NOTICES OF INTENDED REGULATORY ACTION
Vol. 36 Iss. 11 - January 20, 2020

TITLE 1. ADMINISTRATION
Certification of Noncommercial Environmental Laboratories
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 1VAC30-45, Certification of Noncommercial Environmental Laboratories and 1VAC30-46, Accreditation for Commercial Environmental Laboratories. 1VAC30-46 sets out the requirements to accredit commercial laboratories that analyze environmental samples used to determine compliance with State Water Control Law, Virginia Waste Management Act, and Virginia Pollution Control Law. 1VAC30-46 uses the National Environmental Laboratory Accreditation Conference (NELAC) Institute (TNI) standards for this accreditation. The TNI standards are revised every few years, and the proposed action replaces the 2009 TNI standards in the regulation with the 2016 TNI standards. Commercial environmental laboratories must meet these standards to remain accredited under the nationally-accepted TNI program. 1VAC30-45 sets out the requirements to certify noncommercial laboratories that analyze environmental samples used to determine compliance with the State Water Control Law, Virginia Waste Management Act, and the Virginia Air Pollution Control Law. The proposed action revises 1VAC30-45 to include proposed changes in the 2016 TNI Standards that provide more flexibility so that the standards for noncommercial environmental laboratories are no more stringent than the standards for commercial environmental laboratories.

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

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

Public Comment Deadline: February 19, 2020.

Agency Contact: Rhonda Bishton, Director's Executive Administrative Assistant, 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. R20-6196; Filed December 19, 2019, 9:02 a.m.
TITLE 1. ADMINISTRATION
Accreditation for Commercial Environmental Laboratories
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 1VAC30-45, Certification of Noncommercial Environmental Laboratories and 1VAC30-46, Accreditation for Commercial Environmental Laboratories. 1VAC30-46 sets out the requirements to accredit commercial laboratories that analyze environmental samples used to determine compliance with State Water Control Law, Virginia Waste Management Act, and Virginia Pollution Control Law. 1VAC30-46 uses the National Environmental Laboratory Accreditation Conference (NELAC) Institute (TNI) standards for this accreditation. The TNI standards are revised every few years, and the proposed action replaces the 2009 TNI standards in the regulation with the 2016 TNI standards. Commercial environmental laboratories must meet these standards to remain accredited under the nationally-accepted TNI program. 1VAC30-45 sets out the requirements to certify noncommercial laboratories that analyze environmental samples used to determine compliance with the State Water Control Law, Virginia Waste Management Act, and the Virginia Air Pollution Control Law. The proposed action revises 1VAC30-45 to include proposed changes in the 2016 TNI Standards that provide more flexibility so that the standards for noncommercial environmental laboratories are no more stringent than the standards for commercial environmental laboratories.

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

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

Public Comment Deadline: February 19, 2020.

Agency Contact: Rhonda Bishton, Director's Executive Administrative Assistant, 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. R20-6196; Filed December 19, 2019, 9:02 a.m.
TITLE 8. EDUCATION
Regulations Governing the Review and Approval of Education Programs 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 Board of Education intends to consider amending 8VAC20-543, Regulations Governing the Review and Approval of Education Programs in Virginia. The purpose of the proposed action is to establish dual language endorsements for preK through grade 6 and an economics and personal finance add-on endorsement. Amendments to 8VAC20-23, Licensure Regulations for School Personnel, regarding these endorsements are proposed in a separate regulatory action; however, the endorsements also should be included in the Regulations Governing the Review and Approval of Education Programs in Virginia. The endorsement in dual language is required by Chapter 391 of the 2018 Acts of Assembly, and the endorsement in economics and personal finance will expand the number of teachers who may teach economics and personal finance.

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

Statutory Authority: § 22.1-298.2 of the Code of Virginia.

Public Comment Deadline: February 19, 2020.

Agency Contact: Patty Pitts, Assistant Superintendent for Teacher Education and Licensure, Department of Education, P.O. Box 2120, Richmond, VA 23219, telephone (804) 371-2522, or email patty.pitts@doe.virginia.gov.

VA.R. Doc. No. R20-6234; Filed December 23, 2019, 3:39 p.m.
TITLE 9. ENVIRONMENT
Water Quality Management Planning Regulation
Notice of Intended Regulatory Action

EDITOR'S NOTICE: The State Water Control Board has extended the public comment deadline until February 19, 2020, for the Notice of Intended Regulatory Action previously published in 36:7 VA.R. 986 November 25, 2019. The notice is republished here.

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 9VAC25-720, Water Quality Management Planning Regulation and 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 Water Quality Management Planning Regulation (9VAC25-720) includes wasteload allocations for dischargers of pollutants to various river basins throughout the Commonwealth of Virginia including total nitrogen (TN) and total phosphorus (TP) wasteload allocations necessary for the restoration of water quality in the Chesapeake Bay and its tidal tributaries. The purpose of the proposed action is to amend 9VAC25-720-50 C (Potomac-Shenandoah River Basin), 9VAC25-720-60 C (James River Basin), 9VAC25-720-70 C (Rappahannock River Basin), 9VAC25-720-110 C (Chesapeake Bay – Small Coastal – Eastern Shore River Basin), and 9VAC25-720-120 C (York River Basin) to (i) establish TN and TP wasteload allocations to meet revised water quality criteria for Chlorophyll-a in the tidal James River Basin; (ii) reallocate any unneeded significant industrial discharger allocations to other facilities registered under the General Virginia Pollutant Discharge Elimination System Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia (9VAC25-820) or reserve any unneeded allocations for future use; and (iii) establish floating wasteload allocations for significant municipal dischargers based on the average daily flow treated by the facility in a given year and nutrient concentrations of 4.0 mg/l TN and 0.30 mg/l TP. Existing "primary" wasteload allocations will remain, and in any given year the facility will be required to meet the lesser of the primary or floating allocations. Facilities with special circumstances could be assigned alternative floating wasteload allocations or possibly no floating wasteload allocation. The board may consider exempting a subset of the smallest significant dischargers that in aggregate represent a minor percentage of the expected load reductions from this regulatory action. Special consideration may also be appropriate for treatment plants that reclaim and reuse a significant portion of their wastewater flow. The board may, if necessary to implement amendments to 9VAC25-720, also propose amendments to 9VAC25-820.

In addition, pursuant to Executive Order 14 (as amended, July 16, 2018) and § 2.2-4007.1 of the Code of Virginia, the agency is conducting a periodic review and small business impact review of 9VAC25-720 to determine whether this regulation should be repealed, 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: § 62.1-44.15 of the Code of Virginia; 33 USC § 1313(e) of the Clean Water Act.

Public Comment Deadline: February 19, 2020.

Agency Contact: Gary E. Graham, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 689-4103, FAX (804) 698-4319, or email gary.graham@deq.virginia.gov.

VA.R. Doc. No. R20-6191; Filed January 2, 2020, 9:53 a.m.
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

EDITOR'S NOTICE: The State Water Control Board has extended the public comment deadline until February 19, 2020, for the Notice of Intended Regulatory Action previously published in 36:7 VA.R. 986 November 25, 2019. The notice is republished here.

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 9VAC25-720, Water Quality Management Planning Regulation and 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 Water Quality Management Planning Regulation (9VAC25-720) includes wasteload allocations for dischargers of pollutants to various river basins throughout the Commonwealth of Virginia including total nitrogen (TN) and total phosphorus (TP) wasteload allocations necessary for the restoration of water quality in the Chesapeake Bay and its tidal tributaries. The purpose of the proposed action is to amend 9VAC25-720-50 C (Potomac-Shenandoah River Basin), 9VAC25-720-60 C (James River Basin), 9VAC25-720-70 C (Rappahannock River Basin), 9VAC25-720-110 C (Chesapeake Bay – Small Coastal – Eastern Shore River Basin), and 9VAC25-720-120 C (York River Basin) to (i) establish TN and TP wasteload allocations to meet revised water quality criteria for Chlorophyll-a in the tidal James River Basin; (ii) reallocate any unneeded significant industrial discharger allocations to other facilities registered under the General Virginia Pollutant Discharge Elimination System Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia (9VAC25-820) or reserve any unneeded allocations for future use; and (iii) establish floating wasteload allocations for significant municipal dischargers based on the average daily flow treated by the facility in a given year and nutrient concentrations of 4.0 mg/l TN and 0.30 mg/l TP. Existing "primary" wasteload allocations will remain, and in any given year the facility will be required to meet the lesser of the primary or floating allocations. Facilities with special circumstances could be assigned alternative floating wasteload allocations or possibly no floating wasteload allocation. The board may consider exempting a subset of the smallest significant dischargers that in aggregate represent a minor percentage of the expected load reductions from this regulatory action. Special consideration may also be appropriate for treatment plants that reclaim and reuse a significant portion of their wastewater flow. The board may, if necessary to implement amendments to 9VAC25-720, also propose amendments to 9VAC25-820.

In addition, pursuant to Executive Order 14 (as amended, July 16, 2018) and § 2.2-4007.1 of the Code of Virginia, the agency is conducting a periodic review and small business impact review of 9VAC25-720 to determine whether this regulation should be repealed, 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: § 62.1-44.15 of the Code of Virginia; 33 USC § 1313(e) of the Clean Water Act.

Public Comment Deadline: February 19, 2020.

Agency Contact: Gary E. Graham, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 689-4103, FAX (804) 698-4319, or email gary.graham@deq.virginia.gov.

VA.R. Doc. No. R20-6191; Filed January 2, 2020, 9:53 a.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Hearing Aid Specialists 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 for Hearing Aid Specialists and Opticians intends to consider amending 18VAC80-20, Hearing Aid Specialists Regulations. The purpose of the proposed action is to adjust hearing aid specialist licensing fees based on projected revenues and expenses to meet the requirements of § 54.1-113 of the Code of Virginia while being the least burdensome to the licensee population. The board must establish fees adequate to support the costs of board operations and a proportionate share of the Department of Professional and Occupational Regulation operations. By the close of the next biennium, current fees will not provide adequate revenue for those costs, and the board has no other source of revenue from which to fund its operations.

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

Statutory Authority: § 54.1-201 of the Code of Virginia.

Public Comment Deadline: February 19, 2020.

Agency Contact: Stephen Kirschner, Executive Director, Board for Hearing Aid Specialists and Opticians, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590 or email hearingaidspec@dpor.virginia.gov.

VA.R. Doc. No. R20-5959; Filed December 24, 2019, 9:36 a.m.
TITLE 22. SOCIAL SERVICES
Permanency Services - Prevention, Foster Care, Adoption, and Independent Living
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 22VAC40-201, Permanency Services - Prevention, Foster Care, Adoption, and Independent Living. The purpose of the proposed action is to (i) align the regulation with Chapters 282, 301, 437, 446, and 677 of the 2019 Acts of Assembly; (ii) align the regulation with changes in federal law resulting from the 2018 Family First Prevention Services Act; and (iii) make other changes the agency deems necessary after comments and review. The proposed action will include changes to regulations on credit freezes, notification of a child with a developmental disability, qualified residential treatment programs, relative search and notification, placement authority of the Commissioner of the Department of Social Services, a foster care complaint system, birth parent engagement, and caseload standard.

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: February 19, 2020.

Agency Contact: Em Parente, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7895, FAX (804) 726-7538, or email em.parente@dss.virginia.gov.

VA.R. Doc. No. R20-6266; Filed December 18, 2019, 10:09 a.m.