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.