NOTICES OF INTENDED REGULATORY ACTION
Vol. 28 Iss. 17 - April 23, 2012

TITLE 9. ENVIRONMENT
Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Discharges Resulting From the Application of Pesticides to Surface Waters
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 9VAC25-800, Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Discharges Resulting From the Application of Pesticides to Surface Waters. The purpose of the proposed action is to amend and reissue a VPDES general permit for discharges from pesticides applied directly to surface waters to control pests, or applied to control pests that are present in or over, including near, surface waters. This permit expires on December 31, 2013, and needs to be reissued so pesticide operators can continue to have coverage to apply chemical pesticides that leave a residue in water and all biological pesticide applications that are made in or over, including near, waters of the United States. This regulatory action is also needed to incorporate appropriate changes from the federal National Pollutant Discharge Elimination System Pesticide General Permit.

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: May 23, 2012.

Agency Contact: William K. Norris, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4022, FAX (804) 698-4347, or email william.norris@deq.virginia.gov.

VA.R. Doc. No. R12-3168; Filed April 2, 2012, 2:05 p.m.
TITLE 12. HEALTH
Regulations Governing Virginia Newborn Screening Services
Withdrawal of Notice of Intended Regulatory Action

The State Board of Health has WITHDRAWN the Notice of Intended Regulatory Action for 12VAC5-71, Regulations Governing Virginia Newborn Screening Services, which was published in 27:24 VA.R. 2579 August 1, 2011. This action is being withdrawn because the agency will be initiating a regulatory action using the fast-track rulemaking process (§ 2.2-4012.1 of the Code of Virginia) for this purpose.

Agency Contact: Susan Tlusty, Division of Child and Adolescent Health, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7686, FAX (804) 864-7647, or email susan.tlusty@vdh.virginia.gov.

VA.R. Doc. No. R11-2916; Filed March 26, 2012, 2:12 p.m.
TITLE 12. HEALTH
Waterworks Regulations
Withdrawal of 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 Health has WITHDRAWN the Notice of Intended Regulatory Action for 12VAC5-590, Waterworks Regulations, which was published in 28:8 VA.R. 668 December 19, 2011. The action is being withdrawn as the Virginia Department of Health has no clear indication that bonding for small waterworks can be accomplished through normal financial institutions and there is lack of affirmative support for such a regulation.

Agency Contact: Cathy Hanchey, Department of Health, Office of Drinking Water, 109 Governor Street, Richmond, VA, telephone (804) 864-7506, or email cathy.hanchey@vdh.virginia.gov.

VA.R. Doc. No. R12-3036; Filed March 26, 2012, 2:02 p.m.
TITLE 13. HOUSING
Virginia Amusement Device Regulations
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 Housing and Community Development intends to consider amending 13VAC5-31, Virginia Amusement Device Regulations. The purpose of the proposed action is to update the regulation to incorporate by reference the newest available nationally recognized codes and standards. The standards for amusement devices are controlled by the American Society for Testing and Materials (ASTM). In conjunction with incorporating the newest available standards into the regulation, the entire regulation will be subject to review and change. The ASTM standards constitute the majority of the regulation and the various parts of the regulation must be coordinated with the use of those standards, which necessitates scrutiny of the entire regulation.

This action is exempt from Article 2 of the Administrative Process Act under § 2.2-4406 A 12 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: § 36-98.3 of the Code of Virginia.

Public Comment Deadline: May 23, 2012.

Agency Contact: Stephen W. Calhoun, Regulatory Coordinator, Department of Housing and Community Development, Main Street Center, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 371-7000, FAX (804) 371-7090, TTY (804) 371-7089, or email steve.calhoun@dhcd.virginia.gov.

VA.R. Doc. No. R12-3160; Filed March 22, 2012, 4:34 p.m.
TITLE 13. HOUSING
Virginia Statewide Fire Prevention Code
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 Housing and Community Development intends to consider amending 13VAC5-51, Virginia Statewide Fire Prevention Code. The purpose of the proposed action is to update the regulation to incorporate by reference the newest available nationally recognized model building codes and standards produced by International Code Council (ICC). The ICC International Fire Code (IFC) is the major model code. The IFC further references the ICC building, mechanical, plumbing, gas, and electrical codes. The ICC codes are known collectively as the "I-Codes." In conjunction with incorporating the newest available I-Codes into the regulation, the entire regulation will be subject to review and change. The I-Codes constitute the majority of the regulation and the various parts of the regulation must be coordinated with the use of the I-Codes, which necessitates scrutiny of the entire regulation.

This action is exempt from Article 2 of the Administrative Process Act under § 2.2-4406 A 12 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: § 27-97 of the Code of Virginia.

Public Comment Deadline: May 23, 2012.

Agency Contact: Stephen W. Calhoun, Regulatory Coordinator, Department of Housing and Community Development, Main Street Center, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 371-7000, FAX (804) 371-7090, TTY (804) 371-7089, or email steve.calhoun@dhcd.virginia.gov.

VA.R. Doc. No. R12-3161; Filed March 22, 2012, 4:34 p.m.
TITLE 13. HOUSING
Virginia Uniform Statewide Building Code
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 Housing and Community Development intends to consider amending 13VAC5-63, Virginia Uniform Statewide Building Code. The purpose of the proposed action is to update the regulation to incorporate by reference the newest available nationally recognized model building codes and standards produced by the International Code Council (ICC). The ICC International Building Code (IBC), the ICC International Existing Building Code, the International Residential Code and the International Property Maintenance Code are the major model codes. The IBC further references the ICC mechanical, plumbing, and gas codes and the National Electrical Code. The ICC codes are known collectively as the "I-Codes." In conjunction with incorporating the newest available I-Codes into the regulation, the entire regulation will be subject to review and change. The I-Codes constitute the majority of the regulation and the various parts of the regulation must be coordinated with the use of the I-Codes, which necessitates scrutiny of the entire regulation.

This action is exempt from Article 2 of the Administrative Process Act under § 2.2-4406 A 12 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: § 36-98 of the Code of Virginia.

Public Comment Deadline: May 23, 2012.

Agency Contact: Stephen W. Calhoun, Regulatory Coordinator, Department of Housing and Community Development, Main Street Center, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 371-7000, FAX (804) 371-7090, TTY (804) 371-7089, or email steve.calhoun@dhcd.virginia.gov.

VA.R. Doc. No. R12-3159; Filed March 22, 2012, 4:33 p.m.
TITLE 13. HOUSING
Virginia Industrialized Building Safety Regulations
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 Housing and Community Development intends to consider amending 13VAC5-91, Virginia Industrialized Building Safety Regulations. The purpose of the proposed action is to update the regulation to incorporate by reference the newest available nationally recognized model building codes and standards produced by International Code Council (ICC). The ICC International Building Code (IBC), the ICC International Existing Building Code, the International Residential Code and the International Property Maintenance Code are the major model codes. The IBC further references the ICC mechanical, plumbing, gas, and electrical codes. The ICC codes are known collectively as the "I-Codes." In conjunction with incorporating the newest available I-Codes into the regulation, the entire regulation will be subject to review and change. The I-Codes constitute the majority of the regulation and the various parts of the regulation must be coordinated with the use of the I-Codes, which necessitates scrutiny of the entire regulation.

This action is exempt from Article 2 of the Administrative Process Act under § 2.2-4406 A 12 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: § 36-73 of the Code of Virginia.

Public Comment Deadline: May 23, 2012.

Agency Contact: Stephen W. Calhoun, Regulatory Coordinator, Department of Housing and Community Development, Main Street Center, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 371-7000, FAX (804) 371-7090, TTY (804) 371-7089, or email steve.calhoun@dhcd.virginia.gov.

VA.R. Doc. No. R12-3162; Filed March 22, 2012, 4:35 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Virginia Asbestos Licensing Regulations
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, Mold, and Home Inspectors intends to consider amending 18VAC15-20, Virginia Asbestos Licensing Regulations. The purpose of the proposed action is to adjust licensing fees for regulants of the Board for Asbestos, Lead, Mold, and Home Inspectors. The board must establish fees adequate to support the costs of the board's operations and a proportionate share of the Department of Professional and Occupational Regulation's operations. By the close of the next biennium, fees will not provide adequate revenue for those costs. The board has no other source of revenue from which to fund its operations.

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: May 23, 2012.

Agency Contact: David Dick, Executive Director, Virginia Board for Asbestos, Lead, Mold, 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. R12-3169; Filed April 3, 2012, 8:56 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Nursing
Withdrawal of 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 has WITHDRAWN the Notice of Intended Regulatory Action for 18VAC90-20, Regulations Governing the Practice of Nursing, which was published in 28:8 VA.R. 668 December 19, 2011. After review of the regulations for clinical nurse specialists by an ad hoc committee of board members and licensees, it was concluded that a change in the Code of Virginia is necessary to achieve the request of the petition for rulemaking that served as the basis for the notice.

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. R11-28; Filed March 21, 2012, 8:41 a.m.