NOTICES OF INTENDED REGULATORY ACTION
Vol. 27 Iss. 16 - April 11, 2011

TITLE 9. ENVIRONMENT
General Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation for Discharges from Petroleum Contaminated Sites, Groundwater Remediation and Hydrostatic Tests
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 regulation: 9VAC25-120, General Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation for Discharges from Petroleum Contaminated Sites, Groundwater Remediation and Hydrostatic Tests. The purpose of the proposed action is to amend and reissue the existing general permit, which expires on February 25, 2013. The general permit covers point source discharges of wastewaters from sites contaminated by petroleum products and chlorinated hydrocarbon solvents and also the point source discharges of hydrostatic test wastewaters resulting from the testing of petroleum and natural gas storage tanks and pipelines.

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; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123, and 124.

Public Comment Deadline: May 11, 2011.

Agency Contact: George E. 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. R11-2774; Filed March 22, 2011, 3:36 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Audiology and Speech-Language Pathology,
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 Audiology and Speech-Language Pathology intends to consider repealing 18VAC30-20, Regulations Governing the Practice of Audiology and Speech-Language Pathology, and promulgating 18VAC30-21, Regulations Governing the Practice of Audiology and Speech-Language Pathology. In order to arrange the regulations governing the practice of audiology and speech-language pathology in a more understandable, logical manner, the board will consider repealing the current chapter and promulgating a replacement chapter. By doing so, the qualifications for each profession can be set out separately and the regulations relating to provisional licensure in audiology can be set out in one section. Substantively, the qualifications for licensure will not be changed, but the continuing education requirements will be modified to reflect annual renewals and to eliminate the Type 1 and Type 2 categories. Rather than 30 hours every two years, the board will propose a requirement of 10 hours every year with the ability to transfer or credit excess hours to the next renewal year. Additionally, the grounds for unprofessional conduct will be expanded to include problematic conduct for which the board currently has no grounds for disciplinary action.

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

Statutory Authority: §§ 54.1-2400 and 54.1-2602 of the Code of Virginia.

Public Comment Deadline: May 11, 2011.

Agency Contact: Leslie L. Knachel, Executive Director, Board of Audiology and Speech-Language Pathology, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4630, FAX (804) 527-4413, or email leslie.knachel@dhp.virginia.gov.

VA.R. Doc. No. R11-2759; Filed March 28, 2011, 10:03 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Polysomnographic Technologists
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 Medicine intends to consider amending the following regulation: 18VAC85-140, Regulations Governing the Practice of Polysomnographic Technologists. The purpose of the proposed action is to establish rules for minimal competency for licensure, continued competency for renewal of licensure, supervisory responsibilities, and standards of conduct for safe 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: May 11, 2011.

Agency Contact: William L. Harp, M.D., Executive Director, Board of Medicine, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4621, FAX (804) 527-4429, or email william.harp@dhp.virginia.gov.

VA.R. Doc. No. R11-2762; Filed March 28, 2011, 10:09 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Virginia Regulations Governing the Practice of Pharmacy
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 Pharmacy intends to consider amending the following regulations: 18VAC110-20, Virginia Regulations Governing the Practice of Pharmacy and 18VAC110-50, Regulations Governing Wholesale Distributors, Manufacturers and Warehousers. The purpose of the proposed action is to add administrative fees for additional services requested by regulants for duplicate licenses and verification of licensure.

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

Statutory Authority: § 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.

Public Comment Deadline: May 11, 2011.

Agency Contact: Caroline Juran, R.Ph., Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4416, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

VA.R. Doc. No. R11-2783; Filed March 28, 2011, 10:13 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing Wholesale Distributors, Manufacturers and Warehousers
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 Pharmacy intends to consider amending the following regulations: 18VAC110-20, Virginia Regulations Governing the Practice of Pharmacy and 18VAC110-50, Regulations Governing Wholesale Distributors, Manufacturers and Warehousers. The purpose of the proposed action is to add administrative fees for additional services requested by regulants for duplicate licenses and verification of licensure.

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

Statutory Authority: § 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.

Public Comment Deadline: May 11, 2011.

Agency Contact: Caroline Juran, R.Ph., Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4416, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

VA.R. Doc. No. R11-2783; Filed March 28, 2011, 10:13 a.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 regulation: 22VAC40-661, Child Care Program. The purpose of the proposed action is to (i) make modifications to the current child care subsidy program, (ii) facilitate the development and implementation of a statewide child care automation system, and (iii) expedite the automation process by ensuring uniform statewide child care guidance. Uniform and consistent alignment of statewide guidance is critical in the development of statewide program automation. Proposed changes include new requirements for vendors, a limitation on the fees and rates that will be paid by the program, a requirement that applicants be at least 18 years of age, a requirement for applicants and recipients to cooperate with the Division of Child Support Enforcement as a condition of eligibility, a requirement that appellants refund the cost of services paid during the appeals process if the local department's decision is upheld, a change to the time allowed for processing applications, establishment of a standardized process to hear cases of alleged recipient fraud when the Commonwealth chooses not to prosecute, a time limitation for receipt of child care, and a requirement that overpayments made as a result of a local department error be repaid to the department with local funds.

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: May 11, 2011.

Agency Contact: Mary Ward, Subsidy Program Manager, Department of Social Services, 801 E. Main Street, Richmond, VA 23219, telephone (804) 726-7638, FAX (804) 726-7655, or email mary.ward@dss.virginia.gov.

VA.R. Doc. No. R11-2776; Filed March 23, 2011, 8:12 a.m.
TITLE 22. SOCIAL SERVICES
Adult Services Standards
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: 22VAC40-775, Adult Services Standards. The purpose of the proposed action is to adopt a new regulation addressing the provision of services to elderly individuals and adults with an impairment by local departments of social services' adult services workers. Family-Based Social Services, 22VAC40-800, which is being repealed as part of another regulatory action, includes sections that address adult services. The new Adult Services Standards regulation will incorporate that content from 22VAC40-800, including principles inherent in the provision of adult services, the process for client intake and service delivery, and descriptions of the types of services that may be provided.

The agency does not intend 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: May 11, 2011.

Agency Contact: Paige McCleary, Program Consultant, Department of Social Services, Division of Family Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7536, FAX (804) 726-7895, TTY (800) 828-1120, or email paige.mccleary@dss.virginia.gov.

VA.R. Doc. No. R11-2775; Filed March 23, 2011, 8:06 a.m.