NOTICES OF INTENDED REGULATORY ACTION
Vol. 26 Iss. 24 - August 02, 2010

TITLE 1. ADMINISTRATION
Regulations for the Certification of Laboratories Analyzing Drinking Water
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of General Services intends to consider amending the following regulations: 1VAC30-40, Regulations for the Certification of Laboratories Analyzing Drinking Water. The purpose of the proposed action is to update the regulation to incorporate the most recent federal guidance used to certify drinking water laboratories, the Environmental Protection Agency's Manual for the Certification of Laboratories Analyzing Drinking Water, Fifth Edition (January 2005) and Supplement 1 to the Fifth Edition (June 2008). The proposed action will also revise the fees charged under the regulation. These fees have not changed since 1994 and need to be brought in line with the current costs of the program.

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

Statutory Authority: §§ 2.2-1102 and 2.2-1105 of the Code of Virginia.

Public Comment Deadline: September 1, 2010.

Agency Contact: Rhonda Bishton, Regulatory Coordinator, Department of General Services, 1100 Bank Street, Suite 420, Richmond, VA 23219, telephone (804) 786-3311, FAX (804) 371-8305, or email rhonda.bishton@dgs.virginia.gov.

VA.R. Doc. No. R10-2245; Filed July 12, 2010, 10:10 a.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
Regulations Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs
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 Juvenile Justice intends to consider amending the following regulations: 6VAC35-20, Regulations Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs, to (i) ensure the process to certify the programs and facilities regulated by the board is the most efficient and effective, (ii) conform definitions to those in other board regulations, (iii) remove definitions no longer used in the regulation, (iv) streamline and reorganize the regulation, (v) reduce the number of required onsite auditing and monitoring visits that occur during the certification cycle, (vi) add a self-assessment for facilities during nonaudit years, and (vii) add a separate section for audits of programs funded by the Virginia Juvenile Community Crime Control Act and Delinquency Prevention and Youth Development Act.

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

Statutory Authority: § 66-10 of the Code of Virginia.

Public Comment Deadline: September 1, 2010.

Agency Contact: Janet VanCuyk, Regulatory Coordinator, Department of Juvenile Justice, P.O. Box 1110, Richmond, VA 23218-1110, telephone (804) 371-4097, FAX (804) 371-0773, or email janet.vancuyk@djj.virginia.gov.

VA.R. Doc. No. R10-2208; Filed July 6, 2010, 10:37 a.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
DNA Data Bank Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Forensic Science Board intends to consider promulgating the following regulations: 6VAC40-60, DNA Data Bank Regulations. The purpose of the proposed action is to develop regulations for obtaining information from the Virginia DNA data bank and procedures for verifying the identity and authority of persons requesting information from the Virginia DNA data bank.

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

Statutory Authority: § 19.2-310.5 of the Code of Virginia.

Public Comment Deadline: September 1, 2010.

Agency Contact: Stephanie Merritt, Department Counsel, Department of Forensic Science, 700 North Fifth Street, Richmond, VA 23219, telephone (804) 786-6848, FAX (804) 786-6857, or email stephanie.merritt@dfs.virginia.gov.

VA.R. Doc. No. R10-2425; Filed July 8, 2010, 10:46 a.m.
TITLE 8. EDUCATION
Regulations Governing Literary Loan Applications in Virginia
Withdrawal of Notice of Intended Regulatory Action

The State Board of Education has withdrawn the Notice of Intended Regulatory Action for 8VAC20-100, Regulations Governing Literary Loan Applications in Virginia, which was published 23:22 VA.R. 3674 July 9, 2007. The action is withdrawn because the revisions to ensure alignment with the Code of Virginia and appropriate and necessary requirements are already in place.

Agency Contact: Dr. Margaret N. Roberts, Office of Policy and Communications, Department of Education, P.O. Box 2120, Richmond, VA 23218-2120, telephone (804) 225-2540, FAX (804) 225-2524, or email margaret.roberts@doe.virginia.gov.

VA.R. Doc. No. R07-280; Filed July 6, 2010, 2:25 p.m.
TITLE 9. ENVIRONMENT
Small Renewable Offshore Wind Energy Projects Permit Regulation
Notice of Intended Regulatory Action

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: 9VAC15-50, Small Renewable Offshore Wind Energy Projects Permit Regulation. The purpose of the proposed action is to establish a permit by rule for small offshore wind renewable energy projects, including whether offshore and coastal wind projects are likely to have a significant adverse impact on natural resources; and, if so, then how the department might address potential environmental impacts, mitigation plans, facility site planning, public participation, permit fees, interagency consultations, compliance, enforcement, and other topics that may be brought up during the public comment period.

The agency does not intend 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 Comment Deadline: September 1, 2010.

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@deq.virginia.gov.

VA.R. Doc. No. R10-2505; Filed July 13, 2010, 11:39 a.m.
TITLE 9. ENVIRONMENT
Small Solar Renewable Energy Projects Permit Regulation
Notice of Intended Regulatory Action

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: 9VAC15-60, Small Solar Renewable Energy Projects Permit Regulation. The purpose of the proposed action is to implement 2009 state legislation requiring the Department of Environmental Quality to develop one or more permits by rule for solar energy projects with rated capacity not exceeding 100 megawatts if the department determines that a permit by rule is necessary. The permit by rule will include conditions and standards necessary to protect the Commonwealth's natural resources.

The agency does not intend 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 Comment Deadline: September 1, 2010.

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@deq.virginia.gov.

VA.R. Doc. No. R10-2506; Filed July 13, 2010, 11:40 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Dentistry and Dental Hygiene
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 Dentistry intends to consider amending the following regulations: 18VAC60-20, Regulations Governing the Practice of Dentistry and Dental Hygiene. The purpose of the proposed action is to reorganize Chapter 20 and create new chapters for the practice of dental hygienists and dental assistants.

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

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Public Comment Deadline: September 1, 2010.

Agency Contact: Sandra Reen, Executive Director, Board of Dentistry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4538, FAX (804) 527-4428, or email sandra.reen@dhp.virginia.gov.

VA.R. Doc. No. R10-2362; Filed July 14, 2010, 11:53 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Nursing
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 Nursing intends to consider amending the following regulations: 18VAC90-20, Regulations Governing the Practice of Nursing. The purpose of the proposed action is to consider several options for nurses to demonstrate continued competency in order to renew an active license to practice.

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

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Public Comment Deadline: September 1, 2010.

Agency Contact: Jay P. Douglas, R.N., Executive Director, Board of Nursing, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4515, FAX (804) 527-4455, or email jay.douglas@dhp.virginia.gov.

VA.R. Doc. No. R10-2363; Filed July 14, 2010, 11:54 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Nursing
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 Nursing intends to consider amending the following regulations: 18VAC90-20, Regulations Governing the Practice of Nursing. The purpose of the proposed action is to consider adding specificity to requirements for initial, provisional, and continued approval of nursing education programs.

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

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.

Public Comment Deadline: September 1, 2010.

Agency Contact: Jay P. Douglas, R.N., Executive Director, Board of Nursing, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4515, FAX (804) 527-4455, or email jay.douglas@dhp.virginia.gov.

VA.R. Doc. No. R10-2513; Filed July 14, 2010, 11:54 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Social Work
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 Social Work intends to consider amending the following regulations: 18VAC140-20, Regulations Governing the Practice of Social Work. The purpose of the proposed action is to revise licensure by endorsement provisions to eliminate unnecessary requirements for documentation and to clarify and revise licensure by examination and reinstatement provisions to ensure current competency.

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

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Public Comment Deadline: September 1, 2010.

Agency Contact: Evelyn B. Brown, Executive Director, Board of Social Work, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4488, FAX (804) 527-4435, or email evelyn.brown@dhp.virginia.gov.

VA.R. Doc. No. R10-2415; Filed July 14, 2010, 11:55 a.m.
TITLE 22. SOCIAL SERVICES
Voluntary Registration of Family Day Homes - Requirements for Providers
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 promulgating the following regulation: 22VAC40-181, Voluntary Registration of Family Day Homes - Requirements for Providers; and repealing 22VAC40-180, Voluntary Registration of Family Day Homes - Requirements for Providers. The purpose of the proposed action is to (i) repeal the current regulation, 22VAC40-180, which establishes general requirements and procedures that family day homes caring for fewer than six children must meet in order to obtain a certificate of registration from the Department of Social Services and (ii) adopt a comprehensive new regulation, 22VAC40-181, to clarify and make the requirements and procedures consistent in obtaining a certificate of registration for family day homes.

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

Statutory Authority: §§ 63.2-217 and 63.2-1704 of the Code of Virginia.

Public Comment Deadline: September 1, 2010.

Agency Contact: Debra O'Neill, Children's Program Licensing Consultant, Department of Social Services, Division of Licensing Programs, 801 East Main Street, 9th Floor, Richmond, VA 23219, telephone (804) 726-7648, FAX (804) 726-7132, TTY (800) 828-1120, or email debra.oneill@dss.virginia.gov.

VA.R. Doc. No. R10-2243; Filed July 13, 2010, 3:58 p.m.
TITLE 22. SOCIAL SERVICES
Child Care Program
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 amending the following regulations: 22VAC40-661, Child Care Program. The purpose of the proposed action is to implement a statewide child care automation system and to expedite the automation process by ensuring uniform statewide child care subsidy guidance. Uniform and consistent alignment of statewide guidance is a critical piece of the development of statewide automation for the Child Care Subsidy Program (Program). It also ensures compliance with state law and federal requirements. Program areas needing alignment include eligibility, length of time for receipt of subsidized child care, requirements related to the Division of Child Support Enforcement as they relate to the absent parent assisting with child care payments, legal age for contractual arrangements, and a standardized process for the state to recover child care subsidy overpayments to clients as well as vendors.

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

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

Public Comment Deadline: September 1, 2010.

Agency Contact: Mary Ward, Child Care Subsidy Manager, Department of Social Services, Child Care & Early Childhood Development Division, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7638, FAX (804) 726-7655, TTY (800) 828-1120, or email mary.ward@dss.virginia.gov.

VA.R. Doc. No. R10-2438; Filed July 13, 2010, 4:01 p.m.