NOTICES OF INTENDED REGULATORY ACTION
Vol. 26 Iss. 1 - September 14, 2009

TITLE 9. ENVIRONMENT
General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for total Nitrogen and total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia
Notice of Intended Regulatory Action

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: 9VAC25-820, General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia. The purpose of the proposed action is to amend and reissue the existing general permit that expires on December 31, 2011. The general permit governs facilities holding individual VPDES permits that discharge or propose to discharge total nitrogen or total phosphorus to the Chesapeake Bay or its tributaries. The facilities are authorized to discharge to surface waters and exchange credits for total nitrogen and/or total phosphorus.

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.

Public Comment Deadline: October 14, 2009.

Agency Contact: George Cosby, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4067, FAX (804) 698-4032, or email george.cosby@deq.virginia.gov.

VA.R. Doc. No. R10-2123; Filed August 25, 2009, 4:18 p.m.
TITLE 12. HEALTH
Waivered Services
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Medical Assistance Services intends to consider amending the following regulations: 12VAC30-120, Waivered Services. The purpose of the proposed action is to update and revise the regulations for the Technology Assisted Home and Community Based Care Waiver program.

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

Statutory Authority: § 32.1-325 of the Code of Virginia; Title XIX of the Social Security Act (42 USC § 1396).

Public Comment Deadline: October 14, 2009.

Agency Contact: Brian McCormick, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-8856, FAX (804) 786-1680, or email brian.mccormick@dmas.virginia.gov.

VA.R. Doc. No. R09-597; Filed August 19, 2009, 10:43 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Lead-based Paint Renovation, Repair and Painting Regulation
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Virginia Board for Asbestos, Lead, and Home Inspectors intends to consider promulgating the following regulations: 18VAC15-50, Lead-based Paint Renovation, Repair and Painting Regulation. The purpose of the proposed action is to create a new regulation that is consistent with the United States Environmental Protection Agency final rule “Lead; Renovation, Repair, and Painting Program,” which is mandated by Chapter 819 of the 2009 Acts of Assembly. The federal final rule will require contractors, real estate firms, property management companies, and rental housing providers to obtain a license to disturb painted surfaces in pre-1978 or child-occupied housing. There are also training and licensing requirements for individuals who disturb painted surfaces.

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

Statutory Authority: § 54.1-501 of the Code of Virginia.

Public Comment Deadline: October 14, 2009.

Agency Contact: David Dick, Executive Director, Virginia Board for Asbestos, Lead, and Home Inspectors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8595, FAX (804) 527-4297, or email alhi@dpor.virginia.gov.

VA.R. Doc. No. R10-2047; Filed August 21, 2009, 8:23 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Mold Inspector and Mold Remediator Licensing Regulation
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Virginia Board for Asbestos, Lead, and Home Inspectors intends to consider promulgating the following regulations: 18VAC15-60, Mold Inspector and Mold Remediator Licensing Regulation. The purpose of the proposed action is to create a new regulation for licensing of mold inspectors and mold remediators regarding the professional qualifications, the requirements for passing an applicable examination, the proper conduct of board examinations, the proper conduct of individuals licensed by the board, the implementation of exemptions from licensure requirements, and the proper discharge of board duties. The board has the discretion to impose different requirement for licensure for the performance of mold inspections and mold remediation. This regulatory program is mandated by Chapter 358 of the 2009 Acts of Assembly.

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

Statutory Authority: § 54.1-501 of the Code of Virginia.

Public Comment Deadline: October 14, 2009.

Agency Contact: David Dick, Executive Director, Virginia Board for Asbestos, Lead, and Home Inspectors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8595, FAX (804) 527-4297, or email alhi@dpor.virginia.gov.

VA.R. Doc. No. R10-2048; Filed August 21, 2009, 8:24 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Common Interest Community Manager Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Common Interest Community Board intends to consider promulgating the following regulations: 18VAC48-50, Common Interest Community Manager Regulations. The purpose of the proposed action is to establish qualifications and standards of practice and conduct for employees of common interest community managers who have principal responsibility for management services provided to a common interest community, or who have supervisory responsibility for employees who participate directly in the provision of management services to a common interest community to ensure the person possesses the character and minimum skills to engage properly in the provision of management services to a common interest community pursuant to § 54.1-2349 A 3 of the Code of Virginia by July 1, 2011, in accordance with § 54.1-2346 C. In addition, § 54.1-2349 A 7 requires establishment of an education-based certification program for persons who are involved in the business or activity of providing management services to common interest communities and authorizes the board to approve training courses and instructors.

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

Statutory Authority: § 54.1-2349 of the Code of Virginia.

Public Comment Deadline: October 14, 2009.

Agency Contact: Trisha Henshaw, Executive Director, Common Interest Community Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8510, FAX (804) 527-4298, or email CIC@dpor.virginia.gov.

VA.R. Doc. No. R10-2069; Filed August 20, 2009, 3:40 p.m.
TITLE 22. SOCIAL SERVICES
Minimum Standards for Licensed Child Placing Agencies
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services intends to consider repealing 22VAC40-130, Minimum Standards for Licensed Child Placing Agencies and promulgating 22VAC40-131, Minimum Standards for Licensed Private Child-Placing Agencies. The purpose of the proposed action is to: (i) improve clarity of the regulation; (ii) incorporate improvements in the language and reflect requirements of current federal and state law; (iii) align home approvals, supervision, and monitoring practices and responsibilities of private child-placing agencies with public child-placing agencies; (iv) relieve intrusive and burdensome language; and (v) provide greater protection for children in care. The current regulation will be repealed.

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

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Public Comment Deadline: October 14, 2009.

Agency Contact: Joni S. Baldwin, Program Development Consultant, Department of Social Services, Division of Licensing Programs, 7 North 8th Street, Richmond, VA 23219, telephone (804) 726-7162, FAX (804) 726-7132, TTY (800) 828-1120, or email joni.baldwin@dss.virginia.gov.

VA.R. Doc. No. R10-2036; Filed August 20, 2009, 4:29 p.m.
TITLE 22. SOCIAL SERVICES
Minimum Standards for Licensed Private Child-Placing Agencies
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services intends to consider repealing 22VAC40-130, Minimum Standards for Licensed Child Placing Agencies and promulgating 22VAC40-131, Minimum Standards for Licensed Private Child-Placing Agencies. The purpose of the proposed action is to: (i) improve clarity of the regulation; (ii) incorporate improvements in the language and reflect requirements of current federal and state law; (iii) align home approvals, supervision, and monitoring practices and responsibilities of private child-placing agencies with public child-placing agencies; (iv) relieve intrusive and burdensome language; and (v) provide greater protection for children in care. The current regulation will be repealed.

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

Statutory Authority: §§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Public Comment Deadline: October 14, 2009.

Agency Contact: Joni S. Baldwin, Program Development Consultant, Department of Social Services, Division of Licensing Programs, 7 North 8th Street, Richmond, VA 23219, telephone (804) 726-7162, FAX (804) 726-7132, TTY (800) 828-1120, or email joni.baldwin@dss.virginia.gov.

VA.R. Doc. No. R10-2036; Filed August 20, 2009, 4:29 p.m.