NOTICES OF INTENDED REGULATORY ACTION
Vol. 40 Iss. 17 - April 08, 2024

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
Rules Relating to Compulsory Minimum Training Standards for Dispatchers
Notice of Intended Regulatory Action

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

CRIMINAL JUSTICE SERVICES BOARD

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 Criminal Justice Services (DCJS) intends to consider amending 6VAC20-60, Rules Relating to Compulsory Minimum Training Standards for Dispatchers. The purpose of the proposed action is to modify and update the compulsory minimum training standards and replace the incorporated standard to better align the regulation with the revisions recently made to the compulsory minimum training standards for new law-enforcement officer recruits and Department of Corrections jail, civil process, and courtroom and courthouse security officers. The amendments being considered aim to enhance the requirements for the minimum training standards for law-enforcement dispatchers (public safety telecommunicators) and increase cohesiveness among all criminal justice professions that DCJS regulates.

In addition, pursuant to §§ 2.2-4007.1 and 2.2-4017 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; (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 does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 9.1-102 of the Code of Virginia.

Public Comment Deadline: May 8, 2024.

Agency Contact: Kristi Shalton, Regulatory Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 786-7801, or email kristi.shalton@dcjs.virginia.gov.

VA.R. Doc. No. R24-7719; Filed March 15, 2024
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
Minimum Standards for Research Involving Human Subjects or Records of the Department of Juvenile Justice
Notice of Intended Regulatory Action

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

BOARD OF JUVENILE JUSTICE

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 Juvenile Justice intends to consider amending 6VAC35-170, Regulation Governing Juvenile Data Requests and Research Involving Human Subjects. The purpose of the proposed action is to undertake a general review of the regulation in accordance with the regulatory reduction goal of Executive Directive Number One (2022) and Executive Order 19 (2022). The regulation (i) establishes processes for individuals and entities seeking data maintained by the Department of Juvenile Justice involving individuals who are or have been court-involved, supervised by the department, or committed to the department; (ii) establishes processes and rules for submitting research proposals involving such individuals and the department; and (iii) establishes the processes and rules for human research activities conducted or authorized by the department. This regulatory action is intended to remove provisions that are obsolete and establish processes for addressing requests for data submitted through alternative data systems and trusts.

In addition, pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the board is conducting a periodic review and small business impact review of this regulation to determine whether the 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 does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 66-10 and 66-10.1 of the Code of Virginia.

Public Comment Deadline: May 8, 2024.

Agency Contact: Kristen Peterson, Regulatory Affairs Coordinator, Department of Juvenile Justice, P.O. Box 1110, Richmond, VA 23218, telephone (804) 773-0180, or email kristen.peterson@djj.virginia.gov.

VA.R. Doc. No. R24-7832; Filed March 18, 2024
TITLE 9. ENVIRONMENT
Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day
Notice of Intended Regulatory Action

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

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 9VAC25-110, Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Domestic Sewage Discharges of Less Than or Equal to 1,000 Gallons Per Day. The purpose of the proposed action is to amend and reissue the existing general permit, which expires on July 31, 2026. This general permit regulation establishes limitations, monitoring requirements, and other special conditions for point source discharges of treated domestic sewage from treatment works with a design discharge flow of less than or equal to 1,000 gallons per day to surface waters to maintain surface water quality. Issues that may need to be addressed include (i) enhancing coordination with the Virginia Department of Health (VDH) because individual single-family dwellings are subject to VDH regulations as stated in 12VAC5-640, which addresses alternative discharging sewage treatment systems; (ii) considering the need and alternatives for clarifying the definition of "individual single-family dwelling"; (iii) considering options for implementing electronic reporting requirements; (iv) confirming that maintenance and monitoring requirements are well explained; (v) examining opportunities to reduce burden; and (vi) any other issues that arise from publishing this notice of intent and during the technical advisory committee meetings.

In addition, pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the board 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: § 62.1-44.15 of the Code of Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, and 124.

Public Comment Deadline: May 8, 2024.

Agency Contact: Jeanette Ruiz, Regulatory and Guidance Analyst, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 494-9636, or email jeanette.ruiz@deq.virginia.gov.

VA.R. Doc. No. R24-7822; Filed March 20, 2024
TITLE 9. ENVIRONMENT
Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Seafood Processing Facilities
Notice of Intended Regulatory Action

TITLE 9. ENVIRONMENT

STATE WATER CONTROL BOARD

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 9VAC25-115, Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Seafood Processing Facilities. The purpose of the proposed action is to amend and reissue the existing general permit, which expires on June 30, 2026. This general permit regulation establishes limitations, monitoring requirements, and other special conditions for point source discharge of seafood processing wastewater from seafood processing facilities to surface waters to maintain surface water quality. The general permit also regulates stormwater quality from seafood processing sites operating under SIC codes 2091(Canned and Cured Fish and Seafoods) and 2092 (Prepared Fresh or Frozen Fish and Seafoods) to maintain surface water quality.

In addition, pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the board 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: § 62.1-44.15 of the Code of Virginia; § 402 of the Clean Water Act; 40 CFR Parts 122, 123, and 124.

Public Comment Deadline: May 8, 2024.

Agency Contact: Morgan Emanuel, Regulatory and Guidance Analyst, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 494-9635, or email morgan.emanuel@deq.virginia.gov.

VA.R. Doc. No. R24-7823; Filed March 15, 2024
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing Polygraph Examiners
Notice of Intended Regulatory Action

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION

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 Professional and Occupational Regulation intends to consider amending 18VAC120-30, Regulations Governing Polygraph Examiners. The purpose of the proposed action is to undertake a general review of the regulation in accordance with the regulatory reduction goal of Executive Directive Number One (2022). The regulation provides for the licensure of polygraph examiners, the registration of polygraph examiner interns, and approval of polygraph schools. The goals of the action include (i) reviewing discretionary requirements imposed on regulated parties to determine whether such requirements impose burdens that are not necessary to protect the public health, safety, and welfare or are not necessary to effectively administer the licensure program; (ii) ensuring the regulation conforms to current Virginia law and meets applicable federal requirements, is organized, clear, and understandable, and provides minimal burdens on regulants while still protecting the public; and (iii) ensuring the regulation reflects current Department of Professional and Occupational Regulation procedures and policies, along with any other changes determined to be necessary and appropriate.

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

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.

Public Comment Deadline: May 8, 2024.

Agency Contact: Marjorie King, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, 23233, telephone (804) 367-2785, FAX (866) 430-1033, or email polygraph@dpor.virginia.gov.

VA.R. Doc. No. R24-7741; Filed March 08, 2024