NOTICES OF INTENDED REGULATORY ACTION
Vol. 35 Iss. 20 - May 27, 2019

TITLE 9. ENVIRONMENT
Small Renewable Energy Projects (Solar) Permit Regulation by Rule
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 (DEQ) intends to consider amending 9VAC15-60, Small Renewable Energy Projects (Solar) Permit Regulation by Rule, which establishes criteria, procedures, and permit requirements as required by § 10.1-1197.5 et seq. of the Code of Virginia for solar energy projects of 150 megawatts or fewer. The purpose of the proposed action is to clarify specific definitions, establish clear timeframes for data submittals and recordkeeping activities, provide clarity for natural and cultural resource studies, clarify the public participation procedures, and address the fee structure to adequately fund the program. The goals of the proposed action are to clarify the requirements for applicants, operators, and permitted facilities; improve permitting procedures; and streamline the regulations for ease of use while still protecting natural resources and human health.

In addition, pursuant to Executive Order 14 (as amended July 16, 2018) and § 2.2-4007.1 of the Code of Virginia, DEQ is conducting a periodic review and small business impact review of this regulation to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; (iii) is designed to achieve its intended objective in the most efficient, cost-effective manner; (iv) is clearly written and easily understandable; (v) overlaps, duplicates, or conflicts with federal or state law or regulation; and (vi) is impacted by changes in technology, economic conditions, or other factors in the area affected by the regulation since the last review.

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: June 26, 2019.

Agency Contact: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

VA.R. Doc. No. R19-5818; Filed May 6, 2019, 7:43 a.m.
TITLE 9. ENVIRONMENT
Regulated Medical Waste Management 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 Waste Management Board intends to consider amending 9VAC20-120, Regulated Medical Waste Management Regulations. The purpose of the proposed action is to modernize the standards for general handling and treatment of regulated medical waste based on current industry best management practices. The goals of the proposed action are to clarify the requirements for generators and permitted facilities, improve permitting procedures, and streamline the regulations for ease of use while still protecting natural resources and human health.

In addition, pursuant to Executive Order 17 (2014) and § 2.2-4007.1 of the Code of Virginia, the agency is conducting a periodic review and small business impact review of this regulation to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; (iii) is designed to achieve its intended objective in the most efficient, cost-effective manner; (iv) is clearly written and easily understandable; (v) overlaps, duplicates, or conflicts with federal or state law or regulation; and (vi) is impacted by changes in technology, economic conditions, or other factors in the area affected by the regulation since the last review.

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

Statutory Authority: § 10.1-1402 of the Code of Virginia; 42 USC § 6941 et seq.; 40 CFR Part 257.

Public Comment Deadline: June 26, 2019.

Agency Contact: Debra A. Harris, Planning and Policy Specialist, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4209, FAX (804) 698-4019, or email debra.harris@deq.virginia.gov.

VA.R. Doc. No. R19-5395; Filed May 6, 2019, 7:49 a.m.
TITLE 12. HEALTH
Regulations Governing Virginia Newborn Screening Services
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 intends to consider amending 12VAC5-71, Regulations Governing Virginia Newborn Screening Services. The purpose of the proposed action is to amend the existing newborn screening regulation to add spinal muscular atrophy (SMA) and X-linked adrenoleukodystrophy (X-ALD) to the newborn screening panel. SMA is a genetic disorder that is estimated to occur in approximately 9.1 out of every 100,000 live births. X-ALD is a genetic disorder that is estimated to occur in approximately six out of every 100,000 live births. Treatment for both X-ALD and SMA is available if detected early. Screening is necessary as these disorders cannot be detected at birth through physical examinations. The addition of SMA and X-ALD to the newborn screening panel has been recommended by the Virginia Genetics Advisory Committee. On the national level, these disorders have been added to the core panel of 35 genetic disorders included in the Recommended Uniform Screening Panel of the U.S. Secretary of Health and Human Services Advisory Committee on Heritable Disorders in Newborns and Children.

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

Statutory Authority: §§ 32.1-12 and 32.1-67 of the Code of Virginia.

Public Comment Deadline: June 27, 2019.

Agency Contact: Joseph Hilbert, Deputy Commissioner, Governmental and Regulatory Affairs, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7001, FAX (804) 864-7022, or email joe.hilbert@vdh.virginia.gov.

VA.R. Doc. No. R19-5996; Filed May 2, 2019, 4:49 p.m.
TITLE 12. HEALTH
Regulations for Alternative Onsite Sewage Systems
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 intends to consider amending 12VAC5-613, Regulations for Alternative Onsite Sewage Systems. The purpose of the proposed action is to review the entire regulation for necessary modifications, clarifications, and updates to provisions, including provisions relating to the general approval process for manufacturers of alternative onsite sewage systems (AOSS), performance requirements of the AOSS, and sampling requirements for owners. Other amendments may be proposed based on comments from the periodic review conducted in 2016, on feedback from the technical advisory committees and from the general public, and as authorized by the Code of Virginia.

This Notice of Intended Regulatory Action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

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

Statutory Authority: §§ 32.1-12 and 32.1-164 of the Code of Virginia.

Public Comment Deadline: June 28, 2019.

Agency Contact: Lance Gregory, Director, Division of Onsite Sewage and Water Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7491, or email lance.gregory@vdh.virginia.gov.

VA.R. Doc. No. R19-5991; Filed April 30, 2019, 4:36 p.m.
TITLE 13. HOUSING
Virginia Certification Standards
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 13VAC5-21, Virginia Certification Standards. The purpose of the proposed action is to update the regulation to coordinate with the building (13VAC5-63) and fire (13VAC5-51) regulations, which are being updated to reference the newest available nationally recognized model codes and standards. As the national codes are comprehensive in scope, the agency will accept comments on all provisions of the Virginia Certification Standards to ensure compatibility with the latest codes.

In addition, this regulation will undergo a periodic review pursuant to Executive Order 14 (as amended, July 16, 2018) and a small business impact review pursuant to § 2.2-4007.1 of the Code of Virginia to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

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

Statutory Authority: § 36-137 of the Code of Virginia.

Public Comment Deadline: June 26, 2019.

Agency Contact: Kyle Flanders, Senior Policy Analyst, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 786-6761, FAX (804) 371-7090, TTY (804) 371-7089, or email kyle.flanders@dhcd.virginia.gov.

VA.R. Doc. No. R19-5980; Filed April 25, 2019, 8:30 a.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 lower to 77° Fahrenheit the required cooling temperature as provided in the Uniform Statewide Building Code (USBC). Currently, the Virginia Maintenance Code (VMC), a part of the USBC, requires that when cooling is provided to tenants of certain multifamily buildings, it must be provided to a temperature of at least 80° Fahrenheit. The current threshold has been identified as a public health concern in multiple localities that adopt the VMC.

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: July 10, 2019.

Agency Contact: Kyle Flanders, Senior Policy Analyst, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 786-6761, FAX (804) 371-7090, TTY (804) 371-7089, or email kyle.flanders@dhcd.virginia.gov.

VA.R. Doc. No. R19-5869; Filed May 14, 2019, 4:47 p.m.
TITLE 13. HOUSING
Virginia Manufactured Home 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 13VAC5-95, Virginia Manufactured Home Safety Regulations. The purpose of the proposed action is to update the regulations to include the most current federal installation standard based on current construction standards of the U.S. Department of Housing and Urban Development and to amend any administrative or enforcement provision of the regulation as determined necessary.

In addition, pursuant to Executive Order 14 (as amended, July 16, 2018) and § 2.2-4007.1 of the Code of Virginia, the Board of Housing and Community Development is conducting a periodic review and small business impact review of this regulation to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare; (ii) minimizes the economic impact on small businesses consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

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

Statutory Authority: § 36-85.7 of the Code of Virginia.

Public Comment Deadline: June 26, 2019.

Agency Contact: Kyle Flanders, Senior Policy Analyst, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 786-6761, FAX (804) 371-7090, TTY (804) 371-7089, or email kyle.flanders@dhcd.virginia.gov.

VA.R. Doc. No. R19-5981; Filed April 25, 2019, 8:31 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations of the Board of Funeral Directors and Embalmers
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 Funeral Directors and Embalmers intends to consider amending 18VAC65-20, Regulations of the Board of Funeral Directors and Embalmers. The purpose of the proposed action is to amend the regulations governing the practice of funeral services to include clarifying certain provisions, updating the regulations, and strengthening the provisions for surface transportation, removal service, and courtesy cards.

This Notice of Intended Regulatory Action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 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: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.

Public Comment Deadline: June 26, 2019.

Agency Contact: Corie Tillman Wolf, Executive Director, Board of Funeral Directors and Embalmers, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4479, FAX (804) 527-4471, or email fanbd@dhp.virginia.gov.

VA.R. Doc. No. R19-5988; Filed April 30, 2019, 1:06 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations for Preneed Funeral Planning
Notice of Intended Regulatory Action

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 Funeral Directors and Embalmers intends to consider amending 18VAC65-30, Regulations for Preneed Funeral Planning. The purpose of the proposed action is to ensure greater protections for the public, including disclosures of information regarding the content of a contract, retention of documentation, and notification when a funeral home closes or changes ownership.

This Notice of Intended Regulatory Action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 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: §§ 54.1-2400 and 54.1-2803 of the Code of Virginia.

Public Comment Deadline: June 26, 2019.

Agency Contact: Corie Tillman Wolf, Executive Director, Board of Funeral Directors and Embalmers, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4546, FAX (804) 527-4637, or email corie.wolf@dhp.virginia.gov.

VA.R. Doc. No. R19-5826; Filed April 30, 2019, 1:07 p.m.