Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Agriculture and Consumer Services intends to consider repealing the following regulations: 2VAC5-540, Rules and Regulations Pertaining to Carbonated and Still Water Bottling Plants and Beverages. The purpose of the proposed action is to repeal the regulation as the essential elements of the regulation have already been incorporated into the Virginia Food Laws (Chapter 52 (§ 3.2-5200 et seq.) of Title 3.2 of the Code of Virginia).

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 3.2-5101 and 3.2-5121 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on September 30, 2009.

Agency Contact: James A. Morano, Review and Compliance Officer, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3520, FAX (804) 371-7792, TTY (800) 828-1120, or email james.morano@vdacs.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Environmental Quality intends to consider promulgating the following regulations: 9VAC15-40, Small Renewable Energy Projects (Wind) Permit Regulation. The purpose of the proposed action is to implement new state legislation requiring the Department of Environmental Quality to develop one or more permits-by-rule for wind-energy projects with rated capacity not exceeding 100 megawatts. By means of this legislation, the General Assembly moved permitting authority for these projects from the State Corporation Commission to the Department of Environmental Quality. By requiring a "permit-by-rule," the legislature is mandating that permit requirements be set forth "up front" within this regulation, rather than being developed on a case-by-case basis. The legislature mandates that the permit-by-rule include conditions and standards necessary to protect the Commonwealth's natural resources.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 10.1-1197.6 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on September 30, 2009.

Agency Contact: Carol C. Wampler, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4579, FAX (804) 698-4346, or email carol.wampler.renewable.energy@gmail.com.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Water Control Board intends to consider amending the following regulations: 9VAC25-720, Water Quality Management Planning Regulation. The purpose of the proposed action is to amend the Water Quality Management Planning Regulation to include the concept of regulating flow or other qualities of a point source that cause or contribute to pollutants or pollution downstream of point sources.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 62.1-44.15 of the Code of Virginia; 33 USC § 1313(e) of the Clean Water Act.

Public Comments: Public comments may be submitted until 5 p.m. on October 9, 2009.

Agency Contact: Arthur Butt, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4314, FAX (804) 698-4116, or email arthur.butt@deq.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Charitable Gaming Board intends to consider amending the following regulations: 11VAC15-31, Supplier Regulations. The purpose of the proposed action is to amend the regulation as it is impacted by the implementation of electronic games of chance systems. This action is pursuant to Chapter 264 of the 2007 Acts of Assembly.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 2.2-2456, 18.2-340.19, and 18.2-340.34 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on September 30, 2009.

Agency Contact: Betty Bowman, Division Director, Department of Agriculture and Consumer Services, James Monroe Building, 101 North 14th Street, 17th Floor, Richmond, VA 23219, telephone (804) 786-3015, FAX (804) 786-1079, or email betty.bowman@dcg.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider promulgating the following regulations: 12VAC5-115, Virginia Immunization Information System Regulations. The purpose of the proposed action is to establish a system that will contain birth to death immunization histories of participants.

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

Statutory Authority: § 32.1-46.01 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on September 30, 2009.

Agency Contact: James Farrell, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-8055, or email james.farrell@vdh.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Behavioral Health and Developmental Services intends to consider amending the following regulations: 12VAC35-115, Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services. The purpose of the proposed action is to clarify that individuals receiving services have the right and opportunity to notify a person of his choice of his (i) location, (ii) general condition, and (iii) transfer to another facility.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 37.2-203 and 37.2-400 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on September 30, 2009.

Agency Contact: Margaret Walsh, Director, Office of Human Rights, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, 13th Floor, Richmond, VA 23219, telephone (804) 786-2008, FAX (804) 371-2308, or email margaret.walsh@co.dmhmrsas.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Auctioneers Board intends to consider amending the following regulations: 18VAC25-21, Regulations of the Virginia Auctioneers Board. The purpose of the proposed action is to amend the existing regulations dealing with disciplinary actions and the compliance of such actions and for further clarification of the regulation.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 54.1-201 and 54.1-602 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on September 30, 2009.

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.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Child Day-Care Council intends to consider repealing 22VAC15-30, Standards for Licensed Child Day Centers and promulgating 22VAC15-31, Standards for Licensed Child Day Centers. The purpose of the proposed action is to adopt a new regulation to improve clarity and consistency, relieve intrusive and burdensome language, and provide greater protection for children in care.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 63.2-1734 and 63.2-1735 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on September 30, 2009.

Agency Contact: Debra O'Neill, Children's Program Licensing Consultant, Department of Social Services, Division of Licensing Programs, 7 North 8th Street, Richmond, VA 23219, telephone (804) 726-7648, FAX (804) 726-7132, TTY (800) 828-1120, or email debra.oneill@dss.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Child Day-Care Council intends to consider repealing 22VAC15-30, Standards for Licensed Child Day Centers and promulgating 22VAC15-31, Standards for Licensed Child Day Centers. The purpose of the proposed action is to adopt a new regulation to improve clarity and consistency, relieve intrusive and burdensome language, and provide greater protection for children in care.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 63.2-1734 and 63.2-1735 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on September 30, 2009.

Agency Contact: Debra O'Neill, Children's Program Licensing Consultant, Department of Social Services, Division of Licensing Programs, 7 North 8th Street, Richmond, VA 23219, telephone (804) 726-7648, FAX (804) 726-7132, TTY (800) 828-1120, or email debra.oneill@dss.virginia.gov.