as well as the preliminary review  and analysis and tentative preliminary determination of the  board, shall be available for public inspection during the entire public  comment period in at least one location in the affected air quality control  region. 
    2. A copy of the notice shall be sent to all affected local  air pollution control agencies, to all states sharing the affected air quality control  region, to the regional administrator of the U.S. Environmental Protection  Agency, and to any other governmental entity required to be notified under  state or federal law or regulation. 
    C. Following the initial publication of the notice of  a public comment period required under subsection B of this section,  the board will receive written requests for a public hearing to reconsider  contest the tentative preliminary determination of the  board pursuant to the requirements of 9VAC5-80-35. The In  order to be considered, the request shall be submitted within 30 days of  the appearance of the notice in the newspaper no later than the end of  the comment period. Request for a public hearing shall contain the  following information: 
    1. The name, mailing address, and telephone number of  the requester; 
    2. The names and addresses of all persons for whom the  requester is acting as a representative (for the purposes of this  requirement, an unincorporated association is a person); 
    3. The reason why a public hearing is requested; and  
    4. A brief, informal statement setting forth the factual  nature and the extent of the interest of the requester or of the persons for  whom the requester is acting as representative in the application or  preliminary determination, including an explanation of how and to what  extent such interest would be directly and adversely affected by the decision  of the board issuance, denial, amendment, or revocation of the permit in  question; and
    5. Where possible, specific references to the terms and  conditions of the permit in question, together with suggested revisions and  alterations of those terms and conditions that the requester considers are  needed to conform the permit to the intent and provisions of the Virginia Air  Pollution Control Law. 
    D. The board will normally review all timely requests for  public hearing filed during the 30 days following the appearance of the public  comment notice in the newspaper; and normally within 30 calendar days following  the expiration of the public comment period will grant a public hearing if it  finds the following: The board will review any request made under  subsection C of this section, and will take final action on the request as  provided in 9VAC5-80-860 C.
    1. There is significant public interest in the permit  application in question; and 
    2. There are substantial, disputed issues relevant to the  permit application in question. 
    E. The board shall notify by mail the applicant and each  requester, at his last known address, of the decision to convene or deny a  public hearing. The notice shall contain a description of procedures for the  public hearing and for the final decision under this section. 
    F. If the board decides to hold a public hearing, the  hearing will normally be scheduled at a time between 30 and 60 days after  mailing the notification required in subsection E of this section. 
    G. The procedures for notification to the public and  availability of information used for the public comment period or provided in  subsection B of this section shall also be followed for the public hearing. The  hearing shall be held in the affected air quality control region. 
    9VAC5-80-1160. Action on permit application. 
    A. Within 30 days after receipt of an application, the board  will notify the applicant of the status of the application. The notification of  the initial determination with regard to the status of the application will be  provided by the board in writing and will include (i) a determination as to  which provisions of the new source review program are applicable, (ii) the  identification of any deficiencies, and (iii) a determination as to whether the  application contains sufficient information to begin application review. The  determination that the application has sufficient information to begin review  is not necessarily a determination that it is complete. Within 30 days after  receipt of any additional information, the board will notify the applicant in  writing of any deficiencies in such information. The date of receipt of a  complete application for processing under subsection B of this section shall be  the date on which the board received all required information and the  provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have been  met, if applicable. 
    B. If no public comment period is required, processing  The board will normally process an application according to the steps  specified in subdivisions 1 through 4 of this subsection. Processing time  for a permit these steps is normally 90 days following receipt of  a complete application. If a public comment period hearing is  required, processing time for a permit is normally 180 days following  receipt of a complete application. The board may extend this time period if  additional information is required or if a public hearing is conducted under  9VAC5-80-1170 needed. Processing steps may include, but not be  limited to, the following: 
    1. Completion of Complete the preliminary review  and analysis in accordance with 9VAC5-80-1190 and the preliminary decision  determination of the board. This step may constitute the final step if  the provisions of 9VAC5-80-1170 concerning public participation are not  applicable. 
    2. When required, completion of complete the  public participation requirements in accordance with 9VAC5-80-1170. 
    3. Consider the public comments received in accordance with  9VAC5-80-1170.
    3. Completion of 4. Complete the final review  and analysis and the final decision determination of the board. 
    C. The board will normally take final action on all  applications an application after completion of the review and  analysis, or expiration of the public comment period (and consideration of  comments from that) when required, unless more information is needed applicable  steps in subsection B of this section, except in cases where direct  consideration of the application by the board is granted pursuant to  9VAC5-80-25. The board will review any request made under 9VAC5-80-1170 F, and  will take final action on the request and application as provided in Part I  (9VAC5-80-5 et seq.) of this chapter. 
    D. The board shall notify the applicant in writing of  its decision on the application, including its reasons, and shall also specify  the applicable emission limitations. These emission limitations are applicable  during any emission testing conducted in accordance with 9VAC5-80-1200. 
    D. E. The applicant may appeal the decision  pursuant to Part VIII (9VAC5-170-190 et seq.) of 9VAC5 Chapter 170. 
    E. F. Within five days after notification to  the applicant pursuant to subsection C of this section, the notification and  any comments received pursuant to the public comment period and public hearing  shall be made available for public inspection at the same location as was the  information in 9VAC5-80-1170 E 1. 
    9VAC5-80-1170. Public participation. 
    A. No later than 15 days after receiving the initial  determination notification required under 9VAC5-80-1160 A, the applicant for a  permit for a major stationary source or a major modification shall notify the  public of the proposed major stationary source or major modification in  accordance with subsection B of this section. 
    B. The public notice required by subsection A of this section  shall be placed by the applicant in at least one newspaper of general  circulation in the affected air quality control region. The notice shall be  approved by the board and shall include, but not be limited to, the following: 
    1. The source name, location, and type; 
    2. The pollutants and the total quantity of each which the  applicant estimates will be emitted, and a brief statement of the air quality  impact of such pollutants; 
    3. The control technology proposed to be used at the time of  the publication of the notice; and 
    4. The name and telephone number of a contact person, employed  by the applicant, who can answer questions about the proposed source. 
    C. Upon a determination by the board that it will achieve the  desired results in an equally effective manner, an applicant for a permit may  implement an alternative plan for notifying the public to that required in  subsections A and B of this section. 
    D. Prior to the decision of the board, permit applications as  specified below shall be subject to a public comment period of at least 30  days. At the end of the public comment period, a public hearing shall be held  in accordance with subsection E of this section. 
    1. Applications for stationary sources of hazardous air  pollutants requiring a case-by-case maximum achievable control technology  determination under Article 3 (9VAC5-60-120 et seq.) of 9VAC5 Chapter 60. 
    2. Applications for major stationary sources and major  modifications. 
    3. Applications for stationary sources which have the  potential for public interest concerning air quality issues, as determined by  the board in its discretion. The identification of such sources may be made  using the following nonexclusive criteria: 
    a. Whether the project is opposed by any person; 
    b. Whether the project has resulted in adverse media; 
    c. Whether the project has generated adverse comment through  any public participation or governmental review process initiated by any other  governmental agency; and 
    d. Whether the project has generated adverse comment by a  local official, governing body or advisory board. 
    4. Applications for stationary sources for which any provision  of the permit is to be based upon a good engineering practice (GEP) stack  height that exceeds the height allowed by subdivisions 1 and 2 of the GEP  definition. The demonstration specified in subdivision 3 of the GEP definition  must be available during the public comment period. 
    E. When a public comment period and public hearing are  required, the board shall notify the public, by advertisement in at least one  newspaper of general circulation in the affected air quality control region, of  the opportunity for the public comment and the public hearing on the  information available for public inspection under the provisions of subdivision  1 of this subsection. The notification shall be published at least 30 days  prior to the day of the public hearing. Written comments will be accepted by  the board for at least 15 days after any hearing, unless the board votes to  shorten the period.
    1. Information on the permit application (exclusive of  confidential information under 9VAC5-170-60), as well as the preliminary review  and analysis and preliminary decision determination of the board,  shall be available for public inspection during the entire public comment  period in at least one location in the affected air quality control region. 
    2. A copy of the notice shall be sent to all local air  pollution control agencies having jurisdiction in the affected air quality  control region, all states sharing the affected air quality control region, and  to the regional administrator, U.S. Environmental Protection Agency. 
    3. Notices of public comment periods and public hearings for  major stationary sources and major modifications published under this section  shall meet the requirements of § 10.1-1307.01 of the Virginia Air Pollution  Control Law. 
    F. Following the initial publication of the notice  required under subsection E of this section, the board will receive written  requests for direct consideration of the application by the board pursuant to  the requirements of 9VAC5-80-25. In order to be considered, the request must be  submitted no later than the end of the public comment period. A request for  direct consideration of an application by the board shall contain the following  information:
    1. The name, mailing address, and telephone number of the  requester.
    2. The names and addresses of all persons for whom the  requester is acting as a representative (for the purposes of this requirement,  an unincorporated association is a person).
    3. The reason why direct consideration by the board is  requested.
    4. A brief, informal statement setting forth the factual  nature and the extent of the interest of the requester or of the persons for  whom the requester is acting as representative in the application or  preliminary determination, including an explanation of how and to what extent  such interest would be directly and adversely affected by the issuance, denial  or revision of the permit in question.
    5. Where possible, specific references to the terms and  conditions of the permit in question, together with suggested revisions and  alterations of those terms and conditions that the requester considers are  needed to conform the permit to the intent and provisions of the Virginia Air  Pollution Control Law.
    G. The board will review any request made under subsection  F of this section, and will take final action on the request as provided in  9VAC5-80-1160 C.
    F. H. In order to facilitate the efficient  issuance of permits under Articles 1 (9VAC5-80-50 et seq.) and 3 (9VAC5-80-360  et seq.) of this part, upon request of the applicant the board shall process  the permit application under this article using public participation procedures  meeting the requirements of this section and 9VAC5-80-270 or 9VAC5-80-670, as  applicable. 
    9VAC5-80-1290. Significant amendment procedures. 
    A. The criteria for use of significant amendment procedures  are as follows: 
    1. Significant amendment procedures shall be used for  requesting permit amendments that do not qualify as minor permit amendments  under 9VAC5-80-1280 or as administrative amendments under 9VAC5-80-1270. 
    2. Significant amendment procedures shall be used for those  permit amendments that: 
    a. Involve significant changes to existing monitoring,  reporting, or recordkeeping requirements that would make the permit  requirements less stringent, such as a change to the method of monitoring to be  used, a change to the method of demonstrating compliance or a relaxation of  reporting or recordkeeping requirements. 
    b. Require or change a case-by-case determination of an  emission limitation or other standard. 
    c. Seek to establish or change a permit term or condition (i)  for which there is no corresponding underlying applicable regulatory  requirement and (ii) that the source has assumed to avoid an applicable  regulatory requirement to which the source would otherwise be subject. Such  terms and conditions include: 
    (1) An emissions cap assumed to avoid classification as a  modification under the new source review program or § 112 of the federal  Clean Air Act; and 
    (2) An alternative emissions limit approved pursuant to  regulations promulgated under § 112(i)(5) of the federal Clean Air Act. 
    B. A request for a significant permit amendment shall include  a description of the change, the emissions resulting from the change, and any  new applicable regulatory requirements that will apply if the change occurs.  The applicant may, at his the applicant's discretion, include a  suggested draft permit amendment. 
    C. The provisions of 9VAC5-80-1170 shall apply to requests  made under this section if the permit is for a stationary source subject to  9VAC5-80-1170. 
    D. The board will normally take final action on significant  permit amendments within 90 days after receipt of a complete request. If a  public comment period hearing is required, processing time for a  permit amendment is normally 180 days following receipt of a complete application  request except in cases where direct consideration of the request by the  board is granted pursuant to 9VAC5-80-25. The board may extend this time  period if additional information is required or if a public hearing is  conducted under 9VAC5-80-1170 needed. 
    E. The owner shall not make the change applied for in the  significant amendment request until the amendment is approved by the board  under subsection D of this section. 
    9VAC5-80-1450. Action on permit application. 
    A. Within 45 days after receipt of an application, the board  shall notify the applicant of the status of the application. The notification  of the initial determination with regard to the status of the application shall  be provided by the board in writing and shall include: (i) a determination as  to which provisions of the new source review program are applicable, (ii) the  identification of any deficiencies, and (iii) a determination as to whether the  application contains sufficient information to begin application review. The  determination that the application has sufficient information to begin review  is not necessarily a determination that it is complete. Within 30 days after  receipt of any additional information, the board shall notify the applicant of  any deficiencies in such information. The date of receipt of a complete  application for processing under subsection B of this section shall be the date  on which the board received all required information and the provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have been met. 
    B. The board will normally process an application  according to the steps specified in subdivisions 1 through 5 of this  subsection. Processing time for a permit these steps is  normally 180 days following receipt of a complete application. The board may  extend this time period if additional information is required needed.  Processing steps may include, but not be limited to: 
    1. Completion of Complete the application review  and analysis in accordance with 9VAC5-80-1480 and the preliminary decision of  the board; 
    2. Completion of Complete the emission  limitation review (if any); 
    3. Completion of Complete the public  participation requirements in 9VAC5-80-1460; and 
    4. Consider the public comments received in accordance with  9VAC5-80-1460; and
    4. 5. Completion of the final review and  analysis and the final decision determination of the board. 
    C. At its discretion, the board may undertake the following  steps prior to commencing with the public participation requirements of  9VAC5-80-1460: 
    1. The board shall initially approve the recommended emission  limitation and other terms set forth in the application, or the board shall  notify the owner in writing of its intent to disapprove the application, within  30 calendar days after the owner is notified in writing that the application is  complete. 
    2. The owner may present, in writing, within 60 calendar days  after receipt of notice of the board's intent to disapprove the application,  additional information or arguments pertaining to, or amendments to, the  application for consideration by the board before it decides whether to finally  disapprove the application. 
    3. The board shall either initially approve or issue a final  disapproval of the application within 90 days after it notifies the owner of an  intent to disapprove or within 30 days after the date additional information is  received from the owner, whichever is earlier. 
    D. The board will normally take final action on all  applications an application after expiration completion  of the public comment period (and consideration of comments from that),  unless more information is needed steps in subsections B and C of this  section, except in cases where direct consideration of the application by the  board is granted pursuant to 9VAC5-80-25. The board will review any request  made under 9VAC5-80-1460 G, and will take final action on the request and  application as provided in Part I (9VAC5-80-5 et seq.) of this chapter. 
    E. The board shall notify the applicant in writing of  its final decision on the application, including its reasons, and shall also  specify the applicable emission limitations. These emission limitations are  applicable during any emission testing conducted in accordance with  9VAC5-80-1490. 
    E. F. A final determination decision  by the board to disapprove any application shall be in writing and shall  specify the grounds on which the disapproval is based. If any application is  finally disapproved, the owner may submit a subsequent application concerning  construction or reconstruction of the same major source, provided that the  subsequent application has been amended in response to the stated grounds for  the prior disapproval. 
    F. G. The applicant may appeal the decision  pursuant to 9VAC5 Chapter 170 (9VAC5-170-190 et seq.) Part VIII  (9VAC5-170-190 et seq.) of 9VAC5-170 (Regulation for General Administration).  
    G. H. Within five days after notification to  the applicant pursuant to subsection B of this section, the notification and  any comments received pursuant to the public comment period and public hearing  shall be made available for public inspection at the same location as was the  information in 9VAC5-80-1460 H 1. 
    H. I. The board shall send a copy of any final  permit issued to a stationary source to the administrator through the  appropriate regional office and to all other state and local air pollution  control agencies having jurisdiction in affected states. Within 60 days of the  issuance of the final permit, the board shall provide a copy of such permit to  the administrator, and shall provide a summary in a compatible electronic format  for inclusion in the MACT database. 
    I. J. The effective date of a case-by-case MACT  determination shall be the date the permit becomes final. 
    J. K. On and after the date of startup, a  constructed or reconstructed major source which is subject to the requirements  of this article shall be in compliance with all applicable requirements  specified in the permit. 
    9VAC5-80-1460. Public participation. 
    A. No later than 15 days after receiving the initial  determination notification required under 9VAC5-80-1450 A, the applicant for a  permit for a major source of hazardous air pollutants shall notify the public  of the proposed source as required in subsection B of this section. The  applicant shall also provide an informational briefing about the proposed  source for the public as required in subsection C of this section. 
    B. The public notice required under this section shall be  placed by the applicant in at least one newspaper of general circulation in the  affected air quality control region. The notice shall be approved by the board  and shall include, but not be limited to, the following: 
    1. The source name, location, and type; 
    2. The applicable pollutants and the total quantity of each  which the applicant estimates will be emitted, and a brief statement of the air  quality impact of such pollutants; 
    3. The control technology proposed to be used at the time of  the publication of the notice; 
    4. The date, time and place of the informational briefing; and  
    5. The name and telephone number of a contact person employed  by the applicant who can answer questions about the proposed source. 
    C. The informational briefing shall be held in the locality  where the source is or will be located and at least 30 days, but no later than  60 days, following the day of the publication of the public notice in the  newspaper. The applicant shall inform the public about the operation and  potential air quality impact of the source and answer any questions concerning  air quality about the proposed source from those in attendance at the briefing.  At a minimum, the applicant shall provide information on and answer questions  about (i) specific pollutants and the total quantity of each which the  applicant estimates will be emitted and (ii) the control technology proposed to  be used at the time of the informational briefing. Representatives from the board  shall attend and provide information and answer questions on the permit  application review process. 
    D. Upon a determination by the board that it will achieve the  desired results in an equally effective manner, an applicant for a permit may  implement an alternative plan for notifying the public as required in  subsection B of this section and for providing the informational briefing as  required in subsection C of this section. 
    E. Prior to the decision of the board, all permit  applications shall be subject to a public comment period of at least 30 days. In  addition, at the end of the public comment period, a public hearing will be  held with notice in accordance with subsection F of this section.
    F. No sooner than 30 days after the start of the public  comment period, a public hearing shall be held in accordance with this section  for any application which has the potential for public interest concerning air  quality issues as determined by the board on the basis of the following  criteria: 
    1. Whether the project is opposed by any person; 
    2. Whether the project has resulted in adverse publicity; 
    3. Whether the project has generated adverse comment  through any public participation or governmental review process initiated by  any other governmental agency; and 
    4. Whether the project has generated adverse comment by a  local official, governing body or advisory board. 
    G. F. The board shall notify the public by  advertisement in at least one newspaper of general circulation in the area  affected of the opportunity for the public comment and the public hearing on  the information available for public inspection under the provisions of  subdivision 1 of this subsection. The notification shall be published at least  30 days prior to the day of the public hearing. Written comments will be  accepted by the board for at least 15 days after any hearing, unless the board  votes to shorten the period.
    1. Information on the permit application (exclusive of  confidential information under 9VAC5-170-60), as well as the preliminary review  and analysis and preliminary decision determination of the board,  shall be available for public inspection during the entire public comment  period in at least one location in the affected area. 
    2. A copy of the notice shall be sent to all local air pollution  control agencies having jurisdiction in the affected air quality control  region, all states sharing the affected air quality control region, and to the  regional EPA administrator. 
    3. Notices of public hearings published under this section  shall meet the requirements of § 10.1-1307.01 of the Virginia Air Pollution  Control Law. 
    G. Following the initial publication of the notice  required under subsection F of this section, the board will receive written  requests for direct consideration of the application by the board pursuant to  the requirements of 9VAC5-80-25. In order to be considered, the request must be  submitted no later than the end of the public comment period. A request for  direct consideration of an application by the board shall contain the following  information:
    1. The name, mailing address, and telephone number of the  requester.
    2. The names and addresses of all persons for whom the  requester is acting as a representative (for the purposes of this requirement,  an unincorporated association is a person).
    3. The reason why direct consideration by the board is  requested.
    4. A brief, informal statement setting forth the factual  nature and the extent of the interest of the requester or of the persons for  whom the requester is acting as representative in the application or  preliminary determination, including an explanation of how and to what extent  such interest would be directly and adversely affected by the issuance, denial  or revision of the permit in question.
    5. Where possible, specific references to the terms and  conditions of the permit in question, together with suggested revisions and  alterations of those terms and conditions that the requester considers are  needed to conform the permit to the intent and provisions of the Virginia Air  Pollution Control Law.
    H. The board will review any request made under subsection  G of this section, and will take final action on the request as provided in  9VAC5-80-1450 D.
    H. I. In order to facilitate the efficient  issuance of permits under Articles 1 and 3 of this chapter, upon request of the  applicant the board shall process the permit application under this article  using public participation procedures meeting the requirements of this section  and 9VAC5-80-270 or 9VAC5-80-670, as applicable. 
    J. If appropriate, the board may provide a public briefing  on its review of the permit application prior to the public comment period but  no later than the day before the beginning of the public comment period. If the  board provides a public briefing, the requirements of subsection F of this  section concerning public notification will be followed.
    9VAC5-80-1765. Sources affecting federal class I  areas—additional requirements. 
    A. The board shall transmit to the administrator a copy of  each permit application relating to a major stationary source or major  modification and provide notice to the administrator of the following actions  related to the consideration of such permit: 
    1. Notification of the permit application status as provided  in 9VAC5-80-1775 9VAC5-80-1773 A. 
    2. Notification of the public comment period on the  application as provided in 9VAC5-80-1775 F 5 2. 
    3. Notification of the final determination on the application  and issuance of the permit as provided in 9VAC5-80-1775 F 9 9VAC5-80-1773  D. 
    4. Notification of any other action deemed appropriate by the  board. 
    B. The board shall provide written notice of any permit  application for a proposed major stationary source or major modification, the  emissions from which may affect a class I area, to the federal land manager and  the federal official charged with direct responsibility for management of any  lands within any such area. Such notification shall include a copy of all  information relevant to the permit application and shall be given within 30  days of receipt and at least 60 days prior to any public hearing on the  application for a permit to construct. Such notification shall include an  analysis of the proposed source's anticipated impacts on visibility in the  federal class I area. The board shall also provide the federal land manager and  such federal officials with a copy of the preliminary determination required  under 9VAC5-80-1775 F 9VAC5-80-1773 B, and shall make available  to them any materials used in making that determination, promptly after the  board makes such determination. Finally, the board shall also notify all  affected federal land managers within 30 days of receipt of any advance  notification of any such permit application. 
    C. The federal land manager and the federal official charged  with direct responsibility for management of such lands have an affirmative  responsibility to protect the air quality related values (including visibility)  of such lands and to consider, in consultation with the board, whether a  proposed source or modification will have an adverse impact on such values. 
    D. The board shall consider any analysis performed by the  federal land manager, provided within 30 days of the notification required by  subsection B of this section, that shows that a proposed new major stationary  source or major modification may have an adverse impact on visibility in any  federal class I area. Where the board finds that such an analysis does not  demonstrate to the satisfaction of the board that an adverse impact on  visibility will result in the federal class I area, the board shall, in the  notice of public hearing on the permit application, either explain this  decision or give notice as to where the explanation can be obtained. 
    E. The federal land manager of any such lands may demonstrate  to the board that the emissions from a proposed source or modification would  have an adverse impact on the air quality-related values (including visibility)  of those lands, notwithstanding that the change in air quality resulting from  emissions from such source or modification would not cause or contribute to  concentrations that would exceed the maximum allowable increases for a class I  area. If the board concurs with such demonstration, then it shall not issue the  permit. 
    F. The owner of a proposed source or modification may  demonstrate to the federal land manager that the emissions from such source or  modification would have no adverse impact on the air quality related values of  any such lands (including visibility), notwithstanding that the change in air  quality resulting from emissions from such source or modification would cause  or contribute to concentrations that would exceed the maximum allowable  increases for a class I area. If the federal land manager concurs with such  demonstration and so certifies, the board may, provided that the applicable  requirements of this article are otherwise met, issue the permit with such  emission limitations as may be necessary to assure that emissions of sulfur  dioxide, particulate matter, and nitrogen oxides would not exceed the following  maximum allowable increases over minor source baseline concentration for such  pollutants: 
           | MAXIMUM ALLOWABLE INCREASE (micrograms per cubic meter)
 | 
       | Particulate matter: | 
       |   | PM10,    annual geometric mean | 17 | 
       |   | PM10,    24 hour maximum | 30 | 
       | Sulfur dioxide: | 
       |   | Annual    arithmetic mean | 20 | 
       |   | 24-hour    maximum | 91 | 
       |   | Three-hour    maximum | 325 | 
       | Nitrogen dioxide: | 
       |   | Annual    arithmetic mean | 25 | 
  
    G. The owner of a proposed source or modification that cannot  be approved under subsection F of this section may demonstrate to the governor  that the source or modification cannot be constructed by reason of any maximum  allowable increase for sulfur dioxide for a period of 24 hours or less  applicable to any class I area and, in the case of federal mandatory class I  areas, that a variance under this clause would not adversely affect the air  quality related values of the area (including visibility). The governor, after  consideration of the federal land manager's recommendation (if any) and subject  to the federal land manager's concurrence, may, after notice and public  hearing, grant a variance from such maximum allowable increase. If such  variance is granted, the board shall issue a permit to such source or  modification pursuant to the requirements of subsection I of this section,  provided that the applicable requirements of this article are otherwise met. 
    H. In any case whether the governor recommends a variance in  which the federal land manager does not concur, the recommendations of the  governor and the federal land manager shall be transmitted to the president.  The president may approve the governor's recommendation if he finds that the  variance is in the national interest. If the variance is approved, the board  shall issue a permit pursuant to the requirements of subsection I of this  section, provided that the applicable requirements of this article are  otherwise met. 
    I. In the case of a permit issued pursuant to subsection G or  H of this section the source or modification shall comply with such emission  limitations as may be necessary to assure that emissions of sulfur dioxide from  the source or modification would not (during any day on which the otherwise  applicable maximum allowable increases are exceeded) cause or contribute to  concentrations that would exceed the following maximum allowable increases over  the baseline concentration and to assure that such emissions would not cause or  contribute to concentrations which exceed the otherwise applicable maximum  allowable increases for periods of exposure of 24 hours or less for more than  18 days, not necessarily consecutive, during any annual period: 
           | MAXIMUM ALLOWABLE INCREASE(micrograms per cubic meter)
 | 
       | Period of exposure | Low terrain areas | High terrain areas | 
       | 24-hour maximum | 36 | 62 | 
       | 3-hour maximum | 130 | 221 | 
  
    9VAC5-80-1773. Action on permit application.
    A. Within 30 days after receipt of an application, the  board will notify the applicant of the status of the application. The  notification of the initial determination with regard to the status of the  application will be provided by the board in writing and will include (i) a  determination as to which provisions of the new source review program are  applicable, (ii) the identification of any deficiencies, and (iii) a  determination as to whether the application contains sufficient information to  begin application review. The determination that the application has sufficient  information to begin review is not necessarily a determination that it is  complete. Within 30 days after receipt of any additional information, the board  will notify the applicant in writing of any deficiencies in such information.  The date of receipt of a complete application shall be, for the purpose of this  article, the date on which the board received all required information and the  provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have been  met, if applicable.
    B. The board will normally process an application  according to the steps specified in subdivisions 1 through 4 of this  subsection.  Processing time for these steps is normally one year  following receipt of a complete application. The board may extend this time  period if additional information is needed.
    1. Complete the preliminary review and analysis in  accordance with 9VAC5-80-1705 and the preliminary determination whether  construction should be approved, approved with conditions, or disapproved.
    2. Complete the public participation requirements in  accordance with 9VAC5-80-1775.
    3. Consider the public comments received in accordance with  9VAC5-80-1775.
    4. Complete the final review and analysis and the final  determination of the board.
    C. The board will consider all written comments submitted  within a time specified in the notice of public comment and all comments  received at any public hearing in making a final decision on the application.  No later than 10 days after the close of the public comment period, the  applicant may submit a written response to any comments submitted by the  public. The board will consider the applicant's response in making a final  decision. The board will make all comments available for public inspection in  the same locations where the board made available preconstruction information  relating to the proposed source or modification.
    D. The board will make a final decision on an application  after completion of the steps in subsections B and C of this section except in  cases where direct consideration of the application by the board is granted  pursuant to 9VAC5-80-25. The board will review any request made under  9VAC5-80-1775 G, and will take final action on the request and application as  provided in Part I (9VAC5-80-5 et seq.) of this chapter.
    E. The board will notify the applicant in writing of the  final decision and make such notification available for public inspection at  the same location where the board made available preconstruction information  and public comments relating to the source or modification.
    F. The applicant may appeal the decision pursuant to Part  VIII (9VAC5-170-190 et seq.) of 9VAC5-170 (Regulation for General  Administration).
    G. Within five days after notification to the applicant  pursuant to subsection C of this section, the notification and any comments  received pursuant to the public comment period and public hearing will be made  available for public inspection at the same location as was the information in  9VAC5-80-1775 F 1.
    9VAC5-80-1775. Public participation. 
    A. Within 30 days after receipt of an application, the  board will notify the applicant of the status of the application. The  notification of the initial determination with regard to the status of the  application will be provided by the board in writing and will include (i) a  determination as to which provisions of the new source review program are  applicable, (ii) the identification of any deficiencies and (iii) a  determination as to whether the application contains sufficient information to  begin application review. The determination that the application has sufficient  information to begin review is not necessarily a determination that it is  complete. Within 30 days after receipt of any additional information, the board  will notify the applicant in writing of any deficiencies in such information.  The date of receipt of a complete application shall be, for the purpose of this  article, the date on which the board received all required information and the  provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have been  met, if applicable. 
    B. A. No later than 30 days after receiving the  initial determination notification required under subsection A of this  section 9VAC5-80-1773 A, the applicant shall notify the public about  the proposed source as required in subsection C B of this  section. The applicant shall also provide an informational briefing about the  proposed source for the public as required in subsection D C of  this section. 
    C. B. The public notice required under  subsection B A of this section shall be placed by the applicant  in at least one newspaper of general circulation in the affected air quality  control region. The notice shall be approved by the board and shall include,  but not be limited to, the name, location, and type of the source, and the time  and place of the informational briefing. 
    D. C. The informational briefing shall be held  in the locality where the source is or will be located and at least 30 days,  but no later than 60 days, following the day of the publication of the public  notice in the newspaper. The applicant shall inform the public about the  operation and potential air quality impact of the source and answer any  questions concerning air quality about the proposed source from those in  attendance at the briefing. At a minimum, the applicant shall provide  information on and answer questions about (i) specific pollutants and the total  quantity of each which the applicant estimates will be emitted and (ii) the  control technology proposed to be used at the time of the informational  briefing. Representatives from the board will attend and provide information  and answer questions on the permit application review process. 
    E. D. Upon a determination by the board that it  will achieve the desired results in an equally effective manner, an applicant  for a permit may implement an alternative plan for notifying the public as  required in subsection C B of this section and for providing the  informational briefing as required in subsection D C of this  section. 
    F. Within one year after receipt of a complete  application, the board will make a final determination on the application. This  involves performing the following actions in a timely manner: 
    1. Make a preliminary determination whether construction  should be approved, approved with conditions, or disapproved. 
    2. Make available in at least one location in each air  quality control region in which the proposed source or modification would be  constructed a copy of all materials the applicant submitted (exclusive of  confidential information under 9VAC5-170-60), a copy of the preliminary  determination and a copy or summary of other materials, if any, considered in  making the preliminary determination. 
    3. If appropriate, hold a public briefing on the  preliminary determination prior to the public comment period but no later than  the day before the beginning of the public comment period. The board will  notify the public of the time and place of the briefing, by advertisement in a  newspaper of general circulation in the air quality control region in which the  proposed source or modification would be constructed. The notification will be  published at least 30 days prior to the day of the briefing. 
    4. Notify the public, by advertisement in a newspaper of  general circulation in each region in which the proposed source or modification  would be constructed, of the application, the preliminary determination, the  degree of increment consumption that is expected from the source or  modification, and the opportunity for comment at a public hearing as well as  written public comment. The notification will contain a statement of the  estimated local impact of the proposed source or modification, which at a minimum  will provide information regarding specific pollutants and the total quantity  of each which may be emitted, and will list the type and quantity of any fuels  to be used. The notification will be published at least 30 days prior to the  day of the hearing. Written comments will be accepted by the board for at least  15 days after any hearing, unless the board votes to shorten the period.  Notices of public comment periods and public hearings for major stationary  sources and major modifications published under this section shall meet the  requirements of § 10.1-1307.01 of the Virginia Air Pollution Control Law. 
    5. Send a copy of the notice of public comment to the  applicant, the administrator and to officials and agencies having cognizance  over the location where the proposed construction would occur as follows: local  air pollution control agencies, the chief elected official and chief  administrative officer of the city and county where the source or modification  would be located and any other locality particularly affected, the planning  district commission, and any state, federal land manager, or Indian governing  body whose lands may be affected by emissions from the source or modification. 
    6. Provide opportunity for a public hearing for interested  persons to appear and submit written or oral comments on the air quality impact  of the source or modification, alternatives to the source or modification, the  control technology required, and other appropriate considerations. 
    7. Consider all written comments submitted within a time  specified in the notice of public comment and all comments received at any  public hearing(s) in making a final decision on the approvability of the  application. No later than 10 days after the close of the public comment  period, the applicant may submit a written response to any comments submitted  by the public. The board will consider the applicant's response in making a  final decision. The board will make all comments available for public  inspection in the same locations where the board made available preconstruction  information relating to the proposed source or modification. 
    8. Make a final determination whether construction should  be approved, approved with conditions, or disapproved pursuant to this article.  
    9. Notify the applicant in writing of the final  determination and make such notification available for public inspection at the  same location where the board made available preconstruction information and  public comments relating to the source or modification. 
    E. The board will provide opportunity for a public hearing  for interested persons to appear and submit written or oral comments on the air  quality impact of the source or modification, alternatives to the source or  modification, the control technology required, and other appropriate  considerations.
    F. The board will notify the public, by advertisement in a  newspaper of general circulation in each region in which the proposed source or  modification would be constructed, of the application, the preliminary  determination, the degree of increment consumption that is expected from the  source or modification, and the opportunity for comment at a public hearing as  well as written public comment. The notification will contain a statement of  the estimated local impact of the proposed source or modification, which at a  minimum will provide information regarding specific pollutants and the total  quantity of each that may be emitted, and will list the type and quantity of  any fuels to be used. The notification will be published at least 30 days prior  to the day of the public hearing. Written comments will be accepted by the  board for at least 15 days after any hearing, unless the board votes to shorten  the period.
    1. All materials the applicant submitted (exclusive of  confidential information under 9VAC5-170-60), a copy of the preliminary  determination and a copy or summary of other materials, if any, considered in  making the preliminary determination will be available for public inspection  during the entire public comment period in at least one location in the  affected air quality control region.
    2. A copy of the notice will be sent to the applicant, the  administrator and to officials and agencies having cognizance over the location  where the proposed construction would occur as follows: local air pollution  control agencies, the chief elected official and chief administrative officer  of the city and county where the source or modification would be located and  any other locality particularly affected, the planning district commission, and  any state, federal land manager, or Indian governing body whose lands may be  affected by emissions from the source or modification.
    3. Notices of public comment periods and public hearings  for major stationary sources and major modifications published under this  section shall meet the requirements of § 10.1-1307.01 of the Virginia Air  Pollution Control Law.
    G. Following the initial publication of the notice  required under subsection F of this section, the board will receive written  requests for direct consideration of the application by the board pursuant to  the requirements of 9VAC5-80-25. In order to be considered, the request must be  submitted no later than the end of the public comment period. A request for  direct consideration of an application by the board shall contain the following  information:
    1. The name, mailing address, and telephone number of the  requester.
    2. The names and addresses of all persons for whom the  requester is acting as a representative (for the purposes of this requirement,  an unincorporated association is a person).
    3. The reason why direct consideration by the board is  requested.
    4. A brief, informal statement setting forth the factual  nature and the extent of the interest of the requester or of the persons for  whom the requester is acting as representative in the application or  preliminary determination, including an explanation of how and to what extent  such interest would be directly and adversely affected by the issuance, denial  or revision of the permit in question.
    5. Where possible, specific references to the terms and  conditions of the permit in question, together with suggested revisions and  alterations of those terms and conditions that the requester considers are  needed to conform the permit to the intent and provisions of the Virginia Air  Pollution Control Law.
    H. The board will review any request made under subsection  G of this section, and will take final action on the request as provided in  9VAC5-80-1773 D.
    G. I. In order to facilitate the efficient  issuance of permits under Articles 1 (9VAC5-80-50 et seq.) and 3 (9VAC5-80-360  et seq.) of this part, upon request of the applicant the board will process the  permit application under this article using public participation procedures  meeting the requirements of this section and 9VAC5-80-270 or 9VAC5-80-670, as  applicable. 
    J. If appropriate, the board may hold a public briefing on  the preliminary determination prior to the public comment period but no later  than the day before the beginning of the public comment period. The board will  notify the public of the time and place of the briefing by advertisement in a  newspaper of general circulation in the air quality control region in which the  proposed source or modification would be constructed. The notification will be  published at least 30 days prior to the day of the briefing.
    9VAC5-80-1955. Significant amendment procedures. 
    A. The criteria for use of significant amendment procedures  are as follows: 
    1. Significant amendment procedures shall be used for  requesting permit amendments that do not qualify as minor permit amendments  under 9VAC5-80-1945 or as administrative amendments under 9VAC5-80-1935. 
    2. Significant amendment procedures shall be used for those  permit amendments that meet any of the following criteria: 
    a. Involve significant changes to existing monitoring,  reporting, or recordkeeping requirements that would make the permit  requirements less stringent, such as a change to the method of monitoring to be  used, a change to the method of demonstrating compliance or a relaxation of  reporting or recordkeeping requirements. 
    b. Require or change a case-by-case determination of an  emission limitation or other standard. 
    c. Seek to establish or change a permit term or condition (i)  for which there is no corresponding underlying applicable regulatory  requirement and (ii) that the source has assumed to avoid an applicable  regulatory requirement to which the source would otherwise be subject. Such  terms and conditions include, but are not limited to, an emissions cap assumed  to avoid classification as a modification under the new source review program. 
    B. A request for a significant permit amendment shall include  a description of the change, the emissions resulting from the change, and any  new applicable regulatory requirements that will apply if the change occurs.  The applicant may, at his the applicant's discretion, include a  suggested draft permit amendment. 
    C. The provisions of 9VAC5-80-1775 shall apply to requests  made under this section. 
    D. The board will normally take final action on significant  permit amendments within 90 180 days after receipt of a complete  request, except in cases where direct consideration of the request by the  board is granted pursuant to 9VAC5-80-25. If a public comment period is  required, processing time for a permit is normally 180 days following receipt  of a complete application. The board may extend this time period if  additional information is required or if a public hearing is conducted under  9VAC5-80-1775 needed. 
    E. The owner shall not make the change applied for in the  significant amendment request until the amendment is approved by the board  under subsection D of this section. 
    9VAC5-80-2060. Action on permit application. 
    A. Within 30 days after receipt of an application, the board  will notify the applicant of the status of the application. The notification of  the initial determination with regard to the status of the application shall be  provided by the board in writing and shall include (i) a determination as to  which provisions of the new source review program are applicable, (ii) the  identification of any deficiencies, and (iii) a determination as to whether the  application contains sufficient information to begin application review. The  determination that the application has sufficient information to begin review  is not necessarily a determination that it is complete. Within 30 days after  receipt of any additional information, the board will notify the applicant in  writing of any deficiencies in such information. The date of receipt of a  complete application for processing under subsection B of this section shall be  the date on which the board received all required information and the  provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have been  met, if applicable. 
    B. The board will normally process an application  according to the steps specified in subdivisions 1 through 4 of this  subsection. Processing time for a permit these steps is  normally 180 days following receipt of a complete application. The board may  extend this time period if additional information is required needed.  Processing steps may include, but not be limited to, the following: 
    1. Completion of Complete the preliminary review  and analysis in accordance with 9VAC5-80-2090 and the preliminary decision  determination of the board. 
    2. Completion of Complete the public  participation requirements in accordance with 9VAC5-80-2070. 
    3. Consider the public comments received in accordance with  9VAC5-80-2070.
    3. Completion of 4. Complete the final review  and analysis and the final decision determination of the board. 
    C. The board will normally take final action on all  applications an application after completion of the review and  analysis, or expiration of the public comment period (and consideration of  comments from it) when required, unless more information is needed steps  in subsection B of this section, except in cases where direct consideration of  the application by the board is granted pursuant to 9VAC5-80-25. The  board will review any request made under 9VAC5-80-2070 G, and will take final  action on the request and application as provided in Part I (9VAC5-80-5 et  seq.) of this chapter. 
    D. The board will notify the applicant in writing of  its decision on the application, including its reasons, and shall also specify  the applicable emission limitations. These emission limitations are applicable  during any emission testing conducted in accordance with 9VAC5-80-2080. 
    D. E. The applicant may appeal the decision  pursuant to Part VIII (9VAC5-170-190 et seq.) of 9VAC5 Chapter 170. 
    E. F. Within five days after notification to  the applicant pursuant to subsection C of this section, the notification and  any comments received pursuant to the public comment period and public hearing  shall be made available for public inspection at the same location as was the  information in 9VAC5-80-2070 F 1. 
    9VAC5-80-2070. Public participation. 
    A. No later than 30 days after receiving the initial  determination notification required under 9VAC5-80-2060 A, applicants the  applicant shall notify the public about the proposed source as required in  subsection B of this section. The applicant shall also provide an informational  briefing about the proposed source for the public as required in subsection C  of this section. 
    B. The public notice required under subsection A of this  section shall be placed by the applicant in at least one newspaper of general  circulation in the affected air quality control region. The notice shall be  approved by the board and shall include, but not be limited to, the name,  location, and type of the source, and the time and place of the informational  briefing. 
    C. The informational briefing shall be held in the locality  where the source is or will be located and at least 30 days, but no later than  60 days, following the day of the publication of the public notice in the  newspaper. The applicant shall inform the public about the operation and  potential air quality impact of the source and answer any questions concerning  air quality about the proposed source from those in attendance at the briefing.  At a minimum, the applicant shall provide information on and answer questions  about (i) specific pollutants and the total quantity of each which the  applicant estimates will be emitted and (ii) the control technology proposed to  be used at the time of the informational briefing. Representatives from the  board will attend and provide information and answer questions on the permit  application review process. 
    D. Upon determination by the board that it will achieve the  desired results in an equally effective manner, an applicant for a permit may  implement an alternative plan for notifying the public as required in  subsection B of this section and for providing the informational briefing as  required in subsection C of this section. 
    E. Prior to the decision of the board, all permit  applications will be subject to a public comment period of at least 30 days. In  addition, at the end of the public comment period, a public hearing shall be  held with notice in accordance with subsection F of this section. 
    F. For the public comment period and public hearing, the  The board will notify the public, by advertisement in at least one  newspaper of general circulation in the affected air quality control region, of  the opportunity for public comment and the public hearing on the information  available for public inspection under the provisions of subdivision 1 of this  subsection. The notification shall be published at least 30 days prior to the  day of the public hearing. Written comments will be accepted by the board  for at least 15 days after any hearing, unless the board votes to shorten the  period.
    1. Information on the permit application (exclusive of  confidential information under 9VAC5-170-60), as well as the preliminary review  and analysis and preliminary decision determination of the board,  shall be available for public inspection during the entire public comment  period in at least one location in the affected air quality control region. 
    2. A copy of the notice shall be sent to all local air  pollution control agencies having jurisdiction in the affected air quality  control region, all states sharing the affected air quality control region, and  to the regional administrator, U.S. Environmental Protection Agency. 
    3. Notices of public comment periods and public hearings for  major stationary sources and major modifications published under this section  shall meet the requirements of § 10.1-1307.01 of the Virginia Air Pollution Control  Law. 
    G. Following the initial publication of the notice  required under subsection F of this section, the board will receive written  requests for direct consideration of the application by the board pursuant to  the requirements of 9VAC5-80-25. In order to be considered, the request must be  submitted no later than the end of the public comment period. A request for  direct consideration of an application by the board shall contain the following  information:
    1. The name, mailing address, and telephone number of the  requester.
    2. The names and addresses of all persons for whom the  requester is acting as a representative (for the purposes of this requirement,  an unincorporated association is a person).
    3. The reason why direct consideration by the board is requested.
    4. A brief, informal statement setting forth the factual  nature and the extent of the interest of the requester or of the persons for  whom the requester is acting as representative in the application or  preliminary determination, including an explanation of how and to what extent  such interest would be directly and adversely affected by the issuance, denial  or revision of the permit in question.
    5. Where possible, specific references to the terms and  conditions of the permit in question, together with suggested revisions and  alterations of those terms and conditions that the requester considers are  needed to conform the permit to the intent and provisions of the Virginia Air  Pollution Control Law.
    H. The board will review any request made under subsection  G of this section, and will take final action on the request as provided in  9VAC5-80-2060 C.
    G. I. In order to facilitate the efficient  issuance of permits under Articles 1 (9VAC5-80-50 et seq.) and 3 (9VAC5-80-360  et seq.) of this part, upon request of the applicant the board will process the  permit application under this article using public participation procedures  meeting the requirements of this section and 9VAC5-80-270 or 9VAC5-80-670, as  applicable. 
    H. J. If appropriate, the board may provide a  public briefing on its review of the permit application prior to the public  comment period but no later than the day before the beginning of the public  comment period. If the board provides a public briefing, the requirements of  subsection F of this section concerning public notification shall be followed. 
    9VAC5-80-2230. Significant amendment procedures. 
    A. The criteria for use of significant amendment procedures  are as follows: 
    1. Significant amendment procedures shall be used for  requesting permit amendments that do not qualify as minor permit amendments  under 9VAC5-80-2220 or as administrative amendments under 9VAC5-80-2210. 
    2. Significant amendment procedures shall be used for those  permit amendments that meet any of the following criteria: 
    a. Involve significant changes to existing monitoring,  reporting, or record keeping requirements that would make the permit  requirements less stringent, such as a change to the method of monitoring to be  used, a change to the method of demonstrating compliance or a relaxation of  reporting or recordkeeping requirements. 
    b. Require or change a case-by-case determination of an  emission limitation or other standard. 
    c. Seek to establish or change a permit term or condition (i)  for which there is no corresponding underlying applicable regulatory  requirement and (ii) that the source has assumed to avoid an applicable  regulatory requirement to which the source would otherwise be subject. Such  terms and conditions include, but are not limited to, an emissions cap assumed  to avoid classification as a modification under the new source review program. 
    B. A request for a significant permit amendment shall include  a description of the change, the emissions resulting from the change, and any  new applicable regulatory requirements that will apply if the change occurs.  The applicant may, at his the applicant's discretion, include a  suggested draft permit amendment. 
    C. The provisions of 9VAC5-80-2070 shall apply to requests  made under this section. 
    D. The board will normally take final action on significant  permit amendments within 90 180 days after receipt of a complete  request except in cases where direct consideration of the request by the  board is granted pursuant to 9VAC5-80-25. If a public comment period is  required, processing time for a permit is normally 180 days following receipt  of a complete application. The board may extend this time period if  additional information is required or if a public hearing is conducted under  9VAC5-80-2070 needed. 
    E. The owner shall not make the change applied for in the  significant amendment request until the amendment is approved by the board  under subsection D of this section. 
    Part II 
  General Provisions 
    9VAC5-170-30. Applicability. 
    A. The provisions of this chapter, unless specified  otherwise, shall apply throughout the Commonwealth of Virginia. 
    B. The provisions of this chapter, unless specified  otherwise, shall apply in the administration of all regulations of the board to  the extent not covered in a specific regulation of the board. In cases where  the provisions of this chapter conflict with another regulation of the board,  the provisions of the other regulation shall apply. 
    C. No provision of this chapter shall limit the power of the  board to take appropriate action as necessary to control and abate air  pollution in emergency situations. 
    D. By the adoption of this chapter, the board confers upon  the department the administrative, enforcement, and decision-making authority  articulated in this chapter except as restricted in 9VAC5-170-220 Part  VII (9VAC5-170-180 et seq.) of this chapter. 
    Part VII 
  Delegation of Authority 
    9VAC5-170-180. General provisions. 
    A. In accordance with the Virginia Air Pollution Control Law  and the Administrative Process Act, the board confers upon the director the  administrative, enforcement, and decision-making powers as are set forth in  this part. The board reserves the right to exercise its authority in any of the  following delegated powers should it choose to do so, except as limited by  §§ 10.1-1322 and 10.1-1322.01 of the Code of Virginia. 
    B. The director is delegated the authority to act within the  scope of the Virginia Air Pollution Control Law and the regulations of the  board and for the board when it is not in session except for the authority to: 
    1. Control and regulate the internal affairs of the board; 
    2. Approve proposed regulations for public comment and adopt  final regulations; 
    3. Grant variances to regulations; 
    4. Approve amendments to a policy or procedure approved by the  board except as may be otherwise provided; 
    5. Appoint people to the State Advisory Board on Air  Pollution; 
    6. Create local air pollution control districts and appoint  representatives; and 
    7. Approve local ordinances except those that concern pertain  solely to open burning as provided in 9VAC5-40-5640 D. 
    C. The board may exercise its authority for direct  consideration of permit applications in cases where one or more of the  following issues is involved in the evaluation of the application: (i) the  stationary source generates public concern relating to air quality issues; (ii)  the stationary source is precedent setting; or (iii) the stationary source is a  major stationary source or major modification expected to impact on a  nonattainment area or class I area. 
    D. The director shall notify the board chairman of permit  applications falling within the categories specified in subsection C of this  section and the board chairman shall advise the director of those permits the  board wishes to consider directly. 
    Part VIII 
  Appeal of Board Actions 
    9VAC5-170-190. General provisions. 
    A. Except as provided in subsection subsections  B and C of this section, this part applies to the appeal of case  decisions and other actions or inactions of the board. 
    B. Provisions The provisions of this part do  not apply to the appeal of the promulgation of regulations or variances.  Appeals of the promulgation of regulations and variances shall be pursued under  Article 4 (§9-6.14:15 § 2.2-4026 et seq.) of the  Administrative Process Act. 
    C. The provisions of this part do not apply to permit  actions subject to Part I (9VAC5-80-5 et seq.) of 9VAC5-80 with respect to any  party except the named party.
    9VAC5-170-200. Appeal procedures.
    A. An owner or other party significantly affected by an  action of the board taken without a formal hearing, or by inaction of the  board, may request a formal hearing in accordance with §9-6.14:12 § 2.2-4020  of the Administrative Process Act, provided a petition requesting a formal  hearing is filed with the board. In cases involving actions of the board, the  petition shall be filed within 30 days after notice of the action is mailed or  delivered to the owner or party requesting notification of the action. 
    B. Prior to a formal hearing, an informal fact finding shall  be held pursuant to §9-6.14.11 § 2.2-4019 of the Administrative  Process Act unless waived by the named party and the board. 
    C. A decision of the board resulting from a formal hearing  shall constitute the final decision of the board. 
    D. Judicial review of a final decision of the board shall be  afforded in accordance with § 10.1-1318 of the Virginia Air Pollution  Control Law and §9-6.14:16 § 2.2-4026 of the Administrative  Process Act. 
    E. Nothing in this section shall prevent disposition of a  case by consent. 
    F. A petition for a formal hearing or a notice or petition  for an appeal by itself shall not constitute a stay of decision or action. 
    G. A party significantly affected by a decision of the  director may request that the board exercise its authority for direct  consideration of the issue. The request shall be filed within 30 days after the  decision is rendered and shall contain reasons for the request. 
    H. The submittal of the request by itself shall not  constitute a stay of decision. A stay of decision shall be sought through  appropriate legal channels. 
    I. The director has final authority to adjudicate contested  decisions of subordinates delegated powers by him the director  prior to appeal of decisions to the circuit court or consideration by the  board. 
    VA.R. Doc. No. R09-1364; Filed November 3, 2008, 3:12 p.m. 
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Forms
        NOTICE: The following  forms have been filed by the State Water Control Board. The forms are available  for public inspection at the Department of Environmental Quality, 629 East Main  Street, Richmond, VA 23218, or at the Office of the Registrar of Regulations,  General Assembly Building, 2nd Floor, Richmond, VA 23219. Copies of the forms  may be obtained from Cindy Berndt, Director, Regulatory Affairs, Department of  Environmental Quality, 629 East Main Street, Richmond, VA 23218, or email  cmberndt@deq.virginia.gov.
         Title of Regulation: 9VAC25-790. Sewage Collection  and Treatment Regulations. 
    FORMS (9VAC25-790)
    Application for Certificate  to Construct (CTC) Under the Sewage Collection and Treatment Regulations,  9VAC25-790 (eff. 10/30/2008).
    Application for Certificate to Operate Under the Sewage  Collection and Treatment Regulations, 9VAC25-790 (eff. 10/30/2008).
    VA.R. Doc. No. R09-1682; Filed November 4, 2008, 1:54 p.m. 
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Final Regulation
        REGISTRAR'S NOTICE: The  following regulation filed by the State Water Control Board is exempt from the  Administrative Process Act in accordance with § 2.2-4006 A 9 of the Code  of Virginia, which exempts general permits issued by the State Water Control  Board pursuant to the State Water Control Law (§ 62.1-44.2 et seq.), Chapter  24 (§ 62.1-242 et seq.) of Title 62.1 and Chapter 25 (§ 62.1-254 et  seq.) of Title 62.1, if the board (i) provides a Notice of Intended Regulatory  Action in conformance with the provisions of § 2.2-4007.01, (ii) following  the passage of 30 days from the publication of the Notice of Intended  Regulatory Action forms a technical advisory committee composed of relevant  stakeholders, including potentially affected citizens groups, to assist in the  development of the general permit, (iii) provides notice and receives oral and  written comment as provided in § 2.2-4007.03, and (iv) conducts at least  one public hearing on the proposed general permit.
         Title of Regulation: 9VAC25-860. General Virginia  Pollutant Discharge Elimination System (VPDES) Permit for Potable Water Treatment  Plants (adding 9VAC25-860-10 through 9VAC25-860-70). 
    Statutory Authority: § 62.1-44.15 of the Code of  Virginia; § 402 of the Clean Water Act.
    Effective Date: December 24, 2008. 
    Agency Contact: George E. Cosby, Department of  Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218,  telephone (804) 698-4067, or email gecosby@deq.virginia.gov.
    Summary:
    This regulation establishes appropriate and necessary  permitting requirements for discharge of wastewater from potable water  treatment plants. The regulation sets forth standard language for effluent  limitations and monitoring requirements necessary to regulate this category of  dischargers.
    Two changes were made to the regulation from proposed to  final. Both can be found in 9VAC25-860-70. The first change is to the reverse  osmosis Part 1A effluent limitations for the total dissolved solids (TDS)  maximum limitation of 800 mg/l to no limitation, monitoring requirements only.  The change is in accordance with Effluent Guidance for Reverse Osmosis (RO)  Plants Inter-Department Memorandum dated August 7, 1987. This memorandum states  the TDS limit applies to RO plant wastewater discharges where the raw water  source is well water. This general permit is applicable to reverse osmosis  potable water treatment plants that use surface water as the raw water source.
    The second change is to the reverse osmosis Part A effluent  limitations for dissolved oxygen maximum limitation 0.011 mg/l to "not  applicable" (NA). The change is a correction of a typographical error.
    CHAPTER 860 
  GENERAL VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT FOR  POTABLE WATER TREATMENT PLANTS 
    9VAC25-860-10. Definitions.
    The words and terms used in this regulation shall have the  meanings defined in the State Water Control Law and 9VAC25-31, VPDES Permit  Regulation, unless the context clearly indicates otherwise, except that for the  purposes of this chapter:
    "Potable water treatment plants" means  establishments primarily engaged in distributing water for sale for domestic,  commercial, and industrial use as designated by Standard Industrial Classified  (SIC) Code 4941 – Water Supply (Office of Management and Budget (OMB) SIC  Manual, 1987).
    "Reverse osmosis" means a method of water  treatment that involves the application of pressure to a concentrated solution  that causes the passage of a liquid from the concentrated solution to a weaker  solution across a semi-permeable membrane. The membrane allows the passage of  the solvent (water) but not the dissolved solids (solutes).
    9VAC25-860-20. Purpose.
    This general permit regulation governs the discharge of  wastewater from potable water treatment plants to surface waters.
    9VAC25-860-30. Delegation of authority.
    The director, or an authorized representative, may perform  any act of the board provided under this chapter, except as limited by § 62.1-44.14 of the Code of Virginia.
    9VAC25-860-40. Effective date of the permit.
    This general permit will become effective on  [ *****December  24, ] 2008. This general permit will expire five years after the  effective date. This general permit is effective for any covered owner upon  compliance with all the provisions of 9VAC25-860-50 and the receipt of this  general permit.
    9VAC25-860-50. Authorization to discharge.
    A. Any owner governed by this general permit is hereby  authorized to discharge to surface waters of the Commonwealth of Virginia  provided that the owner files and receives acceptance by the board of the  registration statement of 9VAC25-860-60, files the required permit fee,  complies with the effluent limitations and other requirements of 9VAC25-860-70,  and provided that:
    1. The owner has not been required to obtain an individual  permit according to 9VAC25-31-170 B 3;
    2. The proposed discharge is not to state waters  specifically named in other board regulations or policies that prohibit such  discharges; and
    3. The owner demonstrates that there is not a reasonable  potential for toxicity by performing a toxicity screening, the results of which  are to be submitted with the registration statement. The toxicity screening  shall consist of a minimum of four sets (set = vertebrate and invertebrate) of  acute or chronic tests that reflect the characteristics of the current effluent  using the following tests and organisms.
           | For an intermittent or    batch discharger | 48 hour static acute    toxicity tests | 
       |   | Freshwater    organisms | Pimephales promelas or    Oncorhynchus mykiss (for cold water) (vertebrates)  Ceriodaphnia dubia    (invertebrate) | 
       |   | Saltwater organisms | Cyprinodon variegates    (vertebrate) Americamysis bahia    (invertebrate) | 
       | For a continuous discharger |   | 
       |   | Freshwater | 7-Day Chronic Static    Renewal Larval Survival and Growth Test with Pimephales promelas (vertebrate) | 
       | 3-Brood Chronic Static    Renewal Survival and Reproduction Test with Ceriodaphnia dubia (invertebrate) | 
       |   |   Saltwater | 7-Day Chronic Static    Renewal Larval Survival and Growth Test with Cyprinodon variegatus    (vertebrate) | 
       |   |   | 7-Day    Chronic Static Renewal Survival, Growth and Fecundity Test with Americamysis    bahia (invertebrate) | 
  
    Freshwater organisms are used where the salinity of the  receiving water is less than 1.0%. Where the salinity of the receiving water is  greater than 1.0% but less than 5.0% either freshwater or saltwater organisms  may be used. Saltwater organisms are used where the salinity is greater than  5.0%.
    There shall be a minimum of 30 days between sets of tests,  and test procedures shall follow 40 CFR Part 136, which references the EPA  guidance manuals for whole effluent toxicity testing. The data will be  evaluated statistically to see if there is reasonable potential for toxicity;  if such a potential exists, the facility must either continue operation under  its existing individual VPDES permit, or apply for an individual VPDES permit.
    Facilities that are subject to the requirements of  9VAC25-820-70 Part I G 1 (General VPDES Watershed Permit Regulation for Total  Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake  Watershed in Virginia - Requirement to Register), are excluded from coverage  under this general permit.
    B. Receipt of this general permit does not relieve any  owner of the responsibility to comply with any other federal, state or local  statute, ordinance or regulation.
    9VAC25-860-60. Registration statement.
    The owner/operator shall file a complete VPDES general  permit registration statement for potable water treatment plants. Any  owner/operator proposing a new discharge shall file the registration statement  at least 60 days prior to the date planned for commencing operation of the new  discharge. Any owner of an existing potable water treatment plants covered by  an individual VPDES permit who is proposing to be covered by this general  permit shall file the registration statement at least 180 days prior to the  expiration date of the individual VPDES permit. Any owner of an existing  potable water treatment plant not currently covered by a VPDES permit who is  proposing to be covered by this general permit shall file the registration  statement. The required registration statement shall contain the following  information:
    1. Facility name and location address (street no., route  no., or other identifier), mailing address, telephone number and the email  address;
    2. Facility owner's name mailing address, telephone number  and the email address;
    3.  Facility operator name and mailing address and telephone number;
    4. The nature of the  business;
    5. A USGS topographic map showing the facility location  extending to at least one mile beyond property boundary and the location of the  discharge point(s);
    6. The receiving waters of the discharge;
    7. The actual or projected wastewater flow rate (typical volume,  duration of discharges, and number of discharges per day/week) and the number  of outfalls;
    8. If the type of water treatment plant is conventional,  reverse osmosis, or a combination of both;
    9. If this facility currently has an existing VPDES permit,  and if so, the permit number;
    10. If the existing VPDES permit contains a ground water  monitoring plan requirement and, if so, submit a copy of the DEQ approved  groundwater monitoring plan;
    11. Indicate if the settling basins, lagoons, or both are  earthen lined, and if so, whether the units have a permeability of no greater  than 10-6 cm/sec;
    12. The results of the whole effluent toxicity evaluation  required by 9VAC25-860-50 A 3;
    13. A schematic drawing showing the source(s) of water used  on the property and the conceptual design of the methods of treatment and  disposal of wastewater;
    14. Information on chemicals used in the treatment, to  include (i) description of chemical, and (ii) proposed or actual schedule and  quantity of chemical usage;
    15. A description of how solids and residue from the  settling basins are disposed; and
    16. The following certification:
    "I certify under penalty of law that this document and  all attachments were prepared under my direction or supervision in accordance  with a system designed to assure that qualified personnel properly gather and  evaluate the information submitted. Based on my inquiry of the person or  persons who manage the system or those persons directly responsible for  gathering the information, the information submitted is to the best of my  knowledge and belief true, accurate, and complete. I am aware that there are  significant penalties for submitting false information including the  possibility of fine and imprisonment for knowing violations."
    The registration statement shall be signed in accordance  with 9VAC25-31-110.
    9VAC25-860-70. General permit.
    Any owner whose registration statement is accepted by the  board will receive the following permit and shall comply with the requirements  therein and be subject to all requirements of 9VAC25-31.
    General Permit No.: VAG64
  Effective Date: [ December 24, 2008 ] 
  Expiration Date: [ December 23, 2013 ] 
  GENERAL PERMIT FOR POTABLE WATER TREATMENT PLANTS 
    AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT  DISCHARGE ELIMINATION SYSTEM AND THE VIRGINIA STATE WATER CONTROL LAW
    In compliance with the provisions of the Clean Water Act,  as amended, and pursuant to the State Water Control Law and regulations adopted  pursuant thereto, owners/operators of potable water treatment plants are  authorized to discharge to surface waters within the boundaries of the  Commonwealth of Virginia, except those specifically named in board regulations  or policies that prohibit such discharges.
    The authorized discharge shall be in accordance with this  cover page, Part I ‑ Effluent Limitations and Monitoring Requirements,  and Part II - Conditions Applicable To All VPDES Permits, as set forth herein.
         
          PART I 
    A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.
    1. During the period beginning with the permittee's  coverage under this general permit and lasting until the permit's expiration  date, the permittee is authorized to discharge wastewater originating from a  potable water treatment plant from outfall(s):
    Such discharges shall be limited and monitored by the  permittee as specified below:
         
                 | EFFLUENT CHARACTERISTICS | EFFLUENT LIMITATIONS | MONITORING REQUIREMENTS | 
       |   | Monthly Average | Minimum | Maximum | Frequency | Sample Type | 
       | Flow (MGD) | NL | NA | NL | 1/ Month(4) | Estimate | 
       | pH (SU) | NA | 6.0(1) | 9(1) | 1/ Month(4) | Grab | 
       | Total Suspended Solids    (mg/l) | 30 | NA | 60 | 1/ Month(4) | 5G/8HC(2) | 
       | Total Residual Chlorine(3)    (mg/l) | 0.011 | NA | 0.011 | 1/ Month(4) | Grab | 
  
    NL - No Limitation, monitoring requirement only
    NA - Not applicable
    (1)Where the Water Quality Standards  (9VAC25-260) establish alternate standards for pH in waters receiving the  discharge, those standards shall be the maximum and minimum effluent  limitations.
    (2)5G/8HC - Eight-hour composite - Consisting of  five grab samples collected at hourly intervals until the discharge ceases, or  until a minimum of five grab samples have been collected. Samples shall be  comprised of wastewater discharged during all phases of wastewater generation,  including back wash, etc.
    (3) Total residual chlorine limit shall only be  applicable to facilities discharging to surface waters that use chlorine in the  treatment process.
    (4)Monitoring frequency shall be reduced to  1/quarter upon written notification from the DEQ regional office. Reports of  quarterly monitoring shall be submitted to the DEQ regional office no later  than the 10th day of April, July, October and January. Reference special  condition no. 4.
    There shall be no discharge of floating solids or visible  foam in other than trace amounts.
    PART I
    A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS.
    2. During the period beginning with the permittee's  coverage under this general permit and lasting until the permit's expiration  date, the permittee is authorized to discharge wastewater originating from a  reverse osmosis potable water treatment plant from outfall(s):
    Such discharges shall be limited and monitored by the  permittee as specified below:
           | EFFLUENT CHARACTERISTICS | EFFLUENT LIMITATIONS | MONITORING REQUIREMENTS | 
       |   | Monthly Average | Minimum | Maximum | Frequency | Sample Type | 
       | Flow (MGD) | NL | NA | NL | 1/ Month(3) | Estimate | 
       | pH (SU) | NA | 6.0(1) | 9.0(1) | 1/ Month(3) | Grab | 
       | Total Dissolved Solids    (mg/l) | NA | NA | [ 800NL ] | 1/ Month(3) | 5G/8HC(2) | 
       | Dissolved Oxygen (mg/l) | NA | 4.0(1) | [ 0.011NA ] | 1/ Month(3) | Grab | 
  
         
          NL - No limitation, monitoring  requirement only
    NA - Not applicable
    (1) Where the Water Quality Standards (9 VAC  25-260) establish alternate standards for pH and dissolved oxygen in waters  receiving the discharge, those standards shall be the maximum and minimum  effluent limitations. 
    (2)5G/8HC - Eight-hour composite - Consisting of  five grab samples collected at hourly intervals until the discharge ceases, or  until a minimum of five grab samples have been collected. Samples shall be  comprised of wastewater discharged during all phases of wastewater generation,  including back wash, etc.
    (3)Monitoring frequencies shall be reduced to  1/quarter upon written notification from the DEQ regional office. Reports of  quarterly monitoring shall be submitted to the DEQ regional office no later  than the 10th day of April, July, October and January. Reference special  condition no. 4.
    There shall be no discharge of floating solids or visible  foam in other than trace amounts.
    B. Special conditions.
    1. Inspection of the effluent, and maintenance of the  wastewater treatment facility, shall be performed daily. Documentation of the  inspection and maintenance shall be recorded in an operational log. This  operational log shall be made available for review by the department personnel  upon request.
    2. No domestic sewage discharges to surface waters are  permitted under this general permit.
    3. Adding chemicals to the water  or waste that may be discharged, other than those listed on the owner's  accepted registration statement, is prohibited. Prior approval shall be  obtained from Department of Environmental Quality before any changes are made  to the chemical(s), in order to assure protection of water quality and  beneficial uses of the waters receiving the discharge.
    4. Monitoring frequency shall be 1/month unless a written  request is sent to the appropriate regional office to reduce monitoring to  1/quarter. Upon written notification from DEQ regional office, monitoring  frequency shall be reduced to 1/quarter. Should the permittee be issued a  warning letter related to violation of effluent limitations, a notice of  violation, or be subject of an active enforcement action, monitoring frequency  shall revert to 1/month upon issuance of the letter of notice of initiation of  the enforcement action, and remain in effect until the permit's expiration  date.
    5. The permittee shall comply with the following solids  management plan that includes:
    a. A prohibition on the discharge of floating solids or  visible foam in other than trace amounts.
    b. A requirement to clean settling basins frequently in  order to achieve effective treatment.
    c. A requirement that all solids shall be handled, stored  and disposed of so as to prevent a discharge to state waters.
    6. If the discharge is into a municipal separate storm  sewer, the permittee is required to notify the owner of the municipal separate  storm sewer system of the existence of the discharge within 30 days of coverage  under the general permit, and provide the following information: the name of  the facility, a contact person and phone number, and the location of the  discharge.
    7. The permittee shall notify the department as soon as he  knows or has reason to believe:
    a. That any activity has occurred or will occur that would  result in the discharge, on a routine or frequent basis, of any toxic pollutant  that is not limited in this permit, if that discharge will exceed the highest  of the following notification levels:
    (1) One hundred micrograms per liter;
    (2) Two hundred micrograms per liter for acrolein and  acrylonitrile; five hundred micrograms per liter for 2,4‑dinitrophenol  and for 2‑methyl‑4,6‑dinitrophenol; and one milligram per  liter for antimony;
    (3) Five times the maximum concentration value reported for  that pollutant in the permit application; or
    (4) The level established by the board.
    b. That any activity has occurred or will occur that would  result in any discharge, on a nonroutine or infrequent basis, of a toxic  pollutant that is not limited in this permit, if that discharge will exceed the  highest of the following notification levels:
    (1) Five hundred micrograms per liter;
    (2) One milligram per liter for antimony;
    (3) Ten times the maximum concentration value reported for  that pollutant in the permit application; or
    (4) The level established by the board.
    8. If a DEQ-approved ground water monitoring plan was  submitted with the registrations statement the permittee shall continue  sampling and reporting in accordance with the plan. The approved plan shall be  an enforceable part of this permit.
    9. Compliance reporting under Part I A.
    a. The quantification levels (QL) shall be as follows:
           |   | Effluent Characteristic | Quantification Level | 
       |   | Chlorine | 0.10 mg/l | 
       |   | TSS | 1.0 mg/l | 
  
    b. Reporting.
    (1) Monthly average. Compliance with the monthly average  limitations and/or reporting requirements for the parameters listed in  subdivision 9 a shall be determined as follows: all concentration data below  the QL listed above shall be treated as zero. All concentration data equal to  or above the QL listed in subdivision 9 a shall be treated as it is reported.  An arithmetic average shall be calculated using all reported data for the  month, including the defined zeros. This arithmetic average shall be reported  on the Discharge Monitoring Report (DMR) as calculated. If all data are below  the QL, then the average shall be reported as "<QL." If reporting  for quantity is required on the DMR and the calculated concentration is <QL,  then report "<QL" for the quantity. Otherwise use the calculated  concentration.
    (2) Daily maximum. Compliance with the daily maximum  limitations and/or reporting requirements for the parameters listed in  subdivision 9 a above shall be determined as follows: all concentration data  below the QL listed in subdivision 9 a above shall be treated as zero. All  concentration data equal to or above the QL shall be treated as reported. An  arithmetic average shall be calculated using all reported data, including the  defined zeros, collected within each day during the reporting month. The  maximum value of these daily averages thus determined shall be reported on the  DMR as the Daily Maximum. If all data are below the QL, then the average shall  be reported as "<QL." If reporting for quantity is required on the  DMR and the calculated concentration is <QL, then report "<QL"  for the quantity. Otherwise use the calculated concentration.
    c. Any single datum required shall be reported as  "<QL" if it is less than the QL in subdivision 9 a. Otherwise, the  numerical value shall be reported.
    d. The permittee shall report at least the same number of  significant digits as the permit limit for a given parameter. Regardless of the  rounding convention used (i.e., 5 always rounding up or to the nearest even  number) by the permittee, the permittee shall use the convention consistently,  and shall ensure that consulting laboratories employed by the permittee use the  same convention.
    10. Operation and Maintenance Manual Requirement.
    a. The permittee shall develop an Operation and Maintenance  (O & M) Manual for the treatment works. This manual shall detail the  practices and procedures that will be followed to ensure compliance with the  requirements of this permit. The manual shall be submitted to the DEQ regional  office for approval within 90 days of the date of coverage under the general  permit or completion of construction. The permittee shall operate the treatment  works in accordance with the approved O & M Manual. This manual shall  include, but not necessarily be limited to, the following items, as  appropriate:
    (1) Techniques to be employed in the collection,  preservation, and analysis of effluent samples;
    (2) Discussion of best management practices, if applicable;
    (3) Treatment system design, treatment system operation,  routine preventive maintenance of units within the treatment system, critical  spare parts inventory and record keeping; 
    (4) A plan for the management and/or disposal of waste  solids and residues; and
    (5) Procedures for measuring and recording the duration and  volume of treated wastewater discharged.
    Any changes in the practices and procedures followed by the  permittee shall be documented and submitted for staff approval within 90 days  of the effective date of the changes. Upon approval of the submitted manual  changes, the revised manual becomes an enforceable part of the permit.  Noncompliance with the O & M Manual shall be deemed a violation of the  permit.
    b. If an approved O & M Manual is already on file with  DEQ, the permittee shall review the existing Operations and Maintenance (O  & M) Manual and notify the DEQ regional office in writing within 90 days of  the date of coverage under the general permit whether it is still accurate and  complete. If the O & M Manual is no longer accurate and complete, a revised  O & M Manual shall be submitted for approval to the DEQ regional office  within 90 days of the date of coverage under the general permit or with the  above required notification. The permittee will maintain an accurate, approved  operation and maintenance manual for the treatment works. This manual shall  detail the practices and procedures that will be followed to ensure compliance  with the requirements of the permit. The permittee shall operate the treatment  works accordance with the approved O&M Manual. This manual shall include,  but not necessarily be limited to, the following items, as appropriate:
    (1) Techniques to be employed in the collection,  preservation, and analysis of effluent samples;
    (2) Discussion of best management practices, if applicable;
    (3) Treatment works design, treatment works operation,  routine preventative maintenance of units within the treatment system, critical  spare parts inventory and record keeping; 
    (4) A plan for the management and/or disposal of waste  solids and residues; and
    (5) Procedures for measuring and recording the duration and  volume of treated wastewater discharged.
    Any changes in the practices and procedures followed by the  permittee shall be documented and submitted for staff approval within 90 days  of the effective date of the changes. Upon approval of the submitted manual  changes, the revised manual becomes an enforceable part of the permit.  Noncompliance with the O & M Manual shall be deemed a violation of the  permit.
    PART II 
  CONDITIONS APPLICABLE TO ALL VPDES PERMITS. 
    A. Monitoring.
    1. Samples and measurements taken as required by this  permit shall be representative of the monitored activity.
    2. Monitoring shall be conducted according to procedures  approved under 40 CFR Part 136 or alternative methods approved by the U.S.  Environmental Protection Agency, unless other procedures have been specified in  this permit.
    3. The permittee shall periodically calibrate and perform  maintenance procedures on all monitoring and analytical instrumentation at  intervals that will insure accuracy of measurements.
    B. Records.
    1. Records of monitoring information shall include:
    a. The date, exact place, and time of sampling or  measurements;
    b. The individual(s) who performed the sampling or  measurements;
    c. The date(s) and time(s) analyses were performed;
    d. The individual(s) who performed the analyses;
    e. The analytical techniques or methods used; and
    f. The results of such analyses.
    2. Except for records of monitoring information required by  this permit related to the permittee's sewage sludge use and disposal  activities, which shall be retained for a period of at least five years, the  permittee shall retain records of all monitoring information, including all  calibration and maintenance records and all original strip chart recordings for  continuous monitoring instrumentation, copies of all reports required by this  permit, and records of all data used to complete the registration statement for  this permit, for a period of at least three years from the date of the sample,  measurement, report or request for coverage. This period of retention shall be  extended automatically during the course of any unresolved litigation regarding  the regulated activity or regarding control standards applicable to the  permittee, or as requested by the board.
    C. Reporting monitoring results.
    1. The permittee shall submit the results of the monitoring  required by this permit not later than the 10th day of the month after  monitoring takes place, unless another reporting schedule is specified  elsewhere in this permit.  Monitoring results shall be submitted to the  department's regional office.
    2. Monitoring results shall be reported on a discharge monitoring  report (DMR) or on forms provided, approved or specified by the department.
    3. If the permittee monitors any pollutant specifically  addressed by this permit more frequently than required by this permit using  test procedures approved under 40 CFR Part 136 or using other test procedures  approved by the U.S. Environmental Protection Agency or using procedures  specified in this permit, the results of this monitoring shall be included in  the calculation and reporting of the data submitted in the DMR or reporting  form specified by the department.
    4. Calculations for all limitations that require averaging  of measurements shall utilize an arithmetic mean unless otherwise specified in  this permit.
    D. Duty to provide information. The permittee shall  furnish to the department, within a reasonable time, any information that the  board may request to determine whether cause exists for modifying, revoking and  reissuing, or terminating this permit or to determine compliance with this  permit. The board may require the permittee to furnish, upon request, such  plans, specifications, and other pertinent information as may be necessary to  determine the effect of the wastes from his discharge on the quality of state  waters, or such other information as may be necessary to accomplish the  purposes of the State Water Control Law. The permittee shall also furnish to  the department upon request, copies of records required to be kept by this  permit.
    E. Compliance schedule reports. Reports of compliance or  noncompliance with, or any progress reports on, interim and final requirements  contained in any compliance schedule of this permit shall be submitted no later  than 14 days following each schedule date.
    F. Unauthorized discharges. Except in compliance with this  permit, or another permit issued by the board, it shall be unlawful for any  person to:
    1. Discharge into state waters sewage, industrial wastes,  other wastes, or any noxious or deleterious substances; or
    2. Otherwise alter the physical, chemical or biological  properties of such state waters and make them detrimental to the public health,  or to animal or aquatic life, or to the use of such waters for domestic or  industrial consumption, or for recreation, or for other uses.
    G. Reports of unauthorized discharges. Any permittee who  discharges or causes or allows a discharge of sewage, industrial waste, other  wastes or any noxious or deleterious substance into or upon state waters in  violation of Part II F, or who discharges or causes or allows a discharge that  may reasonably be expected to enter state waters in violation of Part II F,  shall notify the department of the discharge immediately upon discovery of the  discharge, but in no case later than 24 hours after said discovery. A written  report of the unauthorized discharge shall be submitted to the department,  within five days of discovery of the discharge. The written report shall  contain:
    1. A description of the nature and location of the  discharge;
    2. The cause of the discharge;
    3. The date on which the discharge occurred;
    4. The length of time that the discharge continued;
    5. The volume of the discharge;
    6. If the discharge is continuing, how long it is expected  to continue;
    7. If the discharge is continuing, what the expected total  volume of the discharge will be; and
    8. Any steps planned or taken to reduce, eliminate and  prevent a recurrence of the present discharge or any future discharges not  authorized by this permit.
    Discharges reportable to the department under the  immediate reporting requirements of other regulations are exempted from this  requirement.
    H. Reports of unusual or extraordinary discharges. If any  unusual or extraordinary discharge including a bypass or upset should occur  from a treatment works and the discharge enters or could be expected to enter  state waters, the permittee shall promptly notify, in no case later than 24  hours, the department by telephone after the discovery of the discharge. This  notification shall provide all available details of the incident, including any  adverse affects on aquatic life and the known number of fish killed. The  permittee shall reduce the report to writing and shall submit it to the  department within five days of discovery of the discharge in accordance with  Part II I 2. Unusual and extraordinary discharges include but are not limited  to any discharge resulting from:
    1. Unusual spillage of materials resulting directly or  indirectly from processing operations;
    2. Breakdown of processing or accessory equipment;
    3. Failure or taking out of service some or all of the  treatment works; and
    4. Flooding or other acts of nature.
    I. Reports of noncompliance. The permittee shall report  any noncompliance that may adversely affect state waters or may endanger public  health.
    1. An oral report shall be provided within 24 hours from  the time the permittee becomes aware of the circumstances. The following shall  be included as information that shall be reported within 24 hours under this  paragraph:
    a. Any unanticipated bypass; and
    b. Any upset that causes a discharge to surface waters.
    2. A written report shall be submitted within five days and  shall contain:
    a. A description of the noncompliance and its cause;
    b. The period of noncompliance, including exact dates and  times, and if the noncompliance has not been corrected, the anticipated time it  is expected to continue; and
    c. Steps taken or planned to reduce, eliminate, and prevent  reoccurrence of the noncompliance.
    The board may waive the written report on a case‑by‑case  basis for reports of noncompliance under Part II I if the oral report has been  received within 24 hours and no adverse impact on state waters has been  reported.
    3. The permittee shall report all instances of  noncompliance not reported under Parts II I 1 or 2, in writing, at the time the  next monitoring reports are submitted. The reports shall contain the  information listed in Part II I 2.
    NOTE: The immediate (within 24 hours) reports required in  Parts II G, H and I may be made to the department's regional office. Reports  may be made by telephone or by fax. For reports outside normal working hours,  leave a message and this shall fulfill the immediate reporting requirement. For  emergencies, the Virginia Department of Emergency Services maintains a 24-hour  telephone service at 1-800-468-8892.
    J. Notice of planned changes.
    1. The permittee shall give notice to the department as  soon as possible of any planned physical alterations or additions to the  permitted facility. Notice is required only when:
    a. The permittee plans alteration or addition to any  building, structure, facility, or installation from which there is or may be a  discharge of pollutants, the construction of which commenced:
    (1) After promulgation of standards of performance under §  306 of Clean Water Act that are applicable to such source; or
    (2) After proposal of standards of performance in  accordance with § 306 of Clean Water Act that are applicable to such source,  but only if the standards are promulgated in accordance with § 306 within 120  days of their proposal;
    b. The alteration or addition could significantly change  the nature or increase the quantity of pollutants discharged. This notification  applies to pollutants that are subject neither to effluent limitations nor to  notification requirements specified elsewhere in this permit; or
    c. The alteration or addition results in a significant  change in the permittee's sludge use or disposal practices, and such  alteration, addition, or change may justify the application of permit  conditions that are different from or absent in the existing permit, including  notification of additional use or disposal sites not reported during the permit  application process or not reported pursuant to an approved land application  plan.
    2. The permittee shall give advance notice to the  department of any planned changes in the permitted facility or activity that  may result in noncompliance with permit requirements.
    K. Signatory requirements.
    1. Registration statement. All registration statements  shall be signed as follows:
    a. For a corporation: by a responsible corporate officer.  For the purpose of this section, a responsible corporate officer mean: (i) a  president, secretary, treasurer, or vice‑president of the corporation in  charge of a principal business function, or any other person who performs  similar policy- or decision making functions for the corporation, or (ii) the  manager of one or more manufacturing, production, or operating facilities,  provided the manager is authorized to make management decisions that govern the  operation of the regulated facility including having the explicit or implicit  duty of making major capital investment recommendations, and initiating and  directing other comprehensive measures to assure long-term environmental  compliance with environmental laws and regulations; the manager can ensure that  the necessary systems are established or actions taken to gather complete and  accurate information for permit application requirements; and where authority  to sign documents has been assigned or delegated to the manager in accordance  with corporate procedures;
    b. For a partnership or sole proprietorship: by a general  partner or the proprietor, respectively; or
    c. For a municipality, state, federal, or other public  agency: by either a principal executive officer or ranking elected official.  For purposes of this section, a principal executive officer of a public agency  includes (i) the chief executive officer of the agency, or (ii) a senior  executive officer having responsibility for the overall operations of a  principal geographic unit of the agency.
    2. Reports, etc. All reports required by permits, and other  information requested by the board shall be signed by a person described in  Part II K 1, or by a duly authorized representative of that person. A person is  a duly authorized representative only if:
    a. The authorization is made in writing by a person  described in Part II K 1;
    b. The authorization specifies either an individual or a  position having responsibility for the overall operation of the regulated  facility or activity such as the position of plant manager, operator of a well  or a well field, superintendent, position of equivalent responsibility, or an  individual or position having overall responsibility for environmental matters  for the company. (A duly authorized representative may thus be either a named  individual or any individual occupying a named position); and
    c. The written authorization is submitted to the  department.
    3. Changes to authorization. If an authorization under Part  II K 2 is no longer accurate because a different individual or position has  responsibility for the overall operation of the facility, a new authorization  satisfying the requirements of Part II K 2 shall be submitted to the department  prior to or together with any reports, or information to be signed by an  authorized representative.
    4. Certification. Any person signing a document under Parts  II K 1 or 2 shall make the following certification:
    "I certify under penalty of law that this document and  all attachments were prepared under my direction or supervision in accordance  with a system designed to assure that qualified personnel properly gather and  evaluate the information submitted. Based on my inquiry of the person or  persons who manage the system, or those persons directly responsible for  gathering the information, the information submitted is, to the best of my  knowledge and belief, true, accurate, and complete. I am aware that there are  significant penalties for submitting false information, including the  possibility of fine and imprisonment for knowing violations."
    L. Duty to comply. The permittee shall comply with all  conditions of this permit. Any permit noncompliance constitutes a violation of  the State Water Control Law and the Clean Water Act, except that noncompliance  with certain provisions of this permit may constitute a violation of the State  Water Control Law but not the Clean Water Act. Permit noncompliance is grounds  for enforcement action; for permit termination, revocation and reissuance, or  modification; or denial of a permit renewal application.
    The permittee shall comply with effluent standards or  prohibitions established under § 307(a) of the Clean Water Act for toxic  pollutants and with standards for sewage sludge use or disposal established  under § 405(d) of the Clean Water Act within the time provided in the regulations  that establish these standards or prohibitions or standards for sewage sludge  use or disposal, even if this permit has not yet been modified to incorporate  the requirement.
    M. Duty to reapply. If the permittee wishes to continue an  activity regulated by this permit after the expiration date of this permit, the  permittee shall submit a new registration statement at least 90 days before the  expiration date of the existing permit, unless permission for a later date has  been granted by the board. The board shall not grant permission for  registration statements to be submitted later than the expiration date of the  existing permit.
    N. Effect of a permit. This permit does not convey any  property rights in either real or personal property or any exclusive privileges,  nor does it authorize any injury to private property or invasion of personal  rights, or any infringement of federal, state or local law or regulations.
    O. State law. Nothing in this permit shall be construed to  preclude the institution of any legal action under, or relieve the permittee  from any responsibilities, liabilities, or penalties established pursuant to  any other state law or regulation or under authority preserved by § 510 of the  Clean Water Act. Except as provided in permit conditions on "bypassing"  (Part II U), and "upset" (Part II V) nothing in this permit  shall be construed to relieve the permittee from civil and criminal penalties  for noncompliance.
    P. Oil and hazardous substance liability. Nothing in this  permit shall be construed to preclude the institution of any legal action or  relieve the permittee from any responsibilities, liabilities, or penalties to  which the permittee is or may be subject under §§ 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law.
    Q. Proper operation and maintenance. The permittee shall  at all times properly operate and maintain all facilities and systems of  treatment and control (and related appurtenances) that are installed or used by  the permittee to achieve compliance with the conditions of this permit. Proper  operation and maintenance also includes effective plant performance, adequate  funding, adequate staffing, and adequate laboratory and process controls,  including appropriate quality assurance procedures. This provision requires the  operation of back-up or auxiliary facilities or similar systems that are  installed by the permittee only when the operation is necessary to achieve  compliance with the conditions of this permit.
    R. Disposal of solids or sludges. Solids, sludges or other  pollutants removed in the course of treatment or management of pollutants shall  be disposed of in a manner so as to prevent any pollutant from such materials  from entering state waters.
    S. Duty to mitigate. The permittee shall take all  reasonable steps to minimize or prevent any discharge or sludge use or disposal  in violation of this permit that has a reasonable likelihood of adversely  affecting human health or the environment.
    T. Need to halt or reduce activity not a defense. It shall  not be a defense for a permittee in an enforcement action that it would have  been necessary to halt or reduce the permitted activity in order to maintain  compliance with the conditions of this permit.
    U. Bypass.
    1. "Bypass" means the intentional diversion of  waste streams from any portion of a treatment facility. The permittee may allow  any bypass to occur which does not cause effluent limitations to be exceeded,  but only if it also is for essential maintenance to assure efficient operation.  These bypasses are not subject to the provisions of Parts II U 2 and U 3.
    2. Notice.
    a. Anticipated bypass. If the permittee knows in advance of  the need for a bypass, prior notice shall be submitted, if possible at least 10  days before the date of the bypass.
    b. Unanticipated bypass. The permittee shall submit notice  of an unanticipated bypass as required in Part II I.
    3. Prohibition of bypass.
    a. Bypass is prohibited, and the board may take enforcement  action against a permittee for bypass, unless:
    (1) Bypass was unavoidable to prevent loss of life,  personal injury, or severe property damage;
    (2) There were no feasible alternatives to the bypass, such  as the use of auxiliary treatment facilities, retention of untreated wastes, or  maintenance during normal periods of equipment downtime. This condition is not  satisfied if adequate back‑up equipment should have been installed in the  exercise of reasonable engineering judgment to prevent a bypass that occurred  during normal periods of equipment downtime or preventive maintenance; and
    (3) The permittee submitted notices as required under Part  II U 2.
    b. The board may approve an anticipated bypass, after  considering its adverse effects, if the board determines that it will meet the  three conditions listed above in Part II U 3 a.
    V. Upset.
    1. An upset constitutes an affirmative defense to an action  brought for noncompliance with technology-based permit effluent limitations if  the requirements of Part II V 2 are met. A determination made during  administrative review of claims that noncompliance was caused by upset, and  before an action for noncompliance, is not a final administrative action  subject to judicial review.
    2. A permittee who wishes to establish the affirmative  defense of upset shall demonstrate, through properly signed, contemporaneous  operating logs, or other relevant evidence that:
    a. An upset occurred and that the permittee can identify  the cause(s) of the upset;
    b. The permitted facility was at the time being properly  operated;
    c. The permittee submitted notice of the upset as required  in Part II I; and
    d. The permittee complied with any remedial measures  required under Part II S.
    3. In any enforcement preceding the permittee seeking to  establish the occurrence of an upset has the burden of proof.
    W. Inspection and entry. The permittee shall allow the  director, or an authorized representative, upon presentation of credentials and  other documents as may be required by law, to:
    1. Enter upon the permittee's premises where a regulated  facility or activity is located or conducted, or where records must be kept  under the conditions of this permit;
    2. Have access to and copy, at reasonable times, any  records that must be kept under the conditions of this permit;
    3. Inspect at reasonable times any facilities, equipment  (including monitoring and control equipment), practices, or operations  regulated or required under this permit; and
    4. Sample or monitor at reasonable times, for the purposes  of assuring permit compliance or as otherwise authorized by the Clean Water Act  and the State Water Control Law, any substances or parameters at any location.
    For purposes of this section, the time for inspection shall  be deemed reasonable during regular business hours, and whenever the facility  is discharging. Nothing contained herein shall make an inspection unreasonable  during an emergency.
    X. Permit actions. Permits may be modified, revoked and  reissued, or terminated for cause. The filing of a request by the permittee for  a permit modification, revocation and reissuance, or termination, or a  notification of planned changes or anticipated noncompliance does not stay any  permit condition.
    Y. Transfer of permits.
    1. Permits are not transferable to any person except after  notice to the department. Except as provided in Part II Y 2, a permit may be  transferred by the permittee to a new owner or operator only if the permit has  been modified or revoked and reissued, or a minor modification made, to  identify the new permittee and incorporate such other requirements as may be  necessary under the State Water Control Law and the Clean Water Act.
    2. As an alternative to transfers under Part II Y 1, this  permit may be automatically transferred to a new permittee if:
    a. The current permittee notifies the department at least  30 days in advance of the proposed transfer of the title to the facility or  property;
    b. The notice includes a written agreement between the  existing and new permittees containing a specific date for transfer of permit  responsibility, coverage, and liability between them; and
    c. The board does not notify the existing permittee and the  proposed new permittee of its intent to modify or revoke and reissue the  permit. If this notice is not received, the transfer is effective on the date  specified in the agreement mentioned in Part II Y 2 b.
    Z. Severability. The provisions of this permit are  severable, and if any provision of this permit or the application of any  provision of this permit to any circumstance, is held invalid, the application  of such provision to other circumstances, and the remainder of this permit, shall  not be affected thereby.
    VA.R. Doc. No. R07-12; Filed November 3, 2008, 3:12 p.m. 
TITLE 12. HEALTH
STATE BOARD OF HEALTH
Proposed Regulation
    Title of Regulation:  12VAC5-391. Regulations for the Licensure of Hospice (amending 12VAC5-391-10, 12VAC5-391-120,  12VAC5-391-150, 12VAC5-391-160, 12VAC5-391-180, 12VAC5-391-300, 12VAC5-391-440,  12VAC5-391-450, 12VAC5-391-460, 12VAC5-391-480, 12VAC5-391-500; adding  12VAC5-391-395, 12VAC5-391-445, 12VAC5-391-446, 12VAC5-391-485, 12VAC5-391-495,  12VAC5-391-510).
    Statutory Authority: §§ 32.1-12 and 32.1-162.5 of  the Code of Virginia.
    Public Hearing Information: No public hearings are  scheduled. 
    Public Comments: Public comments may be submitted until  5 p.m. on January 23, 2009.
    Agency Contact: Carrie Eddy, Policy Analyst, Department  of Health, 3600 West Broad Street, Richmond, VA 23230, telephone (804)  367-5100, or email carrie.eddy@vdh.virginia.gov.
    Basis: Section 32.1-12 of the Code of Virginia authorizes  the board to make, adopt, and promulgate regulations and provide for reasonable  variances and exemptions therefrom as may be necessary to carry out the  provisions of Title 32.1 of the Code of Virginia and other laws of the  Commonwealth administered by it, the commissioner or the department.
    The regulation is promulgated under the authority of  § 32.1-162.5 of the Code of Virginia, which grants the Board of Health the  legal authority "to prescribe such regulation governing the activities and  services provided by hospices as may be necessary to protect the public health,  safety and welfare." The passage of the 2007 Acts of Assembly requires  that 12VAC5-391 be subsequently amended.
    Purpose: This action establishes standards for those  hospice providers seeking to establish dedicated board and care facilities for  diagnosed terminally ill consumers receiving hospice care, but who can no  longer remain in their own homes.  The proposed regulations address patient  care and safety, physical plant, maintenance and housekeeping, and emergency  preparedness. The proposed amendments also rectify some omissions in the 2005  revised regulation. The amendments are intended to protect the health and  safety of the patient receiving care in a hospice facility while allowing  providers to be more responsive to the needs of patients.
    Substance: The department has developed facility  regulatory standards replicating the patient safety and physical plant  standards under which hospice facilities operated prior to the enactment of  Chapter 397 of the 2007 Acts of Assembly. Such facilities were dually licensed  as an assisted living facility, a nursing facility or as a hospital and subject  to the physical plant, safety, and maintenance and housekeeping standards as  contained in the proposed amendments. The department expanded the existing  hospice facility standards established in 2005 as part of the comprehensive  revision of Regulations for the Licensure of Hospices.  At that time, the  department promulgated only those facility standards deemed essential to ensure  basic patient care. The department relied on national standards of care, the  hospice facility regulations of other states, as well as Virginia’s other  facility licensure standards when developing the proposed amendments.
    Issues: A segment of Virginia’s hospice community has  endeavored to establish identifiable hospice facilities for some years. Until  the enactment of Chapter 397 of the 2007 Acts of Assembly, those efforts proved  unsuccessful because providers felt that dual licensure as an assisted living  facility, nursing facility or hospital, as required, was overly burdensome and  that the facility licensure regulations were not sufficiently flexible to  implement services reflecting the hospice philosophy of care.
    The 2005 comprehensive revision to the hospice licensure  regulations included facility specific regulations, one of which required a  registered nurse on duty on all shifts. Some hospice providers objected to this  requirement. The department knew that a registered nurse on all shifts met with  the hospice facility licensure provision in other states, as well as with  federal hospice facility regulation. The department conducted a year-long pilot  study to gather data to assess the impact of this requirement. At the end of  the study, it was mutually agreed that appropriate care could be provided  without an RN on duty if an RN was on-call within 20 minutes. However, the  department learned there were still objections to the proposed staffing  requirements. Some facility providers, in fact, advocated for no RN staffing in  the dedicated hospice facilities. The department believes that these objections  are primarily based on costs. Hospice patient care advocates do not consider  costs a legitimate reason for opposing the registered nurse on duty criteria.  Advocates cite the complexities of terminal illnesses, such as Alzheimer’s  Disease, and the potential for medication errors and adverse drug reactions as  sufficient cause to require a registered nurse on duty on all shifts.  The  department believes that the agreed-upon exception to the RN requirement for  those facilities with six beds or less appropriately and adequately addresses  the concerns of both parties. 
    No particular locality is affected more than another by this  regulation. Promulgation of these amendments to 12VAC5-391 create no known  advantages or disadvantages to the agency, the Commonwealth, or the hospice  community. Every effort has been made to ensure the regulation protects the  health and safety of patient receiving care in a hospice facility while  allowing providers to be more responsive to the needs of their patients.  Failure to implement the regulation will not negatively impact the overall  provision of hospice care in Virginia.
    The Department of Planning and Budget's Economic Impact  Analysis:
    Summary of the Proposed Amendments to Regulation. The Board of  Health proposes to establish licensure requirements for providers of hospice  services in a facility.
    Result of Analysis. The benefits likely exceed the costs for  all proposed changes.
    Estimated Economic Impact. The proposed regulations will  establish licensure requirements under the authority of the Board of Health for  the providers of hospice services in a facility. Hospice programs provide  palliative care to terminally ill patients. The main purpose of a hospice  program is to provide physical, psychological, and spiritual comfort during the  final stages of a terminal illness and during dying and bereavement.
    Approximately 100 hospice providers are licensed by the  Virginia Department of Health (VDH). Most of these hospice providers provide  services at the home of their patients and are already regulated by existing  regulations. However, three hospice providers have been providing services at a  designated facility in addition to serving most of their patients in their  homes. Pursuant to 2003 Acts of Assembly, HB1822, the providers that offer  services at a hospice facility were licensed under the Department of Social  Services (DSS) regulations as an Assisted Living Facility. The 2003 legislation  required a hospice provider wishing to provide services at a facility be  licensed as an Assisted Living Facility under DSS regulations. Though not  required, all of the facilities provide hospice services at home to most of  their patients. Thus, if a facility wanted to provide hospice services at a  facility they were subject to dual licensure by two different regulatory  entities.
    The 2007 Acts of Assembly, HB1965, establishes that providers  wishing to provide services at a facility be licensed by VDH instead of DSS.  Consequently, the Board of Health proposes regulations to establish rules for  hospice providers wishing to provide services at a facility.
    Because the providers of hospice services at a facility are  already subject to DSS regulations, the net economic impact of the proposed  regulations stems from the differences between existing DSS regulations and the  proposed VDH regulations.
    On one hand proposed regulations may increase compliance costs  by adding that a hospice facility must have a registered nurse available at the  facility or one must be available to respond to emergency calls within twenty  minutes. This particular requirement appears to have created some controversy  among the regulated facilities. Whether this proposed requirement is necessary  or not is a medical question. As the Commonwealth’s regulatory medical  authority, VDH believes the presence or accessibility of a registered nurse is  essential for a hospice provider to provide services at a facility to ensure  the health, safety, and welfare of the patients served. VDH also points out  that hospice providers serving patients only at their homes are already  required to comply with this requirement. Considering the patients at a  facility are under the direct care of a hospice provider, it appears that they  should be able to access a level of care at least as high as the level of care  afforded to the patients served at their homes.
    The economic effect of this proposed change is the cost  difference between having a licensed practical nurse (LPN) and a registered  nurse on staff. According to VDH, mean hourly wage rate for an RN is $27.89 and  for a LPN is $17.73. If the facility pays for an RN for 24 hours everyday and  365 days in a year to comply with this requirement, the added compliance costs  would be $89,002 annually. However, this estimate should be considered as the  upper ceiling for the added costs because some facilities may be able to comply  with this requirement by utilizing their existing RNs for a much lower  compensation.
    On the other hand, the proposed regulations may reduce  compliance costs because a number of proposed rules are less stringent than the  rules the facilities must have complied with under the DSS regulations. Among  the less stringent requirements are no longer requiring licensure of the  administrator, annual administrative training, Tuberculosis testing, and  medication administration reports and manuals. These less stringent  requirements have the potential to create some savings, offsetting some of the  added compliance costs.
    Businesses and Entities Affected. The proposed regulations  apply to hospice providers providing services at a facility. Currently, there  are three such facilities serving four or less patients each.
    Localities Particularly Affected. The proposed regulations  apply throughout the Commonwealth.
    Projected Impact on Employment. The proposed regulations are  expected to increase the demand for RN hours but the likely size of the actual  increase cannot be determined.
    Effects on the Use and Value of Private Property. The proposed  regulations may reduce the asset value of hospice providers providing services  at a facility if the additional compliance cost of complying with the RN  staffing requirement is not fully offset by the cost savings from less  stringent requirements. However, the likely size of net costs cannot be  determined.
    Small Businesses: Costs and Other Effects. All three hospice  facilities affected are considered to be small businesses. Thus, the proposed  regulations are estimated to increase the compliance costs as a result of the  proposed RN staffing requirement and estimated to decrease the compliance costs  as result of the proposed less stringent requirements. However, the likely size  of net costs is not known.
    Small Businesses: Alternative Method that Minimizes Adverse  Impact. Given VDH’s determination that the RN services are medically necessary  to ensure health, safety, and welfare of patients served at a hospice facility,  there is no other alternative method that minimizes potential adverse impact on  affected small businesses.
    Real Estate Development Costs. The proposed regulations are not  anticipated to create any real estate development costs.
    Legal Mandate. The Department of Planning and Budget (DPB) has  analyzed the economic impact of this proposed regulation in accordance with  § 2.2-4007.04 of the Administrative Process Act and Executive Order Number  36 (06).  Section 2.2-4007.04 requires that such economic impact analyses  include, but need not be limited to, the projected number of businesses or  other entities to whom the regulation would apply, the identity of any  localities and types of businesses or other entities particularly affected, the  projected number of persons and employment positions to be affected, the  projected costs to affected businesses or entities to implement or comply with  the regulation, and the impact on the use and value of private property.   Further, if the proposed regulation has adverse effect on small businesses,  § 2.2-4007.04 requires that such economic impact analyses include (i) an  identification and estimate of the number of small businesses subject to the  regulation; (ii) the projected reporting, recordkeeping, and other  administrative costs required for small businesses to comply with the  regulation, including the type of professional skills necessary for preparing  required reports and other documents; (iii) a statement of the probable effect  of the regulation on affected small businesses; and (iv) a description of any  less intrusive or less costly alternative methods of achieving the purpose of  the regulation. The analysis presented above represents DPB’s best estimate of  these economic impacts.
    Agency's Response to the Department of Planning and Budget's  Economic Impact Analysis: The department concurs generally with the  economic impact analysis performed by the Department of Planning and Budget.
    Summary:
    Chapter 391 of the 2007 Acts of Assembly places oversight  of hospice facilities with the Department of Health and establishes that  continuity of hospice services provided in a patient's home also be provided in  a dedicated facility. This change in law necessitates amending the current  regulation by expanding the standards addressing patient care and safety in  hospice facilities. The proposed amendments also address omissions in the  regulation when it was revised in 2005. 
    The proposed amendments (i) clarify definitions pertaining  to hospice facility and inpatient services; (ii) provide clarification between  a hospice facility and inpatient services in a hospital or nursing facility;  (iii) require notifying the Department of Health of the relocation of a hospice  facility; (iv) add provisions for handling medical errors and drug reactions;  (v) require compliance with state and local codes, zoning and building  ordinances and the Uniform Statewide Building Code; (vi) prohibit a hospice  facility from being used for any purpose other than the provision of hospice  services; (vii) require that a set of as-built plans be retained; (viii)  establish additional physical plant requirements for operating a hospice  facility; (ix) establish necessary hospice facility financial controls and  requirements for handling patient funds; (x) require 24-hour nursing services  including trained and supervised staff to meet the total needs of the hospice  patients; (xi) allow facilities with six or fewer beds to have a single  licensed nurse as long as patient needs are met; (xii) provide for a 20-minute  response time if a registered nurse is not present at the facility; and (xiii)  make changes to provide consistency with other facility-type regulations.
    Part I 
  Definitions and General Information 
    12VAC5-391-10. Definitions. 
    The following words and terms when used in these regulations  shall have the following meaning unless the context clearly indicates  otherwise. 
    "Activities of daily living" means bathing,  dressing, toileting, transferring, bowel control, bladder control and  eating/feeding. 
    "Administer" means the direct application of a  controlled substance, whether by injection, inhalation, ingestion or any other  means, to the body of a patient by (i) a practitioner or by his authorized  agent and under his supervision or (ii) the patient at the direction and in the  presence of the practitioner as defined in § 54.1-3401 of the Code of Virginia.  
    "Administrator" means a person designated, in  writing, by the governing body as having the necessary authority for the  day-to-day management of the hospice program. The administrator must be a  member of the hospice staff. The administrator, director of nursing, or another  clinical director may be the same individual if that individual is dually  qualified. 
    "Attending physician" means a physician licensed in  Virginia, according to Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1 of the  Code of Virginia, or licensed in an adjacent state and identified by the  patient as having the primary responsibility in determining the delivery of the  patient's medical care. The responsibilities of physicians contained in this  chapter may be implemented by nurse practitioners or physician assistants as  assigned by the supervising physician and within the parameters of professional  licensing. 
    "Available at all times during operating hours"  means an individual is available on the premises or by telecommunications. 
    "Barrier crimes" means certain offenses specified  in § 32.1-162.9:1 of the Code of Virginia that automatically bar an individual  convicted of those offenses from employment with a hospice program. 
    "Bereavement service" means counseling and support  offered to the patient's family after the patient's death. 
    "Commissioner" means the State Health Commissioner.  
    "Coordinated program" means a continuum of  palliative and supportive care provided to a terminally ill patient and his  family, 24 hours a day, seven days a week. 
    "Core services" means those services that must be  provided by a hospice program. Such services are: (i) nursing services, (ii)  physician services, (iii) counseling services, and (iv) medical social  services. 
    "Counseling services" means the provision of  bereavement services, dietary services, spiritual and any other counseling  services for the patient and family while the person is enrolled in the  program. 
    "Criminal record report" means the statement issued  by the Central Criminal Records Exchange, Virginia Department of State Police. 
    "Dedicated hospice facility" means an  institution, place, or building providing room, board, and appropriate patient  care 24 hours a day, seven days a week to individuals diagnosed with a terminal  illness requiring such care pursuant to a physician's orders. 
    "Dispense" means to deliver a drug to the ultimate  user by or pursuant to the lawful order of a practitioner, including the  prescribing and administering, packaging, labeling or compounding necessary to  prepare the substance for that delivery as defined in § 54.1-3401 of the Code  of Virginia. 
    "Employee" means an individual who is appropriately  trained and performs a specific job function for the hospice program on a full  or part-time basis with or without financial compensation. 
    "Governing body" means the individual, group or  governmental agency that has legal responsibility and authority over the  operation of the hospice program. 
    "Home attendant" means a nonlicensed individual  performing personal care and environmental services, under the supervision of  the appropriate health professional, to a patient in the patient's residence.  Home attendants are also known as certified nursing assistants or CNAs, home  care aides, home health aides, and personal care aides. 
    "Hospice" means a coordinated program of home and  inpatient care provided directly or through an agreement under the direction of  an identifiable hospice administration providing palliative and supportive  medical and other health services to terminally ill patients and their  families. A hospice utilizes a medically directed interdisciplinary team. A  hospice program of care provides care to meet the physical, psychological, social,  spiritual and other special needs that are experienced during the final stages  of illness, and during dying and bereavement. Hospice care shall be available  24 hours a day, seven days a week. 
    "Hospice facility" means an institution, place  or building as defined in § 32.1-162.1 of the Code of Virginia.
    "Inpatient" means services provided to a hospice  patient who is admitted to a hospital or nursing facility on a short-term basis  for the purpose of curative care unrelated to the diagnosed terminal illness.  Inpatient does not mean services provided in a dedicated hospice facility the  provision of services, such as food, laundry, housekeeping and staff to provide  health or health-related services, including respite and symptom management, to  hospice patients, whether in a hospital, nursing facility, or hospice facility.  
    "Interdisciplinary group" means the group  responsible for assessing the health care and special needs of the patient and  the patient's family. Providers of special services, such as mental health,  pharmacy, and any other appropriate associated health services may also be  included on the team as the needs of the patient dictate. The interdisciplinary  group is often referred to as the IDG. 
    "Licensee" means a licensed hospice program  provider. 
    "Medical director" means a physician currently  licensed in Virginia, according to Chapter 29 (§ 54.1-2900 et seq.) of Title  54.1 of the Code of Virginia, and responsible for the medical direction of the  hospice program. 
    "Medical record" means a continuous and accurate  documented account of services provided to a patient, including the  prescription and delivery of the treatment or care. 
    "Medication error" means one or more violations  of the five principles of medication administration: the correct drug to the  right patient at the prescribed time in the prescribed dose via the prescribed  route.
    "Nursing services" means the patient care performed  or supervised by a registered nurse according to a plan of care. 
    "OLC" means the Office of Licensure and Certification  of the Virginia Department of Health. 
    "Operator" means any individual, partnership,  association, trust, corporation, municipality, county, local government agency  or any other legal or commercial entity responsible for the day-to-day  administrative management and operation of the hospice. 
    "Palliative care" means treatment directed at  controlling pain, relieving other symptoms, and focusing on the special needs  of the patient and family as they experience the stress of the dying process.  Palliative care means treatment to enhance comfort and improve the quality of a  patient's life during the last phase of his life. 
    "Patient" means a diagnosed terminally ill  individual, with an anticipated life expectancy of six months or less, who,  alone or in conjunction with designated family members or representatives, has  voluntarily requested admission and been accepted into a licensed hospice  program. 
    "Patient's family" means the hospice patient's  immediate kin, including spouse, brother, sister, child or parent. Other  relations and individuals with significant personal ties to the hospice patient  may be designated as members of the patient's family by mutual agreement among  the patient, the relation or individual. 
    "Patient's residence" means the place where the  individual or patient makes his home. 
    "Person" means any individual, partnership,  association, trust, corporation, municipality, county, local government agency  or any other legal or commercial entity that operates a hospice. 
    "Plan of care" means a written plan of services  developed by the interdisciplinary group to maximize patient comfort by symptom  control to meet the physical, psychosocial, spiritual and other special needs  that are experienced during the final stages of illness, during dying, and  bereavement. 
    "Primary caregiver" means an individual that,  through mutual agreement with the patient and the hospice program, assumes  responsibility for the patient's care. 
    "Progress note" means a documented statement  contained in a patient's medical record, dated and signed by the person  delivering the care, treatment or service, describing the treatment or services  delivered and the effect of the care, treatment or services on the patient. 
    "Quality improvement" means ongoing activities  designed to objectively and systematically evaluate the quality of care and  services, pursue opportunities to improve care and services, and resolve  identified problems. Quality improvement is an approach to the ongoing study  and improvement of the processes of providing services to meet the needs of  patients and their families. 
    "Staff" means an employee who receives financial  compensation. 
    "Supervision" means the ongoing process of  monitoring the skills, competencies and performance of the individual  supervised and providing regular face-to-face guidance and instruction. 
    "Terminally ill" means a medical prognosis that  life expectancy is six months or less if the illness runs its usual course. 
    "Volunteer" means an employee who receives no  financial compensation. 
    12VAC5-391-120. Dedicated hospice Hospice  facilities. 
    A. Providers seeking to operate a dedicated hospice  facility shall comply with the appropriate facility licensing regulation as  follows: 
    1. Up to five patient beds, facilities shall be licensed  as: Facilities with 16 or fewer beds shall be licensed as a hospice  facility pursuant to this chapter. Such facilities with six or more beds shall  obtain a Certificate of Use and Occupancy with a Use Group designation of I-2;  or
    a. An assisted living facility pursuant to 22VAC40-71; 
    b. A hospital pursuant to 12VAC5-410; or 
    c. A nursing facility pursuant to 12VAC5-371; or 
    2. Six or more patient beds, facilities shall be licensed  as: Facilities with more than 16 beds shall be licensed as a hospital  pursuant to 12VAC5-410 or as a nursing facility pursuant to 12VAC5-371. Such  facilities shall obtain the applicable Certificate of Public Need prior to the  development or construction of the facility.
    a. An assisted living facility, pursuant to 22VAC40-71 with  a classified Use Group of I-2; 
    b. A hospital pursuant to 12VAC5-410; or 
    c. A nursing facility pursuant to 12VAC5-371. 
    Facilities to be licensed as a hospital or a nursing  facility shall obtain the applicable Certificate of Public Need (COPN). 
    B. Only patients diagnosed terminally ill shall be admitted  to a dedicated hospice facility. The facility shall admit only those  patients whose needs can be met by the accommodations and services provided by  the facility. 
    C. To the maximum extent possible, care shall be provided  in the patient's home. Admission to a dedicated hospice facility  shall be the decision of the patient in consultation with the patient's  physician. No patient shall be admitted to a hospice facility at the discretion  of, or for the convenience of, the hospice provider. 
    D. No dedicated hospice facility shall receive for  care, treatment, or services patients in excess of the its  licensed bed capacity. However, facilities licensed as a nursing facility  may provide temporary shelter for evacuees displaced due to a disaster. In  those cases, the facility may exceed the licensed capacity for the duration of  that emergency only provided the health, safety, and well being of all patients  is not compromised and the OLC is notified. 
    E. All hospice providers operating a hospice facility  shall provide, to the extent possible, respite and symptom management services  for their patients needing such services. 
    E. F. No dedicated hospice facility  provider shall add additional patient beds or renovate facility space without  first notifying the OLC and the applicable facility licensing authority.  OLC notifications must be in writing to the director of the OLC. 
    F. G. The OLC will not accept any requests for  variances to this section.
    12VAC5-391-150. Return of a license. 
    A. The circumstances under which a license must be returned  include, but are not limited to:
    (i) change 1. A change in ownership or operator,;  
    (ii) change in hospice 2. A change in program  name,;
    (iii) relocation 3. The relocation of the  administrative office,; 
    (iv) discontinuation 4. The discontinuation of  any core services,; and 
    (v) establishment of a dedicated 5. The relocation  of a hospice facility. 
    B. The licensee shall notify its patients and the OLC in  writing 30 days prior to discontinuing any services. 
    C. If the hospice program is no longer operational, or the  license is revoked or suspended, the license shall be returned to the OLC  within five working days. The licensee is responsible for notifying its patients  and the OLC where all medical records will be located. 
    Part II 
  Administrative Services 
    12VAC5-391-160. Management and administration. 
    A. No person shall establish or operate a hospice program or  a hospice facility, as defined in § 32.1-162.1 of the Code of Virginia,  without having obtained a license. 
    B. The hospice program must comply with: 
    1. This chapter (12VAC5-391); 
    2. Other applicable federal, state or local laws and  regulations; and 
    3. The hospice program's own policies and procedures. 
    When applicable regulations are similar, the more stringent  regulation shall take precedence. 
    C. The hospice program shall submit or make available reports  and information necessary to establish compliance with this chapter and  applicable law. 
    D. The hospice program shall permit representatives from the  OLC to conduct inspections to: 
    1. Verify application information; 
    2. Determine compliance with this chapter; 
    3. Review necessary records and documents; and 
    4. Investigate complaints. 
    E. The hospice program shall notify the OLC 30 working days  in advance of changes effecting the hospice program, including the: 
    1. Location of the administrative office or mailing address of  the hospice program; 
    2. Ownership or operator; 
    3. Services provided; 
    4. Administrator; 
    5. Hospice program name; 
    6. Establishment or relocation of a dedicated  hospice facility; and 
    7. Closure of the hospice program. 
    F. The current license from the department shall be posted  for public inspection. 
    G. Service providers or individuals under contract must  comply with the hospice program's policies and this chapter, as appropriate. 
    H. The hospice program shall not use any advertising that  contains false, misleading or deceptive statements or claims, or false or  misleading disclosures of fees and payment for services. 
    I. The hospice program shall have regular posted business  hours and be fully operational during business hours. Patient care services  shall be available 24 hours a day, seven days a week. This does not mean that a  hospice program must accept new clients on an emergency basis during  nonbusiness hours. 
    J. The hospice program shall accept a patient only when the  hospice program can adequately meet that patient's needs. 
    K. The hospice program must have an emergency preparedness  plan in case of inclement weather or natural disaster to include contacting and  providing essential care to patients, coordinating with community agencies to  assist as needed, and maintaining current information on patients who would  require specialized assistance. 
    L. The hospice program shall encourage and facilitate the  availability of flu shots for its staff and patients.
    12VAC5-391-180. Administrator.
    A. The governing body shall appoint as administrator an  individual who has evidence of at least one year of training and experience in  direct health care service delivery with at least one year, within the last  five years, of supervisory or administration management experience in hospice  care or a related health care delivery system. 
    B. The administrator shall have operational knowledge of  Virginia's hospice laws and regulations and the interrelationship between state  licensure and national certification or accrediting organizations such as the  Centers for Medicare and Medicaid Services and The Joint Commission (formerly  the Joint Commission on Accreditation and Healthcare Organizations).
    B. C. The administrator shall be responsible  for the day-to-day management of the hospice program, including but not limited  to: 
    1. Organizing and supervising the administrative functions of  the hospice program; 
    2. Maintaining an on-going ongoing liaison with  the governing body, the professional personnel and staff; 
    3. Employing qualified personnel and ensuring adequate  employee orientation, training, education and evaluation; 
    4. Ensuring the accuracy of public information materials and  activities; 
    5. Implementing an effective budgeting and accounting system; 
    6. Maintaining compliance with applicable laws and regulations  and implementing corrective action in response to reports of hospice program  committees and regulatory agencies; 
    7. Arranging and negotiating services provided through  contractual agreement; and 
    8. Implementing the policies and procedures approved by the  governing body. 
    C. An individual who meets the qualifications of  subsection A of this section shall be D. The individual designated in  writing to perform the duties of the administrator when the administrator  is absent from the hospice program shall be able to perform those duties of  the administrator as identified in subsection C of this section. 
    Hospice programs shall have one year from the effective  date of this chapter to ensure that the individuals currently designated meet  the qualifications of subsection A of this section. 
    D. E. The administrator or alternate shall be  available at all times during operating hours and for emergency situations. 
    Part III 
  Hospice Program Services 
    Article 1 
  Hospice Services 
    12VAC5-391-300. Hospice services. 
    A. Each hospice shall provide a coordinated program of  services encompassing the hospice philosophy that: 
    1. The unit of care consists of the patient, the primary  caregiver, and the patient's family; 
    2. Emphasizes in-home care; 
    3. A designated interdisciplinary group supervises the  patient's care; 
    4. A patient's symptoms and physical pain will be  appropriately assessed and managed; 
    5. Services are available 24 hours a day, 7 days a week; 
    6. Inpatient care is provided in an atmosphere as home-like as  practical; 
    7. Bereavement services are available to the family after the  death of the patient; and 
    8. Trained volunteers are utilized to perform specific job  functions in the hospice service delivery system. 
    B. Specific services provided according to the plan of care  shall include: 
    1. Nursing services; 
    2. Counseling services; 
    3. Medical social services; 
    4. Physician services; 
    5. Physical therapy, occupational therapy, speech-language  pathology; 
    6. Home attendant services; 
    7. Short-term inpatient care; and 
    8. Medical appliances and supplies, including drugs and  biologicals, relevant to the patient's terminal illness. 
    C. Inpatient services shall be provided in a licensed  hospital or nursing facility. 
    D. C. There shall be a written transfer  agreement with an inpatient facility for one or more hospitals  sufficiently close to the hospice's service area to permit the transfer of  patients if medical complications arise. Such agreement shall include, but is  not limited to, interagency communication processes and coordination of the patient's  plan of care, and shall clearly identify the services to be provided by the  facility and the hospice each entity while the patient is at the inpatient  facility hospital. 
    D. Provisions shall be made to obtain appropriate  transportation in cases of emergency.
    E. All prescription drugs shall be prescribed and properly  dispensed to patients according to the provisions of Chapters 33 (§ 54.1-3300  et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia and  the regulations of the Virginia Board of Pharmacy, except for the prescription  drugs authorized by § 54.1-3408 of the Drug Control Act, such as epinephrine  for emergency administration, normal saline and heparin flushed for the  maintenance of IV lines, and adult immunizations, which may be given by a nurse  pursuant to established protocol. 
    12VAC5-391-395. Medication errors and drug reactions.
    A. In the event of a medication error or adverse drug  reaction, employees shall promptly notify the patient's physician, the medical  director, the nurse and the patient's family and shall take action as directed.
    B.  Actions taken shall be documented in the  patient's record.
    C. The hospice facility shall review all medication errors  at least quarterly as part of its quality assurance program. 
    Part IV 
  Dedicated Hospice Facilities 
    12VAC5-391-440. General facility requirements. 
    A. In addition to the facility licensure requirements in  12VAC5-391-120, providers of dedicated hospice facilities shall maintain  compliance with the standards of this section. 
    B. A. All construction of new buildings and  additions, renovations or alterations of existing buildings for occupancy as a dedicated  hospice facility shall comply with applicable state and federal laws and  regulations conform to state and local codes, zoning and building  ordinances and the Uniform Statewide Building Code.
    In addition, hospice facilities shall be designed and  constructed according to section 4.2 of Part 4 of the 2006 Guidelines for  Design and Construction of Health Care Facilities of the American Institute of  Architects. However, the requirements of the Uniform Statewide Building Code  and local zoning and building ordinances shall take precedence.
    B. All buildings shall be inspected and approved as  required by the appropriate regional state fire marshal's office or building  and fire regulatory official. Approval shall be a Certificate of Use and  Occupancy indicating the building is classified for its proposed licensed  purpose. 
    C. The facility shall provide 24-hour nursing services  sufficient to meet the total nursing needs according to individual plans of  care, including treatments, medication, and diet as prescribed, of the patients  and shall keep patients comfortable, clean, well-groomed, and protected from  accident, injury, and infection. 
    D. C. The facility must have space for private  patient family visiting and accommodations for family members after a patient's  death. Patients shall be allowed to receive guests, including small children,  at any hour. 
    E. D. Patient rooms shall not exceed two  beds per room and must be at grade level or above, enclosed by four  ceiling-high walls, and able to house one or more patients. Each room  shall be equipped for adequate nursing care, the comfort and privacy of  patients, and with a device for calling the staff member on duty. 
    F. E. Designated guest rooms for family members  or patient guests and beds for use by employees of the facility shall not be  included in the bed capacity of a hospice facility provided such beds and  locations are identified and used exclusively by staff, volunteers or patient  guests. 
    Employees shall not utilize patient rooms nor shall bedrooms  for employees be used by patients. 
    G. F. Waste storage shall be located in a  separate area outside or easily accessible to the outside for direct pickup or  disposal. The use of an incinerator shall require permitting from the nearest  regional permitting office for the Department of Environmental Quality. 
    H. The facility shall assist in obtaining transportation,  when necessary, to obtain medical and psychiatric care, routine and emergency  dental care, diagnostic or other services outside the facility. 
    I. G. The facility shall provide or arrange for  under written agreement, laboratory, x-ray, and other diagnostic services, as  ordered by the patient's physician. 
    J. H. There shall be a plan implemented to  assure the continuation of essential patient support services in case of power  outages, water shortage, or in the event of the absence from work of any  portion of the workforce resulting from inclement weather or other causes. 
    I. No part of a hospice facility may be rented, leased or  used for any purpose other than the provision of hospice care at the facility.
    J. The hospice facility shall maintain a complete set of  legible "as built" drawings showing all construction, fixed  equipment, and mechanical and electrical systems, as installed or built.
    12VAC5-391-445. Additional building regulations and  standards.
    A. Water shall be obtained from an approved water supply  system. Hospice facilities shall be connected to sewage systems approved by the  Department of Health or the Department of Environmental Quality.
    B. Each hospice facility shall establish a monitoring  program for the internal enforcement of all applicable fire and safety laws and  regulations.
    C. The hospice facility's food services shall comply with  12VAC5-421.
    D. A hospice facility's pharmacy services shall comply  with Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title  54.1 of the Code of Virginia and 18VAC110-20.
    12VAC5-391-446. Financial controls and patient funds.
    A. All financial records, including resident funds, shall  be kept according to generally accepted accounting principles.
    B. Hospice facilities choosing to handle patient funds  shall, upon receipt of a patient's written delegation of this responsibility:
    1. Give the patient at least a quarterly accounting of  financial transactions made on his behalf and shall permit the patient access  to the records of financial transactions made on his behalf at least once a  month;
    2. Purchase a surety bond or otherwise provide assurance  for the security of all personal funds deposited with the facility; and
    3. Provide for separate accounting of patient funds.
    C. In the event the hospice facility is sold, the provider  shall verify that all patient funds have been transferred or returned to the  patient and shall obtain a signed receipt from the new owner of all patient  funds transferred. Upon receipt, the new owner shall provide an accounting of  resident funds transferred to the respective patient.
    D. When a patient with funds deposited with the facility  leaves or is discharged, the facility shall give a final accounting, within 30  days, of those funds to the patient or the individual administering the  patient's estate and, if appropriate, refund any money due.
    12VAC5-391-450. Required staffing. 
    A. Each shift must include at least one registered nurse  providing direct patient care There shall be an individual, designated  in writing, responsible for the day-to-day management and operation of the  hospice facility. Such individual shall report directly to the program  administrator and shall be qualified to perform the duties identified in  12VAC5-391-180 C.
    B. Minimum staffing for a hospice facility with five  patient beds shall consist of one registered nurse and one additional direct  care staff member on duty at all times. Staffing for hospice facilities with  six or more beds shall be based on the assessed needs of the patients in the  facility The facility shall provide 24-hour nursing services sufficient  to meet the total nursing needs of its patients according to individual plans  of care, including treatments, medication, and diet as prescribed, and shall  keep patients comfortable, clean, well-groomed, and protected from accident,  injury and infection.
    C. The hospice facility shall have a sufficient number of  trained and supervised staff to meet the needs of each patient. At least two  staff, one of which is a licensed nurse, must be on duty when patients are  present. However, facilities with six or fewer beds may staff with a single  licensed nurse provided compliance with subsection B of this section is  maintained.
    If the nurse on duty is not a registered nurse, then a  registered nurse must be on call and able to respond to emergent calls within  20 minutes.
    12VAC5-391-460. Pharmacy services. 
    A. Provision shall be made for the procurement, storage,  dispensing, and accounting of drugs and other pharmacy products. This may be by  arrangement with an off-site pharmacy, but must include provisions for 24-hour  emergency service Whether medications and biologicals are obtained from  community or institutional pharmacies, the hospice facility is responsible for  assuring availability for medications and biologicals, including 24-hour  emergency services, for its patients and for ensuring that pharmaceutical  services are provided according to accepted professional principles and  appropriate federal and state laws.
    B. The dedicated facility shall comply with the  Virginia Board of Pharmacy regulations related to pharmacy services in  long-term care facilities, i.e., Part XII (18VAC110-20-530 et seq.) of the  Virginia Board of Pharmacy Regulations. 
    C. Each dedicated hospice facility shall develop and  implement policies and procedures for the handling of drugs and biologicals,  including procurement, storage, administration, medication errors,  self-administration and, disposal and accounting of drugs and  other pharmacy products. 
    D. Each facility shall have a written agreement with a  qualified pharmacist to provide consultation on all aspects of the provision of  pharmacy services in the facility. 
    The consultant pharmacist shall make regularly scheduled  visits, at least monthly quarterly, to the facility for a  sufficient number of hours to carry out the function of the agreement. 
    E. Each prescription container shall be individually labeled  by the pharmacist for each patient or provided in an individualized unit dose  system. 
    F. No drug or medication shall be administered to any patient  without a valid verbal order or a written, dated and signed order from a  physician, dentist or podiatrist, nurse practitioner or physician assistant,  licensed in Virginia. 
    G. Verbal orders for drugs or medications shall only be given  to a licensed nurse, pharmacist or physician. 
    H. Each patient's medication regimen shall be reviewed by a  pharmacist licensed in Virginia. Any irregularities identified by the  pharmacist shall be reported to the physician and the director of nursing, and  their response documented. 
    I. Medication orders shall be reviewed at least every 60 days  by the attending physician, nurse practitioner, or physician's assistant. 
    J. Prescription and nonprescription drugs and medications may  be brought into the facility by a patient's family, friend or other person  provided: 
    1. The individual delivering the drugs and medications assures  timely delivery, in accordance with the facility's written policies, so that  the patient's prescribed treatment plan is not disrupted; 
    2. Each drug or medication is in an individual container; and 
    3. Delivery is not allowed directly to an individual patient. 
    In addition, prescription medications shall be: 
    4. Obtained from a pharmacy licensed by the state or federal  authority; and 
    5. Securely sealed and labeled by a licensed pharmacist  according to 18VAC110-20-330 and 18VAC110-20-340. 
    12VAC5-391-480. Food Dietary and food service. 
    A. The facility shall provide dietary services to meet the  daily nutritional needs of patients. 
    B. If the facility has patients requiring medically  prescribed special diets, the menus for such diets shall be planned by a  dietitian qualified according to Chapter 27.1 (§ 54.1-2730 et seq.) of Title  54.1 of the Code of Virginia, or shall be reviewed and approved by a physician.  The facility shall provide supervision of the preparation and serving of any  special diets The hospice facility shall employ sufficient assigned food  service personnel trained to provide a hygienic dietary service that meets the  daily nutritional and special dietary needs of patients, and provides palatable  and attractive meals.
    C. When meals are catered to a hospice facility, such  meals shall be obtained from a food service establishment licensed by the  Virginia Department of Health. There shall be a current written contract with  the food service establishment pursuant to 12VAC5-391-230. 
    D. The hospice facility shall contract with a consulting  registered dietitian, who meets the qualifications of § 54.1-2731 of the  Code of Virginia, to provide guidance to the facility's food service personnel  on methods for maintaining the dietary service, planning of nutritionally  balanced meals, and assessing the dietary needs of individual patients. The  dietitian's duties shall include the following:
    1. Developing menus, including therapeutic diets prescribed  by a patient's physician;
    2. Developing, revising, and annually reviewing dietary  policies, procedures and job descriptions;
    3. Assisting in planning and conducting regularly scheduled  inservice training that includes, but is not limited to:
    a. Therapeutic diets;
    b. Food preparation requirements; and
    c. Principles of sanitation.
    4. Visiting patients on a regular basis to discuss  nutritional problems, depending upon their needs and level of care, and  recommending appropriate solutions.
    E. Menus shall meet the dietary allowances of the Food and  Nutritional Board of the National Academy of Sciences, as adjusted for age,  sex, and activity level.
    F. A copy of a diet manual containing acceptable practices  and standards for nutrition must be kept current and on file in the food  preparation area.
    G. Food service facilities shall be located in a  designated area and shall include the following rooms or spaces:
    1. Kitchen;
    2. Dishwashing;
    3. Food storage; and
    4. Dining room.
    H. At least three meals, served at regular intervals,  shall be provided daily to each patient, unless contraindicated as documented  by the attending physician in the patient's medical record.
    I. Special attention shall be given to preparation and  prompt serving in order to maintain correct food temperatures for serving.
    J. Between meal snacks of nutritional value shall be available  upon request to each patient according to their plan of care.
    K. Therapeutic diets shall be prepared and served as  prescribed by the attending physician.
    L. Employees assigned to other duties in the facility and  visitors shall not be allowed in the food preparation area during food  preparation and patient meal service hours, except in cases of emergency.
    M. Weekly menus, including therapeutic diets, substitutes,  and copies of menus, as served, shall be retained on file for 12 months.
    N. Disposable dinnerware or tableware shall be used only  for emergencies, for infection control, as part of special activities, or as  indicated in a patient's plan of care.
    O. For hospice facilities with 13 or more patient beds:
    1. The dietary and food service operation shall meet all  applicable sections of 12VAC5-421; and
    2. There shall be a food service manager, qualified as  allowed in 12VAC5-421-60, responsible for the full-time management and  supervision of the dietary service.
    12VAC5-391-485. Maintenance and housekeeping.
    A. The hospice facility shall be maintained and equipped  to provide a functional, sanitary, safe, and comfortable environment.
    B. A documented preventive maintenance program shall be  established to ensure that equipment is operative and that the interior and  exterior of the building or buildings are maintained in good repair and free  from hazards and litter.
    C. The administrator shall designate an employee  responsible for carrying out these functions and for training and supervising  housekeeping and maintenance personnel.
    D. The heating, ventilation and air conditioning system  shall be capable of maintaining temperatures between 70°F and 80°F throughout  patient areas.
    E. The hospice facility shall have an effective pest  control program either by maintenance personnel or by contract with a pest  control company.
    F. The hospice facility shall provide adequate space,  equipment and supplies for any special services to be offered.
    G. All furniture shall be kept clean and safe for use.
    H. Over bed tables shall be available as needed.
    I. Stretchers and wheelchairs shall be stored out of the  path of normal traffic.
    J. A sufficient number of wheelchairs and chairs shall be  provided for patients whose physical conditions indicate a need for such  equipment.
    K. Refuse containers shall be emptied and cleaned at  frequent intervals.
    L. Hazardous cleaning solutions, compounds and substances  shall be labeled, stored and kept under lock in a safe place separate from  other materials.
    12VAC5-391-495. Transportation.
    The hospice facility shall assist a patient in obtaining  transportation when it is necessary to obtain medical, psychiatric, dental,  diagnostic or other services outside the facility.
    12VAC5-391-500. Pet care. 
    A. If the facility chooses to permit pets, then healthy  animals that are free of fleas, ticks and intestinal parasites, that have been  screened by a veterinarian prior to entering the facility, that have received  required inoculations and that represent no apparent threat to the health,  safety, and well-being of the patients may be permitted provided they are  properly cared for and the pet and its housing or bedding are kept clean The  hospice facility shall implement policies regarding pets, whether the pet is  visiting or in residence. 
    B. Pets shall not be allowed near patients with pet  allergies or patients choosing not to be disturbed by animals. The  hospice facility shall ensure that any patient's rights, preferences, and  medical needs are not compromised by the presence of an animal. Pets shall  not be allowed in dining and kitchen areas when food is being prepared or  served.
    C. All pets, whether visiting or in residence, shall be in  good health, clean and well-groomed, show no evidence of carrying disease, have  a suitable temperament, and pose no significant health or safety risks to  patients, staff, volunteers, or visitors. 
    D. For pets in residences, the facility shall:
    1. Disclose to potential and current patients the types of  pets and the conditions under which pets are allowed in residence; 
    2. Maintain documentation of disclosure of pet policies in  the patients' records;
    3. Ensure that, before living in the facility, the pet's  owner provides current documentation that the pet has had all recommended or  required immunizations; 
    4. Ensure that regular pet examinations and immunizations  are maintained; and
    5. Ensure that resident pets are properly cared for and  that the pet and its housing or bedding are kept clean.
    12VAC5-391-510. Safety and emergency preparedness.
    A. A written emergency preparedness plan shall be  developed, reviewed, and implemented when needed. The plan shall address  responses to natural disasters, as well as fire or other emergencies that  disrupts the normal course of operations. The plan shall include, but not be  limited to:
    1. The continuation of essential patient support services  in case of power outages, water shortages, or in the event of absences from  work of any portion of the workforce resulting from inclement weather or other  causes;
    2. The preparation of patients for potential or imminent  emergencies and disasters;
    3. Alerting emergency personnel and sounding alarms; 
    4. Using, maintaining and operating emergency equipment; 
    5. Accessing patient emergency medical information; 
    6. Utilizing community support services;
    7. A sheltering plan that addresses, but is not limited to:
    a. Sheltering in place as well as off-site relocation  arrangements;
    b. Implementing evacuation procedures; and 
    c. A letter of agreement with off-site sheltering  locations; 
    8. A transportation plan including:
    a. Agreements with entities for relocating patients; 
    b. Number and type of vehicles required; and
    c. Procedures for providing appropriate medical support and  medications during relocation; and
    9. A staffing plan for relocated patients, including:
    a. The number and type of staff needed to provide  appropriate care to relocated patients; and
    b. Plans for relocating staff or assuring transportation to  the sheltering facility.
    B. All staff shall participate in periodic emergency  preparedness training. 
    C. Staff shall have documented knowledge of, and be  prepared to implement, the emergency preparedness plan in the event of an  emergency. 
    D. At least one telephone shall be available in each area  to which patients are admitted and additional telephones or extensions as are  necessary to ensure availability in case of need. 
    E. In the event of a disaster, fire, medication error,  suspicious death, emergency or any other condition that may jeopardize the  health, safety and well-being of patients, the facility shall notify the  department of the conditions and status of the patients and the hospice  facility as soon as possible, but no later than 24 hours after the incident. 
    F. The hospice facility shall have a policy on smoking. 
    DOCUMENTS INCORPORATED BY REFERENCE (12VAC5-391) 
    Personal Care Aide Training Curriculum, 2003, Department of  Medical Assistance Services. 
    2006, Guidelines for Design and Construction of Health  Care Facilities, The Facility Guidelines Institute, The American Institute of  Architects Academy of Architecture for Health, 1-800-242-3837.
    VA.R. Doc. No. R08-964; Filed October 30, 2008, 3:05 p.m. 
TITLE 16. LABOR AND EMPLOYMENT
VIRGINIA WORKERS' COMPENSATION COMMISSION
Final Regulation
        REGISTRAR'S NOTICE: The following  model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et  seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant to Chapter  321 of the 2008 Acts of Assembly.
         Titles of Regulations: 16VAC30-11. Public  Participation Guidelines (repealing 16VAC30-11-10, 16VAC30-11-20,  16VAC30-11-30).
    16VAC30-12. Public Participation Guidelines (adding 16VAC30-12-10 through 16VAC30-12-110). 
    Statutory Authority: §§ 2.2-4007.02 and 65.2-201 of  the Code of Virginia.
    Effective Date: December 24, 2008.
    Agency Contact: Matthew Bryant, Director, Technology  Alignment Program, Virginia Workers' Compensation Commission, 1000 DMV Drive,  Richmond, VA 23220, telephone (804) 367-2253, FAX (877) 366-5495, or email  matthew.bryant@vwc.state.va.us.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 12 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    16VAC30-12-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Virginia Workers' Compensation Commission. This chapter does not apply to regulations,  guidelines, or other documents exempted or excluded from the provisions of the  Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    16VAC30-12-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Virginia Workers'  Compensation Commission, which is the unit of state government empowered by the  agency's basic law to make regulations or decide cases. Actions specified in  this chapter may be fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed regulatory  action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    16VAC30-12-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    16VAC30-12-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 16VAC30-12-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    16VAC30-12-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    16VAC30-12-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    16VAC30-12-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    16VAC30-12-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    16VAC30-12-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    16VAC30-12-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    16VAC30-12-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1459; Filed October 27, 2008, 4:20 p.m. 
TITLE 16. LABOR AND EMPLOYMENT
VIRGINIA WORKERS' COMPENSATION COMMISSION
Final Regulation
        REGISTRAR'S NOTICE: The following  model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et  seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant to Chapter  321 of the 2008 Acts of Assembly.
         Titles of Regulations: 16VAC30-11. Public  Participation Guidelines (repealing 16VAC30-11-10, 16VAC30-11-20,  16VAC30-11-30).
    16VAC30-12. Public Participation Guidelines (adding 16VAC30-12-10 through 16VAC30-12-110). 
    Statutory Authority: §§ 2.2-4007.02 and 65.2-201 of  the Code of Virginia.
    Effective Date: December 24, 2008.
    Agency Contact: Matthew Bryant, Director, Technology  Alignment Program, Virginia Workers' Compensation Commission, 1000 DMV Drive,  Richmond, VA 23220, telephone (804) 367-2253, FAX (877) 366-5495, or email  matthew.bryant@vwc.state.va.us.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 12 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    16VAC30-12-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Virginia Workers' Compensation Commission. This chapter does not apply to regulations,  guidelines, or other documents exempted or excluded from the provisions of the  Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    16VAC30-12-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Virginia Workers'  Compensation Commission, which is the unit of state government empowered by the  agency's basic law to make regulations or decide cases. Actions specified in  this chapter may be fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed regulatory  action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    16VAC30-12-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    16VAC30-12-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 16VAC30-12-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    16VAC30-12-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    16VAC30-12-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    16VAC30-12-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    16VAC30-12-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    16VAC30-12-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    16VAC30-12-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    16VAC30-12-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1459; Filed October 27, 2008, 4:20 p.m. 
TITLE 17. LIBRARIES AND CULTURAL RESOURCES
BOARD OF HISTORIC RESOURCES
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 17VAC5-10. Public  Participation Guidelines (repealing 17VAC5-10-10 through 17VAC5-10-40).
    17VAC5-11. Public Participation Guidelines (adding 17VAC5-11-10 through 17VAC5-11-110).
    Statutory Authority: §§ 2.2-4007.02 and 10.1-2205 of the  Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: M. Catherine Slusser, Director, Resource  Information Division, Department of Historic Resources, 2801 Kensington Ave.,  Richmond, VA 23221, telephone (804) 367-2323, FAX (804) 367-2391, or email  catherine.slusser@dhr.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    17VAC5-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Board of Historic Resources. This chapter does not apply to regulations,  guidelines, or other documents exempted or excluded from the provisions of the  Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    17VAC5-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Board of Historic Resources,  which is the unit of state government empowered by the agency's basic law to  make regulations or decide cases. Actions specified in this chapter may be  fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    17VAC5-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    17VAC5-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 17VAC5-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    17VAC5-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing after  the publication of a regulatory action in the Virginia Register as follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the publication  of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    17VAC5-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    17VAC5-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    17VAC5-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    17VAC5-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    17VAC5-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    17VAC5-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1460; Filed November 4, 2008, 11:49 a.m. 
TITLE 17. LIBRARIES AND CULTURAL RESOURCES
BOARD OF HISTORIC RESOURCES
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 17VAC5-10. Public  Participation Guidelines (repealing 17VAC5-10-10 through 17VAC5-10-40).
    17VAC5-11. Public Participation Guidelines (adding 17VAC5-11-10 through 17VAC5-11-110).
    Statutory Authority: §§ 2.2-4007.02 and 10.1-2205 of the  Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: M. Catherine Slusser, Director, Resource  Information Division, Department of Historic Resources, 2801 Kensington Ave.,  Richmond, VA 23221, telephone (804) 367-2323, FAX (804) 367-2391, or email  catherine.slusser@dhr.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    17VAC5-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Board of Historic Resources. This chapter does not apply to regulations,  guidelines, or other documents exempted or excluded from the provisions of the  Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    17VAC5-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Board of Historic Resources,  which is the unit of state government empowered by the agency's basic law to  make regulations or decide cases. Actions specified in this chapter may be  fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    17VAC5-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    17VAC5-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 17VAC5-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    17VAC5-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing after  the publication of a regulatory action in the Virginia Register as follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the publication  of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    17VAC5-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    17VAC5-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    17VAC5-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    17VAC5-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    17VAC5-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    17VAC5-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1460; Filed November 4, 2008, 11:49 a.m. 
TITLE 17. LIBRARIES AND CULTURAL RESOURCES
DEPARTMENT OF HISTORIC RESOURCES
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 17VAC10-10. Public  Participation Guidelines (repealing 17VAC10-10-10 through 17VAC10-10-40).
    17VAC10-11. Public Participation Guidelines (adding 17VAC10-11-10 through 17VAC10-11-110). 
    Statutory Authority: §§ 2.2-4007.02 and 10.1-2202 of the  Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: M. Catherine Slusser, Deputy Director  for Policy and Planning, Department of Historic Resources, 2801 Kensington  Ave., Richmond, VA 23221, telephone (804) 367-2323 ext. 104, FAX (804)  367-2391, or email catherine.slusser@dhr.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    17VAC10-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Department of Historic Resources. This chapter does not apply to regulations,  guidelines, or other documents exempted or excluded from the provisions of the  Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    17VAC10-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Department of Historic  Resources, which is the unit of state government empowered by the agency's  basic law to make regulations or decide cases. Actions specified in this  chapter may be fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    17VAC10-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    17VAC10-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 17VAC10-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    17VAC10-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    17VAC10-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    17VAC10-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    17VAC10-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    17VAC10-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    17VAC10-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    17VAC10-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1461; Filed November 4, 2008, 11:50 a.m. 
TITLE 17. LIBRARIES AND CULTURAL RESOURCES
DEPARTMENT OF HISTORIC RESOURCES
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 17VAC10-10. Public  Participation Guidelines (repealing 17VAC10-10-10 through 17VAC10-10-40).
    17VAC10-11. Public Participation Guidelines (adding 17VAC10-11-10 through 17VAC10-11-110). 
    Statutory Authority: §§ 2.2-4007.02 and 10.1-2202 of the  Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: M. Catherine Slusser, Deputy Director  for Policy and Planning, Department of Historic Resources, 2801 Kensington  Ave., Richmond, VA 23221, telephone (804) 367-2323 ext. 104, FAX (804)  367-2391, or email catherine.slusser@dhr.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    17VAC10-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Department of Historic Resources. This chapter does not apply to regulations,  guidelines, or other documents exempted or excluded from the provisions of the  Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    17VAC10-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Department of Historic  Resources, which is the unit of state government empowered by the agency's  basic law to make regulations or decide cases. Actions specified in this  chapter may be fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    17VAC10-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    17VAC10-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 17VAC10-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    17VAC10-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    17VAC10-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    17VAC10-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    17VAC10-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    17VAC10-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    17VAC10-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    17VAC10-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1461; Filed November 4, 2008, 11:50 a.m. 
TITLE 17. LIBRARIES AND CULTURAL RESOURCES
LIBRARY OF VIRGINIA (LIBRARY BOARD)
Final Regulation
    Title of Regulation:  17VAC15-120. Regulations Governing the Destruction of Public Records Containing  Social Security Numbers (adding 17VAC15-120-10, 17VAC15-120-20,  17VAC15-120-30).
    Statutory Authority: §§ 42.1-8 and 42.1-82 of the Code  of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: Conley Edwards, State Archivist, Library  of Virginia, 800 East Broad Street, Richmond, VA 23219-8000, telephone (804)  692-3554, FAX (804) 692-3600, TTY (804) 692-3976, or email  conley.edwards@lva.virginia.gov.
    Summary:
    The regulation addresses best methods for destruction of  public records containing social security numbers so that the social security  numbers in these records cannot be used for identity theft. The regulation  provides that any public records, regardless of media, that contain social  security numbers are to be destroyed at the end of their retention period in a  manner that protects the confidentiality of the information. These records are  to be destroyed, made electronically inaccessible, or erased so as to make  social security numbers unreadable by any means.
    Changes from the proposed regulation include adding  definitions of "backup tapes," "custodian," and  "pulped"; removing the phrases "other privacy protected  information," and "privacy protected data," as outside of the  regulation's scope; removing the requirement that data be overwritten multiples  times; replacing the phrases referencing overwriting of backup tapes with  requirement that data be totally obliterated; changing the requirement on  crosscutting and shredding to apply only to shredding done within an agency or  office; and adding that destruction should be witnessed by an agency  representative if performed by a contractor.
    Summary of Public Comments and Agency's Response: A  summary of comments made by the public and the agency's response may be  obtained from the promulgating agency or viewed at the office of the Registrar  of Regulations. 
    CHAPTER 120 
  REGULATIONS GOVERNING THE DESTRUCTION OF PUBLIC RECORDS CONTAINING SOCIAL  SECURITY NUMBERS 
    17VAC15-120-10. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    [ "Backup tapes" means a copy of all or  portions of software or data files on a system kept on storage media, such as  tape or disk, or on a separate system so that the files can be restored if the  original data is deleted or damaged and that are overwritten on a regular  basis.
    "Custodian" means the individual or organization  having possession of and responsibility for the care and control of records. ]  
    "Electronic record" means records created  [ or, ] stored [ or accessed ]  by electronic means, including but not limited to computer files and  optically scanned files on tapes, disks, CD-ROMs or internal memory.
    "Overwritten" means replacing previously stored  data on a drive or disk with a predetermined pattern of meaningless information  that renders the data unrecoverable.
    [ "Pulped" means a technique of macerating  paper documents by soaking them in water and grinding them into pulp. ]  
    "Retention period" means the required time  period and disposition action indicated in a Library of Virginia-approved  records retention and disposition schedule.
    "Shredding" means destroying paper records by  mechanical cutting. Cross-cut shredders cut in two directions, 90 degrees from  the other.
    17VAC15-120-20. Purpose [ ; applicability ]  .
    [ Public The regulation establishes  requirements that public ] records, regardless of media, that  contain social security numbers must be shredded, pulped, [ burned  incinerated ], made electronically inaccessible or erased so as  to make the social security numbers unreadable or undecipherable by any means.  These regulations apply only to those records whose retention periods have expired.
    17VAC15-120-30. Procedures.
    A. Paper records. Paper records shall be shredded  [ , pulped or incinerated. If paper records are destroyed within an  office or agency, records shall be shredded ] by a mechanical  cross-cut shredder that reduces paper to [ strips a  size ] no wider than 3/8 inches. The custodian of the records must  prepare a certificate of destruction that lists what records have been  destroyed, who destroyed the documents, and the date of destruction.
    If the shredding is done off site, [ by  another agency or department, or by a contractor, ] locked bins are  required to protect the records prior to shredding. Contractors doing the  shredding must be bonded. The agency contracting for the shredding retains  responsibility for protecting the social security numbers on the records until  destruction. [ A representative of the contracting agency shall  witness the destruction. ] 
    B. Electronic records. Agencies must establish procedures  and processes to destroy social security numbers in public records that have  reached the end of their retention period in electronic format and stored on  information or recordkeeping systems. [ Agencies may maintain or  destroy the physical media. ] 
    1. Files stored on a computer must not only be deleted but  also overwritten [ to prevent the information from being  reconstructed. Software programs that overwrite the data with meaningless data  multiple times to totally obliterate the original data must be utilized for  overwriting using software that overwrites the files with  meaningless data to totally obliterate the original data and to prevent the  information from being reconstructed ]. 
    2. Back-up tapes must be overwritten [ at  the same time as all other copies are destroyed Tapes shall be held no longer  than the conclusion of the retention period for the information contained in  the tape to totally obliterate the original data ].
    [ 3. Data containing social security numbers on  floppy disks, tapes and other magnetic storage devices must be overwritten.
    a. Disks, tapes and other magnetic media must be  shredded in a shredder to insure that the information is totally destroyed or  the materials must be exposed to a powerful magnetic field to disrupt the  information.
    b. If magnetic media are used, the data must be reviewed  to insure that the social security numbers are not retrievable.
    3. If an agency plans to maintain the floppy disks, tapes  or other magnetic storage devices, other than hard drives, with data containing  social security numbers, the media must be:
    a. Overwritten using software that overwrites the files  with meaningless data to totally obliterate the original data; or
    b. Exposed to a powerful magnetic field to disrupt the  information. If a magnetic field is used, the data must be reviewed to ensure  that the social security numbers are not retrievable. ] 
    4. CD-ROMs must be [ incinerated or ] physically  broken, into several pieces, to be rendered unusable.
    5. When disposing of computers that contain social security  numbers [ or other privacy-protected information ],  hard drives must be overwritten and inspected to insure no [ privacy-protected  data remains social security numbers remain ]. If data  remains, the hard drive must be removed and disposed of separately by drilling  to prevent it from being used again.
    VA.R. Doc. No. R05-95; Filed October 31, 2008, 1:38 p.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
AUCTIONEERS BOARD
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 18VAC25-10. Public  Participation Guidelines (repealing 18VAC25-10-10 through  18VAC25-10-90).
    18VAC25-11. Public Participation Guidelines (adding 18VAC25-11-10 through 18VAC25-11-110). 
    Statutory Authority: §§ 2.2-4007.02 and 54.1-602 of the  Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: Marian H. Brooks, Regulatory Board  Administrator, Auctioneers Board, 9960 Mayland Drive, Suite 400, Richmond, VA  23233, telephone (804) 367-8514, FAX (804) 527-4294, or email  Auctioneers@dpor.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
     
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    18VAC25-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Auctioneers Board. This chapter does not apply to regulations, guidelines, or  other documents exempted or excluded from the provisions of the Administrative  Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    18VAC25-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Auctioneers Board, which is  the unit of state government empowered by the agency's basic law to make  regulations or decide cases. Actions specified in this chapter may be fulfilled  by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    18VAC25-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    18VAC25-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 18VAC25-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    18VAC25-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide copies  of the statement of basis, purpose, substance, and issues; the economic impact  analysis of the proposed or fast-track regulatory action; and the agency's  response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    18VAC25-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    18VAC25-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    18VAC25-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    18VAC25-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    18VAC25-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    18VAC25-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1466; Filed October 29, 2008, 2:49 p.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
AUCTIONEERS BOARD
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 18VAC25-10. Public  Participation Guidelines (repealing 18VAC25-10-10 through  18VAC25-10-90).
    18VAC25-11. Public Participation Guidelines (adding 18VAC25-11-10 through 18VAC25-11-110). 
    Statutory Authority: §§ 2.2-4007.02 and 54.1-602 of the  Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: Marian H. Brooks, Regulatory Board  Administrator, Auctioneers Board, 9960 Mayland Drive, Suite 400, Richmond, VA  23233, telephone (804) 367-8514, FAX (804) 527-4294, or email  Auctioneers@dpor.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
     
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    18VAC25-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Auctioneers Board. This chapter does not apply to regulations, guidelines, or  other documents exempted or excluded from the provisions of the Administrative  Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    18VAC25-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Auctioneers Board, which is  the unit of state government empowered by the agency's basic law to make  regulations or decide cases. Actions specified in this chapter may be fulfilled  by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    18VAC25-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    18VAC25-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 18VAC25-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    18VAC25-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide copies  of the statement of basis, purpose, substance, and issues; the economic impact  analysis of the proposed or fast-track regulatory action; and the agency's  response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    18VAC25-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    18VAC25-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    18VAC25-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    18VAC25-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    18VAC25-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    18VAC25-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1466; Filed October 29, 2008, 2:49 p.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR BARBERS AND COSMETOLOGY
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 18VAC41-10. Public  Participation Guidelines (repealing 18VAC41-10-10 through  18VAC41-10-90).
    18VAC41-11. Public Participation Guidelines (adding 18VAC41-11-10 through 18VAC41-11-110). 
    Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the  Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: William H. Ferguson, II, Executive  Director, Board for Barbers and Cosmetology, 9960 Mayland Drive, Suite 400,  Richmond, VA 23233, telephone (804) 367-8590, FAX (804) 527-4295, or email  barbercosmo@dpor.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    18VAC41-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Board for Barbers. This chapter does not apply to regulations, guidelines, or  other documents exempted or excluded from the provisions of the Administrative  Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    18VAC41-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Board for Barbers, which is  the unit of state government empowered by the agency's basic law to make  regulations or decide cases. Actions specified in this chapter may be fulfilled  by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    18VAC41-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    18VAC41-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 18VAC41-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    18VAC41-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    18VAC41-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    18VAC41-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    18VAC41-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    18VAC41-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    18VAC41-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    18VAC41-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1468; Filed October 30, 2008, 11:42 a.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR BARBERS AND COSMETOLOGY
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 18VAC41-10. Public  Participation Guidelines (repealing 18VAC41-10-10 through  18VAC41-10-90).
    18VAC41-11. Public Participation Guidelines (adding 18VAC41-11-10 through 18VAC41-11-110). 
    Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the  Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: William H. Ferguson, II, Executive  Director, Board for Barbers and Cosmetology, 9960 Mayland Drive, Suite 400,  Richmond, VA 23233, telephone (804) 367-8590, FAX (804) 527-4295, or email  barbercosmo@dpor.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    18VAC41-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Board for Barbers. This chapter does not apply to regulations, guidelines, or  other documents exempted or excluded from the provisions of the Administrative  Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    18VAC41-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Board for Barbers, which is  the unit of state government empowered by the agency's basic law to make  regulations or decide cases. Actions specified in this chapter may be fulfilled  by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    18VAC41-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    18VAC41-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 18VAC41-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    18VAC41-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    18VAC41-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    18VAC41-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    18VAC41-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    18VAC41-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    18VAC41-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    18VAC41-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1468; Filed October 30, 2008, 11:42 a.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
CEMETERY BOARD
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 18VAC47-10. Public  Participation Guidelines (repealing 18VAC47-10-10 through  18VAC47-10-90).
    18VAC47-11. Public Participation Guidelines (adding 18VAC47-11-10 through 18VAC47-11-110).
    Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2313 of the Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: Christine Martine, Executive Director,  Cemetery Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone  (804) 367-8552, FAX (804) 527-4299, or email cemetery@dpor.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    18VAC47-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Cemetery Board. This chapter does not apply to regulations, guidelines, or  other documents exempted or excluded from the provisions of the Administrative  Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    18VAC47-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Cemetery Board, which is the  unit of state government empowered by the agency's basic law to make  regulations or decide cases. Actions specified in this chapter may be fulfilled  by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of Virginia  that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    18VAC47-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    18VAC47-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 18VAC47-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    18VAC47-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    18VAC47-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    18VAC47-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    18VAC47-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    18VAC47-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    18VAC47-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    18VAC47-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1470; Filed October 24, 2008, 11:50 a.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
CEMETERY BOARD
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 18VAC47-10. Public  Participation Guidelines (repealing 18VAC47-10-10 through  18VAC47-10-90).
    18VAC47-11. Public Participation Guidelines (adding 18VAC47-11-10 through 18VAC47-11-110).
    Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2313 of the Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: Christine Martine, Executive Director,  Cemetery Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone  (804) 367-8552, FAX (804) 527-4299, or email cemetery@dpor.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    18VAC47-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Cemetery Board. This chapter does not apply to regulations, guidelines, or  other documents exempted or excluded from the provisions of the Administrative  Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    18VAC47-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Cemetery Board, which is the  unit of state government empowered by the agency's basic law to make  regulations or decide cases. Actions specified in this chapter may be fulfilled  by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of Virginia  that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    18VAC47-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    18VAC47-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 18VAC47-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    18VAC47-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    18VAC47-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    18VAC47-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    18VAC47-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    18VAC47-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    18VAC47-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    18VAC47-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1470; Filed October 24, 2008, 11:50 a.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR CONTRACTORS
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 18VAC50-10. Public Participation  Guidelines (repealing 18VAC50-10-10 through  18VAC50-10-90).
    18VAC50-11. Public Participation Guidelines (adding 18VAC50-11-10 through 18VAC50-11-110). 
    Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-1102 of the Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: Eric L. Olson, Executive Director, Board  for Contractors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone  (804) 367-2785, FAX (804) 527-4401, or email contractors@dpor.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and maintenance  of notification lists of interested persons and specifying the information to  be sent to such persons; (ii) providing for public comments on regulatory  actions; (iii) establishing the time period during which public comments shall  be accepted; (iv) providing that the plan to hold a public meeting shall be  indicated in any notice of intended regulatory action; (v) providing for the  appointment, when necessary, of regulatory advisory panels to provide  professional specialization or technical assistance and negotiated rulemaking  panels if a regulatory action is expected to be controversial; and (vi)  providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    18VAC50-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Board for Contractors. This chapter does not apply to regulations, guidelines,  or other documents exempted or excluded from the provisions of the  Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    18VAC50-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Board for Contractors, which  is the unit of state government empowered by the agency's basic law to make  regulations or decide cases. Actions specified in this chapter may be fulfilled  by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    18VAC50-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    18VAC50-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 18VAC50-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    18VAC50-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    18VAC50-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    18VAC50-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    18VAC50-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel (NRP)  if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    18VAC50-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    18VAC50-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    18VAC50-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its regulations  consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1472; Filed November 4, 2008, 11:56 a.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR CONTRACTORS
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 18VAC50-10. Public Participation  Guidelines (repealing 18VAC50-10-10 through  18VAC50-10-90).
    18VAC50-11. Public Participation Guidelines (adding 18VAC50-11-10 through 18VAC50-11-110). 
    Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-1102 of the Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: Eric L. Olson, Executive Director, Board  for Contractors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone  (804) 367-2785, FAX (804) 527-4401, or email contractors@dpor.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and maintenance  of notification lists of interested persons and specifying the information to  be sent to such persons; (ii) providing for public comments on regulatory  actions; (iii) establishing the time period during which public comments shall  be accepted; (iv) providing that the plan to hold a public meeting shall be  indicated in any notice of intended regulatory action; (v) providing for the  appointment, when necessary, of regulatory advisory panels to provide  professional specialization or technical assistance and negotiated rulemaking  panels if a regulatory action is expected to be controversial; and (vi)  providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    18VAC50-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Board for Contractors. This chapter does not apply to regulations, guidelines,  or other documents exempted or excluded from the provisions of the  Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    18VAC50-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Board for Contractors, which  is the unit of state government empowered by the agency's basic law to make  regulations or decide cases. Actions specified in this chapter may be fulfilled  by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    18VAC50-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    18VAC50-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 18VAC50-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    18VAC50-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    18VAC50-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    18VAC50-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    18VAC50-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel (NRP)  if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    18VAC50-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    18VAC50-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    18VAC50-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its regulations  consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1472; Filed November 4, 2008, 11:56 a.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
FAIR HOUSING BOARD
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Title of Regulation: 18VAC62-10. Public Participation  Guidelines (adding 18VAC62-10-10 through 18VAC62-10-110).
    Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2344 of the Code of Virginia.
    Effective Date: December 24, 2008.
    Agency Contact: Christine Martine, Executive Director,  Fair Housing Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233,  telephone (804) 367-8552, FAX (804) 527-4299, or email  fairhousing@dpor.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the development,  amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 10 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    18VAC62-10-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Fair Housing Board. This chapter does not apply to regulations, guidelines, or  other documents exempted or excluded from the provisions of the Administrative  Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    18VAC62-10-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Fair Housing Board, which is  the unit of state government empowered by the agency's basic law to make  regulations or decide cases. Actions specified in this chapter may be fulfilled  by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed regulatory  action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    18VAC62-10-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    18VAC62-10-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 18VAC62-10-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    18VAC62-10-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the publication  of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    18VAC62-10-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    18VAC62-10-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    18VAC62-10-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    18VAC62-10-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    18VAC62-10-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    18VAC62-10-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1473; Filed October 24, 2008, 11:49 a.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR HEARING AID SPECIALISTS
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 18VAC80-10. Public  Participation Guidelines (repealing 18VAC80-10-10 through  18VAC80-10-90).
    18VAC80-11. Public Participation Guidelines (adding 18VAC80-11-10 through 18VAC80-11-110). 
    Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the  Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: William H. Ferguson, II, Executive  Director, Board for Hearing Aid Specialists, 9960 Mayland Drive, Suite 400,  Richmond, VA 23233, telephone (804) 367-8590, FAX (804) 527-4295, or email  hearingaidspec@dpor.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    18VAC80-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Board for Hearing Aid Specialists. This chapter does not apply to regulations,  guidelines, or other documents exempted or excluded from the provisions of the  Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    18VAC80-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Board for Hearing Aid  Specialists, which is the unit of state government empowered by the agency's  basic law to make regulations or decide cases. Actions specified in this  chapter may be fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    18VAC80-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    18VAC80-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 18VAC80-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    18VAC80-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the publication  of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    18VAC80-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    18VAC80-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    18VAC80-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    18VAC80-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    18VAC80-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    18VAC80-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations  as to their effectiveness, efficiency, necessity, clarity, and cost of  compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1479; Filed November 3, 2008, 11:56 a.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR HEARING AID SPECIALISTS
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 18VAC80-10. Public  Participation Guidelines (repealing 18VAC80-10-10 through  18VAC80-10-90).
    18VAC80-11. Public Participation Guidelines (adding 18VAC80-11-10 through 18VAC80-11-110). 
    Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the  Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: William H. Ferguson, II, Executive  Director, Board for Hearing Aid Specialists, 9960 Mayland Drive, Suite 400,  Richmond, VA 23233, telephone (804) 367-8590, FAX (804) 527-4295, or email  hearingaidspec@dpor.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    18VAC80-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Board for Hearing Aid Specialists. This chapter does not apply to regulations,  guidelines, or other documents exempted or excluded from the provisions of the  Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    18VAC80-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Board for Hearing Aid  Specialists, which is the unit of state government empowered by the agency's  basic law to make regulations or decide cases. Actions specified in this  chapter may be fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    18VAC80-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    18VAC80-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 18VAC80-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    18VAC80-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the publication  of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    18VAC80-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    18VAC80-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    18VAC80-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    18VAC80-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    18VAC80-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    18VAC80-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations  as to their effectiveness, efficiency, necessity, clarity, and cost of  compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1479; Filed November 3, 2008, 11:56 a.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF LONG-TERM CARE ADMINISTRATORS
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 18VAC95-10. Public Participation  Guidelines (repealing 18VAC95-10-10 through  18VAC95-10-120). 
    18VAC95-11. Public Participation Guidelines (adding 18VAC95-11-10 through 18VAC95-11-110). 
    Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the  Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: Lisa Russell Hahn, Executive Director,  Board of Long-Term Care Administrators, 9960 Mayland Drive, Suite 300,  Richmond, VA 23233-1463, telephone (804) 367-4424, FAX (804) 527-4413, or email  lisa.hahn@dhp.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    18VAC95-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Board of Long-Term Care Administrators. This chapter does not apply to  regulations, guidelines, or other documents exempted or excluded from the  provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of  Virginia).
    18VAC95-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Board of Long-Term Care  Administrators, which is the unit of state government empowered by the agency's  basic law to make regulations or decide cases. Actions specified in this  chapter may be fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    18VAC95-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    18VAC95-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 18VAC95-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    18VAC95-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    18VAC95-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    18VAC95-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    18VAC95-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    18VAC95-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    18VAC95-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    18VAC95-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1482; Filed November 5, 2008, 11:48 a.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF LONG-TERM CARE ADMINISTRATORS
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 18VAC95-10. Public Participation  Guidelines (repealing 18VAC95-10-10 through  18VAC95-10-120). 
    18VAC95-11. Public Participation Guidelines (adding 18VAC95-11-10 through 18VAC95-11-110). 
    Statutory Authority: §§ 2.2-4007.02 and 54.1-2400 of the  Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: Lisa Russell Hahn, Executive Director,  Board of Long-Term Care Administrators, 9960 Mayland Drive, Suite 300,  Richmond, VA 23233-1463, telephone (804) 367-4424, FAX (804) 527-4413, or email  lisa.hahn@dhp.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    18VAC95-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Board of Long-Term Care Administrators. This chapter does not apply to  regulations, guidelines, or other documents exempted or excluded from the  provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of  Virginia).
    18VAC95-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Board of Long-Term Care  Administrators, which is the unit of state government empowered by the agency's  basic law to make regulations or decide cases. Actions specified in this  chapter may be fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    18VAC95-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    18VAC95-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 18VAC95-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    18VAC95-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    18VAC95-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    18VAC95-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    18VAC95-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    18VAC95-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    18VAC95-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    18VAC95-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1482; Filed November 5, 2008, 11:48 a.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF LONG-TERM CARE ADMINISTRATORS
Final Regulation
        REGISTRAR’S  NOTICE: The Board of Long-Term Care Administrators is claiming an exemption  from the Administrative Process Act in accordance with § 2.2-4006  A 3, which excludes regulations that consist only of changes in style or  form or corrections of technical errors. The Board of Long-Term Care  Administrators will receive, consider and respond to petitions by any  interested person at any time with respect to reconsideration or revision.
         Title of Regulation: 18VAC95-20. Regulations  Governing the Practice of Nursing Home Administrators (amending 18VAC95-20-225).
    Statutory Authority: § 54.1-2400 of the Code of  Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: Lisa Russell Hahn, Executive Director,  Board of Long-Term Care Administrators, 9960 Mayland Drive, Suite 300,  Richmond, VA 23233-1463, telephone (804) 367-4424, FAX (804) 527-4413, or email  lisa.hahn@dhp.virginia.gov.
    Summary:
    The board acted to eliminate the requirement for an  applicant for licensure as a nursing home administrator to take an examination  on Virginia law and regulations and substitute a requirement that the applicant  attest to having an understanding of the law and regulation.  An amendment  to 18VAC95-20-225, Licensure by endorsement, was omitted in error in the  submission that was published on June 9, 2008.
    18VAC95-20-225. Qualifications for licensure by endorsement.
    The board may issue a license to any person who: 
    1. Holds a current, unrestricted license from any state or the  District of Columbia; and
    2. Meets one of the following conditions: 
    a. Has practiced nursing home administration for one year; or 
    b. Has education and experience equivalent to qualifications  required by this chapter and has provided written evidence of those  qualifications at the time of application for licensure; and.
    3. Has successfully completed the state examination. 
    VA.R. Doc. No. R09-1676; Filed November 5, 2008, 11:48 a.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR OPTICIANS
Final Regulation
        REGISTRAR'S  NOTICE: The following model public participation guidelines are exempt from  Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of  Virginia pursuant to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 18VAC100-10. Public  Participation Guidelines (repealing 18VAC100-10-10 through  18VAC100-10-90).
    18VAC100-11. Public Participation Guidelines (adding 18VAC100-11-10 through 18VAC100-11-110). 
    Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the  Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: William H. Ferguson, II, Executive  Director, Board for Opticians, 9960 Mayland Drive, Suite 400, Richmond, VA  23233, telephone (804) 367-8590, FAX (804) 527-4295, or email  opticians@dpor.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    18VAC100-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Board for Opticians. This chapter does not apply to regulations, guidelines, or  other documents exempted or excluded from the provisions of the Administrative  Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    18VAC100-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Board for Opticians, which is  the unit of state government empowered by the agency's basic law to make  regulations or decide cases. Actions specified in this chapter may be fulfilled  by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    18VAC100-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    18VAC100-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 18VAC100-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    18VAC100-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    18VAC100-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    18VAC100-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    18VAC100-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    18VAC100-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    18VAC100-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    18VAC100-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1483; Filed October 23, 2008, 2:55 p.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR OPTICIANS
Final Regulation
        REGISTRAR'S  NOTICE: The following model public participation guidelines are exempt from  Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of  Virginia pursuant to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 18VAC100-10. Public  Participation Guidelines (repealing 18VAC100-10-10 through  18VAC100-10-90).
    18VAC100-11. Public Participation Guidelines (adding 18VAC100-11-10 through 18VAC100-11-110). 
    Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the  Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: William H. Ferguson, II, Executive  Director, Board for Opticians, 9960 Mayland Drive, Suite 400, Richmond, VA  23233, telephone (804) 367-8590, FAX (804) 527-4295, or email  opticians@dpor.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    18VAC100-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Board for Opticians. This chapter does not apply to regulations, guidelines, or  other documents exempted or excluded from the provisions of the Administrative  Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    18VAC100-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Board for Opticians, which is  the unit of state government empowered by the agency's basic law to make  regulations or decide cases. Actions specified in this chapter may be fulfilled  by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    18VAC100-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    18VAC100-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 18VAC100-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    18VAC100-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    18VAC100-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    18VAC100-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    18VAC100-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    18VAC100-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    18VAC100-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    18VAC100-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1483; Filed October 23, 2008, 2:55 p.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
REAL ESTATE APPRAISER BOARD
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 18VAC130-10. Public  Participation Guidelines (repealing 18VAC130-10-10 through 18VAC130-10-90).
    18VAC130-11. Public Participation Guidelines (adding 18VAC130-11-10 through 18VAC130-11-110).
    Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2013 of the Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: Christine Martine, Executive Director,  Real Estate Appraiser Board, 9960 Mayland Drive, Richmond, VA 23233, telephone  (804) 367-8552, FAX (804) 527-4299, or email reappraisers@dpor.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v) providing  for the appointment, when necessary, of regulatory advisory panels to provide  professional specialization or technical assistance and negotiated rulemaking  panels if a regulatory action is expected to be controversial; and (vi)  providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    18VAC130-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Real Estate Appraiser Board. This chapter does not apply to regulations,  guidelines, or other documents exempted or excluded from the provisions of the  Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    18VAC130-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Real Estate Appraiser Board,  which is the unit of state government empowered by the agency's basic law to  make regulations or decide cases. Actions specified in this chapter may be  fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    18VAC130-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    18VAC130-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 18VAC130-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    18VAC130-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    18VAC130-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    18VAC130-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    18VAC130-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    18VAC130-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    18VAC130-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    18VAC130-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1490; Filed October 24, 2008, 11:51 a.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
REAL ESTATE APPRAISER BOARD
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 18VAC130-10. Public  Participation Guidelines (repealing 18VAC130-10-10 through 18VAC130-10-90).
    18VAC130-11. Public Participation Guidelines (adding 18VAC130-11-10 through 18VAC130-11-110).
    Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2013 of the Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: Christine Martine, Executive Director,  Real Estate Appraiser Board, 9960 Mayland Drive, Richmond, VA 23233, telephone  (804) 367-8552, FAX (804) 527-4299, or email reappraisers@dpor.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v) providing  for the appointment, when necessary, of regulatory advisory panels to provide  professional specialization or technical assistance and negotiated rulemaking  panels if a regulatory action is expected to be controversial; and (vi)  providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    18VAC130-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Real Estate Appraiser Board. This chapter does not apply to regulations,  guidelines, or other documents exempted or excluded from the provisions of the  Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    18VAC130-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Real Estate Appraiser Board,  which is the unit of state government empowered by the agency's basic law to  make regulations or decide cases. Actions specified in this chapter may be  fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    18VAC130-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    18VAC130-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 18VAC130-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    18VAC130-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    18VAC130-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    18VAC130-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    18VAC130-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    18VAC130-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    18VAC130-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    18VAC130-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1490; Filed October 24, 2008, 11:51 a.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
REAL ESTATE BOARD
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 18VAC135-10. Public  Participation Guidelines (repealing 18VAC135-10-10 through  18VAC135-10-90).
    18VAC135-11. Public Participation Guidelines (adding 18VAC135-11-10 through 18VAC135-11-110). 
    Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2105 of the Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: Christine Martine, Executive Director,  Real Estate Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone  (804) 367-8552, FAX (804) 527-4299, or email reboard@dpor.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    18VAC135-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Real Estate Board. This chapter does not apply to regulations, guidelines, or  other documents exempted or excluded from the provisions of the Administrative  Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    18VAC135-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Real Estate Board, which is  the unit of state government empowered by the agency's basic law to make  regulations or decide cases. Actions specified in this chapter may be fulfilled  by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    18VAC135-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    18VAC135-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 18VAC135-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    18VAC135-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    18VAC135-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    18VAC135-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    18VAC135-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    18VAC135-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    18VAC135-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    18VAC135-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017  of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1491; Filed October 24, 2008, 11:49 a.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
REAL ESTATE BOARD
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 18VAC135-10. Public  Participation Guidelines (repealing 18VAC135-10-10 through  18VAC135-10-90).
    18VAC135-11. Public Participation Guidelines (adding 18VAC135-11-10 through 18VAC135-11-110). 
    Statutory Authority: §§ 2.2-4007.02, 54.1-201 and 54.1-2105 of the Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: Christine Martine, Executive Director,  Real Estate Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone  (804) 367-8552, FAX (804) 527-4299, or email reboard@dpor.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    18VAC135-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Real Estate Board. This chapter does not apply to regulations, guidelines, or  other documents exempted or excluded from the provisions of the Administrative  Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    18VAC135-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Real Estate Board, which is  the unit of state government empowered by the agency's basic law to make  regulations or decide cases. Actions specified in this chapter may be fulfilled  by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    18VAC135-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    18VAC135-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 18VAC135-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    18VAC135-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    18VAC135-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    18VAC135-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    18VAC135-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    18VAC135-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    18VAC135-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    18VAC135-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017  of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1491; Filed October 24, 2008, 11:49 a.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR PROFESSIONAL SOIL SCIENTISTS AND WETLAND PROFESSIONALS
Final Regulation
        REGISTRAR'S  NOTICE: The following model public participation guidelines are exempt from  Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of  Virginia pursuant to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations:  18VAC145-10. Public Participation Guidelines (repealing 18VAC145-10-10 through  18VAC145-10-90).
    18VAC145-11. Public Participation Guidelines (adding 18VAC145-11-10 through 18VAC145-11-110).
    Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the  Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: Kathleen R. Nosbisch, Executive  Director, Board for Professional Soil Scientists and Wetland Professionals,  9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514,  FAX (804) 527-4294, or email soilscientist@dpor.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public comments  shall be accepted; (iv) providing that the plan to hold a public meeting shall  be indicated in any notice of intended regulatory action; (v) providing for the  appointment, when necessary, of regulatory advisory panels to provide  professional specialization or technical assistance and negotiated rulemaking  panels if a regulatory action is expected to be controversial; and (vi)  providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    18VAC145-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Board for Professional Soil Scientists and Wetland Professionals. This chapter  does not apply to regulations, guidelines, or other documents exempted or  excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et  seq. of the Code of Virginia).
    18VAC145-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Board for Professional Soil  Scientists and Wetland Professionals, which is the unit of state government  empowered by the agency's basic law to make regulations or decide cases.  Actions specified in this chapter may be fulfilled by state employees as  delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    18VAC145-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    18VAC145-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 18VAC145-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or regulatory  action.
    Part III 
  Public Participation Procedures 
    18VAC145-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    18VAC145-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    18VAC145-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    18VAC145-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    18VAC145-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    18VAC145-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    18VAC145-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017  of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1493; Filed October 29, 2008, 2:51 p.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR PROFESSIONAL SOIL SCIENTISTS AND WETLAND PROFESSIONALS
Final Regulation
        REGISTRAR'S  NOTICE: The following model public participation guidelines are exempt from  Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of  Virginia pursuant to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations:  18VAC145-10. Public Participation Guidelines (repealing 18VAC145-10-10 through  18VAC145-10-90).
    18VAC145-11. Public Participation Guidelines (adding 18VAC145-11-10 through 18VAC145-11-110).
    Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the  Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: Kathleen R. Nosbisch, Executive  Director, Board for Professional Soil Scientists and Wetland Professionals,  9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514,  FAX (804) 527-4294, or email soilscientist@dpor.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public comments  shall be accepted; (iv) providing that the plan to hold a public meeting shall  be indicated in any notice of intended regulatory action; (v) providing for the  appointment, when necessary, of regulatory advisory panels to provide  professional specialization or technical assistance and negotiated rulemaking  panels if a regulatory action is expected to be controversial; and (vi)  providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    18VAC145-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Board for Professional Soil Scientists and Wetland Professionals. This chapter  does not apply to regulations, guidelines, or other documents exempted or  excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et  seq. of the Code of Virginia).
    18VAC145-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Board for Professional Soil  Scientists and Wetland Professionals, which is the unit of state government  empowered by the agency's basic law to make regulations or decide cases.  Actions specified in this chapter may be fulfilled by state employees as  delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    18VAC145-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    18VAC145-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 18VAC145-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or regulatory  action.
    Part III 
  Public Participation Procedures 
    18VAC145-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    18VAC145-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    18VAC145-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    18VAC145-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    18VAC145-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    18VAC145-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    18VAC145-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017  of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1493; Filed October 29, 2008, 2:51 p.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR WASTE MANAGEMENT FACILITY OPERATORS
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 18VAC155-10. Public Participation  Guidelines (repealing 18VAC155-10-5 through  18VAC155-10-80).
    18VAC155-11. Public Participation Guidelines (adding 18VAC155-11-10 through 18VAC155-11-110).
    Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the  Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: David E. Dick, Executive Director, Board  for Waste Management Facility Operators, 9960 Mayland Drive, Suite 400,  Richmond, VA 23233, telephone (804) 367-8595, FAX (804) 527-4297, or email  wastemgt@dpor.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    18VAC155-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Board for Waste Management Facility Operators. This chapter does not apply to  regulations, guidelines, or other documents exempted or excluded from the  provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of  Virginia).
    18VAC155-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Board for Waste Management  Facility Operators, which is the unit of state government empowered by the  agency's basic law to make regulations or decide cases. Actions specified in  this chapter may be fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    18VAC155-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    18VAC155-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 18VAC155-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or regulatory  action.
    Part III 
  Public Participation Procedures 
    18VAC155-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    18VAC155-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    18VAC155-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    18VAC155-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    18VAC155-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    18VAC155-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    18VAC155-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017  of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1495; Filed November 3, 2008, 11:54 a.m. 
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD FOR WASTE MANAGEMENT FACILITY OPERATORS
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 18VAC155-10. Public Participation  Guidelines (repealing 18VAC155-10-5 through  18VAC155-10-80).
    18VAC155-11. Public Participation Guidelines (adding 18VAC155-11-10 through 18VAC155-11-110).
    Statutory Authority: §§ 2.2-4007.02 and 54.1-201 of the  Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: David E. Dick, Executive Director, Board  for Waste Management Facility Operators, 9960 Mayland Drive, Suite 400,  Richmond, VA 23233, telephone (804) 367-8595, FAX (804) 527-4297, or email  wastemgt@dpor.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    18VAC155-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Board for Waste Management Facility Operators. This chapter does not apply to  regulations, guidelines, or other documents exempted or excluded from the  provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of  Virginia).
    18VAC155-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Board for Waste Management  Facility Operators, which is the unit of state government empowered by the  agency's basic law to make regulations or decide cases. Actions specified in  this chapter may be fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    18VAC155-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    18VAC155-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 18VAC155-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or regulatory  action.
    Part III 
  Public Participation Procedures 
    18VAC155-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    18VAC155-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    18VAC155-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    18VAC155-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    18VAC155-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    18VAC155-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    18VAC155-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017  of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1495; Filed November 3, 2008, 11:54 a.m. 
TITLE 23. TAXATION
DEPARTMENT OF TAXATION
Forms
        NOTICE: The following forms have been filed by the Department of Taxation.  Copies of the forms may be obtained from Department of Taxation, 3610 West  Broad Street, Richmond, VA 23230 or at the Department of Taxation's website,  www.tax.virginia.gov. For questions about forms, please contact Customer  Service at (804) 367-8037.
         Titles of Regulations: 23VAC10-210. Retail Sales and Use  Tax.
    23VAC10-240. Motor Vehicle Fuel Sales Tax Regulations.
    FORMS (23VAC10-210) 
    Combined Business Registration Application Form,  Form R-1 (eff. 10/89) (rev. 3/08). 
    Instructions for Completing Combined Registration, Form  R-2 (eff. 10/89). 
    4½% 5% Virginia Sales Tax Table (eff. 1/87)  (rev. 9/04). 
    2.5% Virginia Qualifying Food Sales Tax Table (rev. 4/05).
    Certificate of Registration, Form ST-4 (eff. 3/89) (rev.  2/08). 
    Virginia Direct Payment Permit Sales and Use Tax  Return, Form ST-6 (eff. 1/90) (rev. 9/05). 
    Instructions for Form ST-6B Virginia Direct Payment  Permit Sales and Use Tax Return Worksheet (Instructions), Form ST-6A (eff.  5/91) (rev. 9/05). 
    Virginia Schedule of Local Sales and Use Taxes,  Form ST-6B (eff. 9/88) (rev. 7/05). 
    Virginia Business Consumer's Use Tax Return, Form ST-7  (eff. 4/91) (rev. 7/05). 
    Virginia Business Consumer's Use Tax Return Worksheet and  Instructions, Form ST-7A (eff. 11/93) (rev. 6/05). 
    Virginia Out-of-State Dealer's Use Tax Return, Form  ST-8 (eff. 1/92) (rev. 9/05). 
    Instructions for Preparing ST-8 Virginia  Out-of-State Dealer's Use Tax Return Worksheet and Instructions, Form ST-8A  (eff. 5/94) (rev. 9/05). 
    Dealer's Virginia Retail Sales & and  Use Tax Return, Form ST-9 (eff. 1/92) (rev. 11/06). 
    Dealer's Worksheet for Computing State and Local Virginia  Retail Sales & and Use Tax Worksheet and Instructions,  Form ST-9A (eff. 9/92) (rev. 9/05). 
    Schedule of Local Sales and Use Taxes, Form ST-9B (eff.  7/90) (rev. 7/05). 
    Application for Sales and Use Tax Exemption for Nonprofit  Organizations, Form NPO Appl (rev. 1/08). 
    Sales and Use Tax Certificate of Exemption (For dealers who  purchase tangible personal property for resale, lease or rental), Form ST-10  (rev. 10/99). 
    Sales and Use Tax Certificate of Exemption (For catalogs and  other printed materials distributed outside of Virginia; property delivered to  factor or agent for foreign export; advertising for placement in media;  advertising supplements), Form ST-10A (eff. 3/86) (rev. 6/95). 
    Sales and Use Tax Certificate of Exemption (for use by  handicapped persons for purchase of special equipment for installation on a  motor vehicle), Form ST-10B (rev. 7/78).
    Sales and Use Tax Certificate of Exemption (For  manufacturing, processing, refining, converting, mining, basic research and  research and development in experimental or laboratory sense, or certified pollution  control equipment; equipment, materials or supplies used in the production of a  publication issued at least quarterly; high speed electrostatic duplicators;  materials, containers, etc. for future used for packaging tangible personal  property for shipment or sale.), Form ST-11 (eff. 6/94) (rev.  6/06). 
    Sales and Use Tax Certificate of Exemption (For use by  construction contractors and non-manufacturers when purchasing tangible  personal property for usage directly in manufacturing products for sale or  resale which are exempt from the tax; incorporation into real property in  another state or foreign country which could be purchased free from the tax in  such state or country; agricultural production, to be affixed to real property  owned or leased by a farmer engaged in agricultural production for market.),  Form ST-11A (eff. 6/94) (rev. 5/06).
    Sales and Use Tax Certificate of Exemption (For use by a  semiconductor manufacturer), Form ST-11B (rev. 5/06).
    Sales and Use Tax Certificate of Exemption (For use by the  Commonwealth of Virginia, a political subdivision of the Commonwealth of  Virginia, or the United States.), Form ST-12 (rev. 10/06). 
    Sales and Use Tax Certificate of Exemption (For use by  certain nonprofit organizations that have been granted statutory exemption  from the tax; medical and educational related organizations.),  Form ST-13 (eff. 6/94) (rev. 10/06). 
    Sales and Use Tax Certificate of Exemption (For use by  nonprofit churches), Form ST-13A (eff. 6/88) (rev. 6/07). 
    Sales and Use Tax Certificate of Exemption (For use  exclusively by an out-of-state dealer who purchases tangible personal property  in VA for immediate transportation out of VA in his own vehicle for resale  outside VA.), Form ST-14 (eff. 5/2/88) (rev. 3/99). 
    Sales and Use Tax Certificate of Exemption (For use  exclusively by an out-of-state dealer who purchases livestock in VA for  immediate transportation out of VA for resale outside VA.), Form ST-14A (eff.  3/1/76) (rev. 1/99). 
    Sales and Use Tax Certificate of Exemption (For use by  individuals purchasing heating oil, artificial or propane gas, firewood or coal  for domestic consumption.), Form ST-15 (eff. 9/81) (rev. 9/05).  
    Sales and Use Tax Certificate of Exemption (For use by  watermen who extract fish, bivalves, or crustaceans from waters for commercial  purposes.), Form ST-16 (eff. 7/85) (rev. 9/05). 
    Sales and Use Tax Certificate of Exemption (For use by  harvesters of forest products.), Form ST-17 (eff. 6/94) (rev. 7/99).  
    Sales and Use Tax Certificate of Exemption (For use by  farmers engaged in agricultural production), Form ST-18 (eff. 5/94) (rev.  5/06). 
    Sales and Use Tax Certificate of Exemption (For use by  shipping lines engaged in interstate or foreign commerce, and by shipbuilding  companies engaged in building, converting or repairing ships or vessel.),  Form ST-19 (rev. 6/05). 
    Sales and Use Tax Certificate of Exemption (For use by certain  public service corporations, commercial radio, and television companies, cable  television systems, taxicab operators and certain airlines.), Form ST-20 (eff.  3/89) (rev. 9/04). 
    Sales and Use Tax Certificate of Exemption (For use by  production companies, program producers, radio, television and cable T.V.  companies, and other entities engaged in the production and creation of exempt  audiovisual works and the licensing, distribution and broadcasting of same),  Form ST-20A (rev. 9/05).
    Sales and Use Tax Certificate of Exemption (For use when  purchasing or leasing railroad rolling stock from a manufacturer), Form ST-22  (rev. 4/07). 
    Sales and Use Tax Certificate of Exemption (For use by  individuals purchasing multi-fuel heating stoves for resident heating, Form  ST-23 (rev. 8/07).
    Sales and Use Tax Direct Payment Permit, Form ST-21 (eff.  2/94). 
    Virginia Consumers Use Tax Return for Individuals, Form CU-7 (eff.  9/93) (rev. 6/07). 
    Dealer's Application for Certificate of Registration for  Sales through Vending Machines, Form VM-1 (eff. 1/91). 
    Virginia Vending Machine Dealer's Sales Tax  Return, Form VM-2 (eff. 9/89) (rev. 8/05). 
    Dealer's Worksheet for Computing Tax on Sales Through Virginia  Vending Machines Dealer's Sales Tax Return Worksheet, Form VM-2A (eff.  4/93) (rev. 9/05). 
    Schedule of Local Vending Machine Sales Tax, Form VM-2B (eff.  9/89) (rev. 7/05). 
    FORMS (23VAC10-240) 
    Motor Vehicle Fuel Sales Tax Dealer's Application for  Registration, Form FT-100 (eff. 8/94) (rev. 12/06). 
    Business Registration Application, Form R-1 (rev. 3/08). 
    Dealer's Worksheet for Computing Only the Virginia  Motor Vehicle Fuel Sales Tax Worksheet and Instructions, Form FT-101  (eff. 5/91) (rev. 12/06). 
    Dealer's Return & Instructions for Motor Vehicle Fuel  Sales Tax Virginia Motor Vehicle Fuel Sales Tax Return, Form FT-102 (eff.  9/89) (rev. 12/06).
    Schedule of Motor Vehicle Fuel Sales Tax, Form FT-102A (eff.  1/89) (rev. 7/05). 
    Virginia Motor Vehicle Fuel Sales Tax Schedule of  Retailer Purchases for Resale, Form FT-102B (eff. 1/89) (rev. 10/07).  
    Virginia Motor Vehicle Fuel Sales Tax Bracket System,  Form FT-106 (eff. 6/90) (rev. 9/05). 
    Certificate of Exemption (For persons who purchase fuel in  the Cities of Alexandria, Manassas, Manassas Park, Fairfax,...), Form FT-200 (rev.  6/00). 
    Certificate of Registration, Form ST-4 (rev. 2/08). 
    Sales and Use Tax Certificate of Exemption (For dealers who  purchase tangible personal property for resale, lease or rental), Form ST-10 (eff.  4/88) (rev. 10/99).
    Sales and Use Tax Certificate of Exemption (For catalogs and  other printed materials distributed outside of Virginia; property delivered to  factor or agent for foreign export; advertising for placement in media;  advertising supplements), Form ST-10A (eff. 3/86) (rev. 6/95).   
    Sales and Use Tax Certificate of Exemption (For  manufacturing, processing, refining, converting, mining, basic research and  research and development in experimental or laboratory sense, or certified  pollution control equipment; equipment, materials or supplies used in the  production of a publication issued at least quarterly; high speed electrostatic  duplicators; materials, containers, etc. for future used for packaging tangible  personal property for shipment or sale.), Form ST-11 (eff. 6/94) (rev.  6/06).
    Sales and Use Tax Certificate of Exemption (For use by  construction contractors and non-manufacturers when purchasing tangible  personal property for usage directly in manufacturing products for sale or  resale which are exempt from the tax; incorporation into real property in  another state or foreign country which could be purchased free from the tax in  such state or country; agricultural production, to be affixed to real property  owned or leased by a farmer engaged in agricultural production for market.),  Form ST-11A (eff. 6/94) (rev. 5/06).
    Sales and Use Tax Certificate of Exemption (For use by a  semiconductor manufacturer), Form ST-11B (rev. 5/06).
    Sales and Use Tax Certificate of Exemption (For use by the  Commonwealth of Virginia, a political subdivision of the Commonwealth of  Virginia, or the United States.), Form ST-12 (rev. 10/06).
    Sales and Use Tax Certificate of Exemption (For use by  certain nonprofit organizations that have been granted statutory exemption  from the tax; medical and educational related organizations.),  Form ST-13 (eff. 6/94) (rev. 10/06).
    Sales and Use Tax Certificate of Exemption (For use by  nonprofit churches), Form ST-13A (eff. 6/88) (rev. 6/07).
    Sales and Use Tax Certificate of Exemption (For use  exclusively by an out-of-state dealer who purchases tangible personal property  in VA for immediate transportation out of VA in his own vehicle for resale  outside VA.), Form ST-14 (eff. 5/2/88) (rev. 3/99).
    Sales and Use Tax Certificate of Exemption (For use  exclusively by an out-of-state dealer who purchases livestock in VA for  immediate transportation out of VA for resale outside VA.), Form ST-14A (eff.  3/1/76) (rev. 1/99).
    Sales and Use Tax Certificate of Exemption (For use by  individuals purchasing heating oil, artificial or propane gas, firewood or coal  for domestic consumption.), Form ST-15 (eff. 9/81) (rev. 9/05).
    Sales and Use Tax Certificate of Exemption (For use by  watermen who extract fish, bivalves, or crustaceans from waters for commercial  purposes.), Form ST-16 (eff. 7/85) (rev. 9/05).
    Sales and Use Tax Certificate of Exemption (For use by  harvesters of forest products.), Form ST-17 (eff. 6/94) (rev.  7/99).
    Sales and Use Tax Certificate of Exemption (For use by  farmers engaged in agricultural production), Form ST-18 (eff. 5/94) (rev.  5/06).
    Sales and Use Tax Certificate of Exemption (For use by  shipping lines engaged in interstate or foreign commerce, and by shipbuilding  companies engaged in building, converting or repairing ships or vessel.),  Form ST-19 (rev. 6/05).
    Sales and Use Tax Certificate of Exemption (For use by certain  public service corporations, commercial radio, and television companies, cable  television systems, taxicab operators and certain airlines.), Form ST-20  (eff. 3/89) (rev. 9/04).
    VA.R. Doc. No. R09-1643; Filed October 23, 2008, 12:00 p.m. 
TITLE 23. TAXATION
DEPARTMENT OF TAXATION
Forms
        NOTICE: The following forms have been filed by the Department of Taxation.  Copies of the forms may be obtained from Department of Taxation, 3610 West  Broad Street, Richmond, VA 23230 or at the Department of Taxation's website,  www.tax.virginia.gov. For questions about forms, please contact Customer  Service at (804) 367-8037.
         Titles of Regulations: 23VAC10-210. Retail Sales and Use  Tax.
    23VAC10-240. Motor Vehicle Fuel Sales Tax Regulations.
    FORMS (23VAC10-210) 
    Combined Business Registration Application Form,  Form R-1 (eff. 10/89) (rev. 3/08). 
    Instructions for Completing Combined Registration, Form  R-2 (eff. 10/89). 
    4½% 5% Virginia Sales Tax Table (eff. 1/87)  (rev. 9/04). 
    2.5% Virginia Qualifying Food Sales Tax Table (rev. 4/05).
    Certificate of Registration, Form ST-4 (eff. 3/89) (rev.  2/08). 
    Virginia Direct Payment Permit Sales and Use Tax  Return, Form ST-6 (eff. 1/90) (rev. 9/05). 
    Instructions for Form ST-6B Virginia Direct Payment  Permit Sales and Use Tax Return Worksheet (Instructions), Form ST-6A (eff.  5/91) (rev. 9/05). 
    Virginia Schedule of Local Sales and Use Taxes,  Form ST-6B (eff. 9/88) (rev. 7/05). 
    Virginia Business Consumer's Use Tax Return, Form ST-7  (eff. 4/91) (rev. 7/05). 
    Virginia Business Consumer's Use Tax Return Worksheet and  Instructions, Form ST-7A (eff. 11/93) (rev. 6/05). 
    Virginia Out-of-State Dealer's Use Tax Return, Form  ST-8 (eff. 1/92) (rev. 9/05). 
    Instructions for Preparing ST-8 Virginia  Out-of-State Dealer's Use Tax Return Worksheet and Instructions, Form ST-8A  (eff. 5/94) (rev. 9/05). 
    Dealer's Virginia Retail Sales & and  Use Tax Return, Form ST-9 (eff. 1/92) (rev. 11/06). 
    Dealer's Worksheet for Computing State and Local Virginia  Retail Sales & and Use Tax Worksheet and Instructions,  Form ST-9A (eff. 9/92) (rev. 9/05). 
    Schedule of Local Sales and Use Taxes, Form ST-9B (eff.  7/90) (rev. 7/05). 
    Application for Sales and Use Tax Exemption for Nonprofit  Organizations, Form NPO Appl (rev. 1/08). 
    Sales and Use Tax Certificate of Exemption (For dealers who  purchase tangible personal property for resale, lease or rental), Form ST-10  (rev. 10/99). 
    Sales and Use Tax Certificate of Exemption (For catalogs and  other printed materials distributed outside of Virginia; property delivered to  factor or agent for foreign export; advertising for placement in media;  advertising supplements), Form ST-10A (eff. 3/86) (rev. 6/95). 
    Sales and Use Tax Certificate of Exemption (for use by  handicapped persons for purchase of special equipment for installation on a  motor vehicle), Form ST-10B (rev. 7/78).
    Sales and Use Tax Certificate of Exemption (For  manufacturing, processing, refining, converting, mining, basic research and  research and development in experimental or laboratory sense, or certified pollution  control equipment; equipment, materials or supplies used in the production of a  publication issued at least quarterly; high speed electrostatic duplicators;  materials, containers, etc. for future used for packaging tangible personal  property for shipment or sale.), Form ST-11 (eff. 6/94) (rev.  6/06). 
    Sales and Use Tax Certificate of Exemption (For use by  construction contractors and non-manufacturers when purchasing tangible  personal property for usage directly in manufacturing products for sale or  resale which are exempt from the tax; incorporation into real property in  another state or foreign country which could be purchased free from the tax in  such state or country; agricultural production, to be affixed to real property  owned or leased by a farmer engaged in agricultural production for market.),  Form ST-11A (eff. 6/94) (rev. 5/06).
    Sales and Use Tax Certificate of Exemption (For use by a  semiconductor manufacturer), Form ST-11B (rev. 5/06).
    Sales and Use Tax Certificate of Exemption (For use by the  Commonwealth of Virginia, a political subdivision of the Commonwealth of  Virginia, or the United States.), Form ST-12 (rev. 10/06). 
    Sales and Use Tax Certificate of Exemption (For use by  certain nonprofit organizations that have been granted statutory exemption  from the tax; medical and educational related organizations.),  Form ST-13 (eff. 6/94) (rev. 10/06). 
    Sales and Use Tax Certificate of Exemption (For use by  nonprofit churches), Form ST-13A (eff. 6/88) (rev. 6/07). 
    Sales and Use Tax Certificate of Exemption (For use  exclusively by an out-of-state dealer who purchases tangible personal property  in VA for immediate transportation out of VA in his own vehicle for resale  outside VA.), Form ST-14 (eff. 5/2/88) (rev. 3/99). 
    Sales and Use Tax Certificate of Exemption (For use  exclusively by an out-of-state dealer who purchases livestock in VA for  immediate transportation out of VA for resale outside VA.), Form ST-14A (eff.  3/1/76) (rev. 1/99). 
    Sales and Use Tax Certificate of Exemption (For use by  individuals purchasing heating oil, artificial or propane gas, firewood or coal  for domestic consumption.), Form ST-15 (eff. 9/81) (rev. 9/05).  
    Sales and Use Tax Certificate of Exemption (For use by  watermen who extract fish, bivalves, or crustaceans from waters for commercial  purposes.), Form ST-16 (eff. 7/85) (rev. 9/05). 
    Sales and Use Tax Certificate of Exemption (For use by  harvesters of forest products.), Form ST-17 (eff. 6/94) (rev. 7/99).  
    Sales and Use Tax Certificate of Exemption (For use by  farmers engaged in agricultural production), Form ST-18 (eff. 5/94) (rev.  5/06). 
    Sales and Use Tax Certificate of Exemption (For use by  shipping lines engaged in interstate or foreign commerce, and by shipbuilding  companies engaged in building, converting or repairing ships or vessel.),  Form ST-19 (rev. 6/05). 
    Sales and Use Tax Certificate of Exemption (For use by certain  public service corporations, commercial radio, and television companies, cable  television systems, taxicab operators and certain airlines.), Form ST-20 (eff.  3/89) (rev. 9/04). 
    Sales and Use Tax Certificate of Exemption (For use by  production companies, program producers, radio, television and cable T.V.  companies, and other entities engaged in the production and creation of exempt  audiovisual works and the licensing, distribution and broadcasting of same),  Form ST-20A (rev. 9/05).
    Sales and Use Tax Certificate of Exemption (For use when  purchasing or leasing railroad rolling stock from a manufacturer), Form ST-22  (rev. 4/07). 
    Sales and Use Tax Certificate of Exemption (For use by  individuals purchasing multi-fuel heating stoves for resident heating, Form  ST-23 (rev. 8/07).
    Sales and Use Tax Direct Payment Permit, Form ST-21 (eff.  2/94). 
    Virginia Consumers Use Tax Return for Individuals, Form CU-7 (eff.  9/93) (rev. 6/07). 
    Dealer's Application for Certificate of Registration for  Sales through Vending Machines, Form VM-1 (eff. 1/91). 
    Virginia Vending Machine Dealer's Sales Tax  Return, Form VM-2 (eff. 9/89) (rev. 8/05). 
    Dealer's Worksheet for Computing Tax on Sales Through Virginia  Vending Machines Dealer's Sales Tax Return Worksheet, Form VM-2A (eff.  4/93) (rev. 9/05). 
    Schedule of Local Vending Machine Sales Tax, Form VM-2B (eff.  9/89) (rev. 7/05). 
    FORMS (23VAC10-240) 
    Motor Vehicle Fuel Sales Tax Dealer's Application for  Registration, Form FT-100 (eff. 8/94) (rev. 12/06). 
    Business Registration Application, Form R-1 (rev. 3/08). 
    Dealer's Worksheet for Computing Only the Virginia  Motor Vehicle Fuel Sales Tax Worksheet and Instructions, Form FT-101  (eff. 5/91) (rev. 12/06). 
    Dealer's Return & Instructions for Motor Vehicle Fuel  Sales Tax Virginia Motor Vehicle Fuel Sales Tax Return, Form FT-102 (eff.  9/89) (rev. 12/06).
    Schedule of Motor Vehicle Fuel Sales Tax, Form FT-102A (eff.  1/89) (rev. 7/05). 
    Virginia Motor Vehicle Fuel Sales Tax Schedule of  Retailer Purchases for Resale, Form FT-102B (eff. 1/89) (rev. 10/07).  
    Virginia Motor Vehicle Fuel Sales Tax Bracket System,  Form FT-106 (eff. 6/90) (rev. 9/05). 
    Certificate of Exemption (For persons who purchase fuel in  the Cities of Alexandria, Manassas, Manassas Park, Fairfax,...), Form FT-200 (rev.  6/00). 
    Certificate of Registration, Form ST-4 (rev. 2/08). 
    Sales and Use Tax Certificate of Exemption (For dealers who  purchase tangible personal property for resale, lease or rental), Form ST-10 (eff.  4/88) (rev. 10/99).
    Sales and Use Tax Certificate of Exemption (For catalogs and  other printed materials distributed outside of Virginia; property delivered to  factor or agent for foreign export; advertising for placement in media;  advertising supplements), Form ST-10A (eff. 3/86) (rev. 6/95).   
    Sales and Use Tax Certificate of Exemption (For  manufacturing, processing, refining, converting, mining, basic research and  research and development in experimental or laboratory sense, or certified  pollution control equipment; equipment, materials or supplies used in the  production of a publication issued at least quarterly; high speed electrostatic  duplicators; materials, containers, etc. for future used for packaging tangible  personal property for shipment or sale.), Form ST-11 (eff. 6/94) (rev.  6/06).
    Sales and Use Tax Certificate of Exemption (For use by  construction contractors and non-manufacturers when purchasing tangible  personal property for usage directly in manufacturing products for sale or  resale which are exempt from the tax; incorporation into real property in  another state or foreign country which could be purchased free from the tax in  such state or country; agricultural production, to be affixed to real property  owned or leased by a farmer engaged in agricultural production for market.),  Form ST-11A (eff. 6/94) (rev. 5/06).
    Sales and Use Tax Certificate of Exemption (For use by a  semiconductor manufacturer), Form ST-11B (rev. 5/06).
    Sales and Use Tax Certificate of Exemption (For use by the  Commonwealth of Virginia, a political subdivision of the Commonwealth of  Virginia, or the United States.), Form ST-12 (rev. 10/06).
    Sales and Use Tax Certificate of Exemption (For use by  certain nonprofit organizations that have been granted statutory exemption  from the tax; medical and educational related organizations.),  Form ST-13 (eff. 6/94) (rev. 10/06).
    Sales and Use Tax Certificate of Exemption (For use by  nonprofit churches), Form ST-13A (eff. 6/88) (rev. 6/07).
    Sales and Use Tax Certificate of Exemption (For use  exclusively by an out-of-state dealer who purchases tangible personal property  in VA for immediate transportation out of VA in his own vehicle for resale  outside VA.), Form ST-14 (eff. 5/2/88) (rev. 3/99).
    Sales and Use Tax Certificate of Exemption (For use  exclusively by an out-of-state dealer who purchases livestock in VA for  immediate transportation out of VA for resale outside VA.), Form ST-14A (eff.  3/1/76) (rev. 1/99).
    Sales and Use Tax Certificate of Exemption (For use by  individuals purchasing heating oil, artificial or propane gas, firewood or coal  for domestic consumption.), Form ST-15 (eff. 9/81) (rev. 9/05).
    Sales and Use Tax Certificate of Exemption (For use by  watermen who extract fish, bivalves, or crustaceans from waters for commercial  purposes.), Form ST-16 (eff. 7/85) (rev. 9/05).
    Sales and Use Tax Certificate of Exemption (For use by  harvesters of forest products.), Form ST-17 (eff. 6/94) (rev.  7/99).
    Sales and Use Tax Certificate of Exemption (For use by  farmers engaged in agricultural production), Form ST-18 (eff. 5/94) (rev.  5/06).
    Sales and Use Tax Certificate of Exemption (For use by  shipping lines engaged in interstate or foreign commerce, and by shipbuilding  companies engaged in building, converting or repairing ships or vessel.),  Form ST-19 (rev. 6/05).
    Sales and Use Tax Certificate of Exemption (For use by certain  public service corporations, commercial radio, and television companies, cable  television systems, taxicab operators and certain airlines.), Form ST-20  (eff. 3/89) (rev. 9/04).
    VA.R. Doc. No. R09-1643; Filed October 23, 2008, 12:00 p.m. 
TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
DEPARTMENT OF MOTOR VEHICLES
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 24VAC20-10. Public  Participation Guidelines for Regulation Development and Promulgation (repealing 24VAC20-10-10 through 24VAC20-10-140).
    24VAC20-11. Public Participation Guidelines (adding 24VAC20-11-10 through 24VAC20-11-110). 
    Statutory Authority: §§ 2.2-4007.02 and 46.2-203 of the  Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: Barbara  S. Klotz, Legislative Services Manager, Department of Motor Vehicles, P.O. Box  27412, Richmond, VA 23269-0001, telephone (804) 367-8171, FAX (804) 367-6631,  TTY (800) 272-9268, or email barbara.klotz@dmv.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    24VAC20-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Department of Motor Vehicles. This chapter does not apply to regulations,  guidelines, or other documents exempted or excluded from the provisions of the  Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    24VAC20-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Department of Motor Vehicles,  which is the unit of state government empowered by the agency's basic law to  make regulations or decide cases. Actions specified in this chapter may be  fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    24VAC20-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    24VAC20-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 24VAC20-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    24VAC20-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    24VAC20-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    24VAC20-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    24VAC20-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    24VAC20-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    24VAC20-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    24VAC20-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1509; Filed October 31, 2008, 10:37 a.m. 
TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
DEPARTMENT OF MOTOR VEHICLES
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 24VAC20-10. Public  Participation Guidelines for Regulation Development and Promulgation (repealing 24VAC20-10-10 through 24VAC20-10-140).
    24VAC20-11. Public Participation Guidelines (adding 24VAC20-11-10 through 24VAC20-11-110). 
    Statutory Authority: §§ 2.2-4007.02 and 46.2-203 of the  Code of Virginia.
    Effective Date: December 24, 2008. 
    Agency Contact: Barbara  S. Klotz, Legislative Services Manager, Department of Motor Vehicles, P.O. Box  27412, Richmond, VA 23269-0001, telephone (804) 367-8171, FAX (804) 367-6631,  TTY (800) 272-9268, or email barbara.klotz@dmv.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    24VAC20-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Department of Motor Vehicles. This chapter does not apply to regulations,  guidelines, or other documents exempted or excluded from the provisions of the  Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
    24VAC20-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Department of Motor Vehicles,  which is the unit of state government empowered by the agency's basic law to  make regulations or decide cases. Actions specified in this chapter may be  fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    24VAC20-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    24VAC20-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 24VAC20-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    24VAC20-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    24VAC20-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    24VAC20-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    24VAC20-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    24VAC20-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    24VAC20-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    24VAC20-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1509; Filed October 31, 2008, 10:37 a.m. 
TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
BOARD OF TOWING AND RECOVERY OPERATORS
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 24VAC27-10. Public Participation  Guidelines (repealing 24VAC27-10-10 through  24VAC27-10-120).
    24VAC27-11. Public Participation Guidelines (adding 24VAC27-11-10 through 24VAC27-11-110). 
    Statutory Authority: §§ 2.2-4007.02 and 46.2-2809 of the  Code of Virginia. 
    Effective Date: December 24, 2008. 
    Agency Contact: Marc Copeland, Acting Executive  Director, Board for Towing & Recovery Operators, c/o Virginia Department of  Motor Vehicles, P.O. Box 2741, Richmond, VA 23269, telephone (804) 367-0714,  FAX (804) 367-7018, or email marc.copeland@btro.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    24VAC27-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Board of Towing and Recovery Operators. This chapter does not apply to  regulations, guidelines, or other documents exempted or excluded from the  provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of  Virginia).
    24VAC27-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Board of Towing and Recovery  Operators, which is the unit of state government empowered by the agency's  basic law to make regulations or decide cases. Actions specified in this  chapter may be fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed regulatory  action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register of  Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    24VAC27-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    24VAC27-11-40. Information to be sent to persons on the notification  list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 24VAC27-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    24VAC27-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    24VAC27-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    24VAC27-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    24VAC27-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    24VAC27-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    24VAC27-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    24VAC27-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1511; Filed October 31, 2008, 10:40 a.m. 
TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
BOARD OF TOWING AND RECOVERY OPERATORS
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 24VAC27-10. Public Participation  Guidelines (repealing 24VAC27-10-10 through  24VAC27-10-120).
    24VAC27-11. Public Participation Guidelines (adding 24VAC27-11-10 through 24VAC27-11-110). 
    Statutory Authority: §§ 2.2-4007.02 and 46.2-2809 of the  Code of Virginia. 
    Effective Date: December 24, 2008. 
    Agency Contact: Marc Copeland, Acting Executive  Director, Board for Towing & Recovery Operators, c/o Virginia Department of  Motor Vehicles, P.O. Box 2741, Richmond, VA 23269, telephone (804) 367-0714,  FAX (804) 367-7018, or email marc.copeland@btro.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on  regulatory actions; (iii) establishing the time period during which public  comments shall be accepted; (iv) providing that the plan to hold a public  meeting shall be indicated in any notice of intended regulatory action; (v)  providing for the appointment, when necessary, of regulatory advisory panels to  provide professional specialization or technical assistance and negotiated  rulemaking panels if a regulatory action is expected to be controversial; and  (vi) providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    24VAC27-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Board of Towing and Recovery Operators. This chapter does not apply to  regulations, guidelines, or other documents exempted or excluded from the  provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of  Virginia).
    24VAC27-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the Board of Towing and Recovery  Operators, which is the unit of state government empowered by the agency's  basic law to make regulations or decide cases. Actions specified in this  chapter may be fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed regulatory  action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register of  Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    24VAC27-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    24VAC27-11-40. Information to be sent to persons on the notification  list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 24VAC27-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    24VAC27-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such  opportunity to comment shall include an online public comment forum on the Town  Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    24VAC27-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    24VAC27-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    24VAC27-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the  development of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    24VAC27-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    24VAC27-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    24VAC27-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1511; Filed October 31, 2008, 10:40 a.m. 
TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
DEPARTMENT OF TRANSPORTATION
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 24VAC30-10. Public  Participation Guidelines (repealing 24VAC30-10-10 through  24VAC30-10-70).
    24VAC30-11. Public Participation Guidelines (adding 24VAC30-11-10 through 24VAC30-11-110).
    Statutory Authority: §§ 2.2-4007.02 and 33.1-12 of the  Code of Virginia.
    Effective Date: December 24, 2008.
    Agency Contact: Keith M. Martin, Agency Regulatory  Coordinator, Department of Transportation, Policy Division, 1401 E. Broad St.,  Richmond, VA 23219, telephone (804) 786-1830, FAX (804) 225-4700, or email  keithm.martin@vdot.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on regulatory  actions; (iii) establishing the time period during which public comments shall  be accepted; (iv) providing that the plan to hold a public meeting shall be  indicated in any notice of intended regulatory action; (v) providing for the  appointment, when necessary, of regulatory advisory panels to provide  professional specialization or technical assistance and negotiated rulemaking  panels if a regulatory action is expected to be controversial; and (vi)  providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    24VAC30-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Commonwealth Transportation Board, the Commonwealth Transportation  Commissioner, or the Virginia Department of Transportation. This chapter does  not apply to regulations, guidelines, or other documents exempted or excluded  from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of  the Code of Virginia).
    24VAC30-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the entity of state government  empowered by the agency's basic law to make regulations or decide cases. This  term includes the Commonwealth Transportation Board, the Commonwealth Transportation  Commissioner, or the Virginia Department of Transportation. Actions specified  in this chapter may be fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    24VAC30-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    24VAC30-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 24VAC30-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    24VAC30-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such opportunity  to comment shall include an online public comment forum on the Town Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    24VAC30-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    24VAC30-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    24VAC30-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the development  of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    24VAC30-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    24VAC30-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    24VAC30-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017  of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1512; Filed November 4, 2008, 12:32 p.m. 
TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
DEPARTMENT OF TRANSPORTATION
Final Regulation
        REGISTRAR'S NOTICE: The  following model public participation guidelines are exempt from Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia pursuant  to Chapter 321 of the 2008 Acts of Assembly.
         Titles of Regulations: 24VAC30-10. Public  Participation Guidelines (repealing 24VAC30-10-10 through  24VAC30-10-70).
    24VAC30-11. Public Participation Guidelines (adding 24VAC30-11-10 through 24VAC30-11-110).
    Statutory Authority: §§ 2.2-4007.02 and 33.1-12 of the  Code of Virginia.
    Effective Date: December 24, 2008.
    Agency Contact: Keith M. Martin, Agency Regulatory  Coordinator, Department of Transportation, Policy Division, 1401 E. Broad St.,  Richmond, VA 23219, telephone (804) 786-1830, FAX (804) 225-4700, or email  keithm.martin@vdot.virginia.gov.
    Summary:
    The regulations comply with the legislative mandate (Chapter  321, 2008 Acts of Assembly) that agencies adopt model public participation  guidelines issued by the Department of Planning and Budget by December 1, 2008.  Public participation guidelines exist to promote public involvement in the  development, amendment, or repeal of an agency's regulations. 
    This regulatory action repeals the current public  participation guidelines and promulgates new public participation guidelines as  required by Chapter 321 of the 2008 Acts of Assembly. Highlights of the public  participation guidelines include (i) providing for the establishment and  maintenance of notification lists of interested persons and specifying the  information to be sent to such persons; (ii) providing for public comments on regulatory  actions; (iii) establishing the time period during which public comments shall  be accepted; (iv) providing that the plan to hold a public meeting shall be  indicated in any notice of intended regulatory action; (v) providing for the  appointment, when necessary, of regulatory advisory panels to provide  professional specialization or technical assistance and negotiated rulemaking  panels if a regulatory action is expected to be controversial; and (vi)  providing for the periodic review of regulations.
    CHAPTER 11 
  PUBLIC PARTICIPATION GUIDELINES 
    Part I 
  Purpose and Definitions 
    24VAC30-11-10. Purpose.
    The purpose of this chapter is to promote public  involvement in the development, amendment or repeal of the regulations of the  Commonwealth Transportation Board, the Commonwealth Transportation  Commissioner, or the Virginia Department of Transportation. This chapter does  not apply to regulations, guidelines, or other documents exempted or excluded  from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of  the Code of Virginia).
    24VAC30-11-20. Definitions.
    The following words and terms when used in this chapter  shall have the following meanings unless the context clearly indicates  otherwise:
    "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
    "Agency" means the entity of state government  empowered by the agency's basic law to make regulations or decide cases. This  term includes the Commonwealth Transportation Board, the Commonwealth Transportation  Commissioner, or the Virginia Department of Transportation. Actions specified  in this chapter may be fulfilled by state employees as delegated by the agency.
    "Basic law" means provisions in the Code of  Virginia that delineate the basic authority and responsibilities of an agency.
    "Commonwealth Calendar" means the electronic  calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.
    ''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc  advisory panel of interested parties established by an agency to consider  issues that are controversial with the assistance of a facilitator or mediator,  for the purpose of reaching a consensus in the development of a proposed  regulatory action.
    "Notification list" means a list used to notify  persons pursuant to this chapter. Such a list may include an electronic list  maintained through the Virginia Regulatory Town Hall or other list maintained  by the agency.
    "Open meeting" means any scheduled gathering of  a unit of state government empowered by an agency's basic law to make  regulations or decide cases, which is related to promulgating, amending or  repealing a regulation.
    "Person" means any individual, corporation,  partnership, association, cooperative, limited liability company, trust, joint  venture, government, political subdivision, or any other legal or commercial  entity and any successor, representative, agent, agency, or instrumentality  thereof.
    "Public hearing" means a scheduled time at which  members or staff of the agency will meet for the purpose of receiving public  comment on a regulatory action.
    "Regulation" means any statement of general  application having the force of law, affecting the rights or conduct of any  person, adopted by the agency in accordance with the authority conferred on it  by applicable laws.
    "Regulatory action" means the promulgation,  amendment, or repeal of a regulation by the agency.
    "Regulatory advisory panel" or "RAP"  means a standing or ad hoc advisory panel of interested parties established by  the agency for the purpose of assisting in regulatory actions.
    "Town Hall" means the Virginia Regulatory Town  Hall, the website operated by the Virginia Department of Planning and Budget at  www.townhall.virginia.gov, which has online public comment forums and displays  information about regulatory meetings and regulatory actions under  consideration in Virginia and sends this information to registered public  users.
    "Virginia Register" means the Virginia Register  of Regulations, the publication that provides official legal notice of new,  amended and repealed regulations of state agencies, which is published under  the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process  Act.
    Part II 
  Notification of Interested Persons
    24VAC30-11-30. Notification list.
    A. The agency shall maintain a list of persons who have  requested to be notified of regulatory actions being pursued by the agency.
    B. Any person may request to be placed on a notification  list by registering as a public user on the Town Hall or by making a request to  the agency. Any person who requests to be placed on a notification list shall  elect to be notified either by electronic means or through a postal carrier.
    C. The agency may maintain additional lists for persons  who have requested to be informed of specific regulatory issues, proposals, or  actions.
    D. When electronic mail is returned as undeliverable on  multiple occasions at least 24 hours apart, that person may be deleted from the  list. A single undeliverable message is insufficient cause to delete the person  from the list.
    E. When mail delivered by a postal carrier is returned as  undeliverable on multiple occasions, that person may be deleted from the list.
    F. The agency may periodically request those persons on  the notification list to indicate their desire to either continue to be  notified electronically, receive documents through a postal carrier, or be  deleted from the list.
    24VAC30-11-40. Information to be sent to persons on the  notification list.
    A. To persons electing to receive electronic notification  or notification through a postal carrier as described in 24VAC30-11-30, the  agency shall send the following information:
    1. A notice of intended regulatory action (NOIRA).
    2. A notice of the comment period on a proposed, a  reproposed, or a fast-track regulation and hyperlinks to, or instructions on  how to obtain, a copy of the regulation and any supporting documents.
    3. A notice soliciting comment on a final regulation when  the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013  C of the Code of Virginia.
    B. The failure of any person to receive any notice or  copies of any documents shall not affect the validity of any regulation or  regulatory action.
    Part III 
  Public Participation Procedures 
    24VAC30-11-50. Public comment.
    A. In considering any nonemergency, nonexempt regulatory  action, the agency shall afford interested persons an opportunity to submit  data, views, and arguments, either orally or in writing, to the agency. Such opportunity  to comment shall include an online public comment forum on the Town Hall. 
    1. To any requesting person, the agency shall provide  copies of the statement of basis, purpose, substance, and issues; the economic  impact analysis of the proposed or fast-track regulatory action; and the  agency's response to public comments received. 
    2. The agency may begin crafting a regulatory action prior  to or during any opportunities it provides to the public to submit comments. 
    B. The agency shall accept public comments in writing  after the publication of a regulatory action in the Virginia Register as  follows: 
    1. For a minimum of 30 calendar days following the  publication of the notice of intended regulatory action (NOIRA). 
    2. For a minimum of 60 calendar days following the  publication of a proposed regulation. 
    3. For a minimum of 30 calendar days following the  publication of a reproposed regulation. 
    4. For a minimum of 30 calendar days following the  publication of a final adopted regulation. 
    5. For a minimum of 30 calendar days following the  publication of a fast-track regulation. 
    6. For a minimum of 21 calendar days following the  publication of a notice of periodic review. 
    7. Not later than 21 calendar days following the  publication of a petition for rulemaking. 
    C. The agency may determine if any of the comment periods  listed in subsection B of this section shall be extended. 
    D. If the Governor finds that one or more changes with  substantial impact have been made to a proposed regulation, he may require the  agency to provide an additional 30 calendar days to solicit additional public  comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.  
    E. The agency shall send a draft of the agency's summary  description of public comment to all public commenters on the proposed  regulation at least five days before final adoption of the regulation pursuant  to § 2.2-4012 E of the Code of Virginia. 
    24VAC30-11-60. Petition for rulemaking.
    A. As provided in § 2.2-4007 of the Code of Virginia, any  person may petition the agency to consider a regulatory action.
    B. A petition shall include but is not limited to the  following information:
    1. The petitioner's name and contact information;
    2. The substance and purpose of the rulemaking that is  requested, including reference to any applicable Virginia Administrative Code  sections; and
    3. Reference to the legal authority of the agency to take  the action requested.
    C. The agency shall receive, consider and respond to a  petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of  the petition.
    D. The petition shall be posted on the Town Hall and  published in the Virginia Register.
    E. Nothing in this chapter shall prohibit the agency from  receiving information or from proceeding on its own motion for rulemaking.
    24VAC30-11-70. Appointment of regulatory advisory panel.
    A. The agency may appoint a regulatory advisory panel  (RAP) to provide professional specialization or technical assistance when the  agency determines that such expertise is necessary to address a specific  regulatory issue or action or when individuals indicate an interest in working  with the agency on a specific regulatory issue or action.
    B. Any person may request the appointment of a RAP and  request to participate in its activities. The agency shall determine when a RAP  shall be appointed and the composition of the RAP.
    C. A RAP may be dissolved by the agency if:
    1. The proposed text of the regulation is posted on the  Town Hall, published in the Virginia Register, or such other time as the agency  determines is appropriate; or
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act.
    24VAC30-11-80. Appointment of negotiated rulemaking panel.
    A. The agency may appoint a negotiated rulemaking panel  (NRP) if a regulatory action is expected to be controversial.
    B. An NRP that has been appointed by the agency may be  dissolved by the agency when:
    1. There is no longer controversy associated with the development  of the regulation;
    2. The agency determines that the regulatory action is  either exempt or excluded from the requirements of the Administrative Process  Act; or
    3. The agency determines that resolution of a controversy  is unlikely.
    24VAC30-11-90. Meetings.
    Notice of any open meeting, including meetings of a RAP or  NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth  Calendar at least seven working days prior to the date of the meeting. The  exception to this requirement is any meeting held in accordance with § 2.2-3707  D of the Code of Virginia allowing for contemporaneous notice to be provided to  participants and the public.
    24VAC30-11-100. Public hearings on regulations.
    A. The agency shall indicate in its notice of intended  regulatory action whether it plans to hold a public hearing following the  publication of the proposed stage of the regulatory action. 
    B. The agency may conduct one or more public hearings  during the comment period following the publication of a proposed regulatory  action. 
    C. An agency is required to hold a public hearing  following the publication of the proposed regulatory action when: 
    1. The agency's basic law requires the agency to hold a  public hearing; 
    2. The Governor directs the agency to hold a public  hearing; or 
    3. The agency receives requests for a public hearing from  at least 25 persons during the public comment period following the publication  of the notice of intended regulatory action. 
    D. Notice of any public hearing shall be posted on the  Town Hall and Commonwealth Calendar at least seven working days prior to  the date of the hearing. The agency shall also notify those persons who  requested a hearing under subdivision C 3 of this section. 
    24VAC30-11-110. Periodic review of regulations.
    A. The agency shall conduct a periodic review of its  regulations consistent with: 
    1. An executive order issued by the Governor pursuant to § 2.2-4017  of the Administrative Process Act to receive comment on all existing  regulations as to their effectiveness, efficiency, necessity, clarity, and cost  of compliance; and 
    2. The requirements in § 2.2-4007.1 of the Administrative  Process Act regarding regulatory flexibility for small businesses. 
    B. A periodic review may be conducted separately or in  conjunction with other regulatory actions. 
    C. Notice of a periodic review shall be posted on the Town  Hall and published in the Virginia Register. 
    VA.R. Doc. No. R09-1512; Filed November 4, 2008, 12:32 p.m. 
 
                                                        It is essential that a statewide system of integrated radio and  wireless data communication be developed for state agencies engaged in public  protection and safety and for the mutual aid needs of state and local law  enforcement agencies.
    The management structure of a statewide radio system that is  shared between numerous agencies that provide public protection and safety  services pose considerable challenges. To meet the needs of all potential  users, the managing entity must establish and provide formal communication  avenues for users of the system to report system problems and to provide  valuable input to the design of the system and its efficient operations and  troubleshooting.
    In order to be effective, a statewide radio system must meet  the needs of a diverse group of agencies and localities. Therefore, appropriate  entities, composed of Secretarial representation for each of the participating  agencies, must be established and empowered to oversee policy and direction for  the system. Also, an implementation and operation unit must be established to  manage, maintain, and operate a reliable integrated radio communications  system.
    By virtue of the authority vested in me as Governor under  Article V of the Constitution of Virginia and under the laws of the  Commonwealth, including but not limited to Section 2.2-103 of the Code of  Virginia, and subject to my continuing and ultimate authority and  responsibility to act in such matters, I hereby continue the initiative to  accomplish the goals of the Statewide Agencies Radio System (STARS). 
    Pursuant to Chapter 3, Title 42, of the Code of Virginia, I  hereby continue the initiatives associated with the Statewide Agencies Radio  System (STARS) to meet the need for an integrated radio and wireless data  communications system for state agencies engaged in public protection and  safety and for interconnection between state and local police communication  systems at the city and county level.  As part of this initiative, I hereby  continue the STARS Management Group (hereinafter called the "Management  Group"), and STARS Project Management Team (hereinafter called the "Management  Team"), and the User Agency Requirements Committee (hereinafter called "UARC").
    The STARS membership shall be composed of the following state  agencies, and any other state agencies or institutions and local government  agencies or institutions that the Management Group approves:
     Withdrawal by state agencies and institutions from STARS shall  be only upon approval of the Management Group.
    The Management Group shall provide overall direction and  governance for the development, implementation, and ongoing operation of STARS.
     The Secretaries of Public Safety, Technology, Transportation,  Natural Resources, Commerce and Trade, Health and Human Resources, Agriculture  and Forestry, and Finance shall serve as members of the Management Group.
    The Secretary of Public Safety shall serve as chair of the  Management Group.  The chair of the Management Group shall have the power to  set meetings and make assignments to members of the user group established  below.
    The Management Group shall also designate and oversee the  Management Team.
    The Management Team shall provide staff for overall direction  and governance for the development, implementation, and ongoing operation of  STARS.
     The Management Team shall consist of persons with project  management, electrical engineering, civil engineering, communications  technology, procurement, contract administration, and accounting expertise.
    The Management Team shall be responsible for development of a  comprehensive management plan and procedures for the use and operation of  STARS.  It shall also be responsible for resolving general operating issues  between STARS users.  Any issues that can not be resolved by the Management  Team shall be addressed by the Management Group.
    A user group called the User Agency Requirements Committee  (UARC), consisting of representatives from each member agency and institution,  shall assist the Management Team.  The Management Group shall select the chairman.   The STARS Program Director serves as the co-chairman of UARC.
     The head of each member agency and institution shall appoint  one member of their respective staffs and a designated alternate to serve on  UARC.
    The User Group shall assist the Management Team by  establishing such operating procedures, executive committee, and subcommittees,  as it deems appropriate to carry out its work.  UARC shall meet as necessary,  but at least quarterly.
    As provided in Item 457 of the  2002 Appropriation Act (Chapter 899 of the 2002 Acts of Assembly), the  Commonwealth entered into a Contract with Motorola on July 13, 2004, for the  design, construction, and implementation of STARS with the approval of the  Governor and the General Assembly.
     The Secretary of Public Safety, with the assistance of the  Secretary of Finance, the Secretary of Technology, the Department of Planning  and Budget, and the Treasurer, continues the oversight for the financing of STARS.
     The Management Group shall report on the status of STARS,  including the status of any contract negotiations within the limitations of the  Virginia Public Procurement Act (Section 11-35 et seq. of the Code of Virginia)  to the Governor and General Assembly by January 1 of each year.
     This Executive Order rescinds Executive Order One Hundred One  (2005) issued by Governor Mark R. Warner.
     This Executive Order shall become effective upon its signing  and shall remain in full force and effect until October 25, 2011, unless  amended or rescinded by further Executive Order.
    /s/ Timothy M. Kaine