TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

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 8VAC20-671, Regulations Governing the Operation of Private Day Schools for Students with Disabilities and Educational Programs Offered in Group Homes and Residential Facilities in the Commonwealth. The purpose of the proposed action is to meet the mandate required by Item 130 H Chapter 1 of the 2023 Acts of Assembly, Special Session I to align the requirements for use of restraint and seclusion for private special education day schools with those for public schools. Proposed amendments being considered include (i) adding definitions; (ii) standardizing requirements related to the use of seclusion and application of restraints with those enforced at public schools; and (iii) altering reporting requirements on the use of seclusion and application of restraints.

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

Statutory Authority: §§ 22.1-16 and 22.1-321 of the Code of Virginia.

Public Comment Deadline: November 20, 2024.

Agency Contact: Jim Chapman, Regulatory and Legal Coordinator, Department of Education, James Monroe Building, 25th Floor, 101 North 14th Street, Richmond, VA 23219, telephone (804) 225-2540, or email jim.chapman@doe.virginia.gov.

TITLE 9. ENVIRONMENT

VIRGINIA WASTE MANAGEMENT BOARD

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 9VAC20-81, Solid Waste Management Regulations. The purpose of the proposed action is to amend the current open burning allowances to provide conditions allowing the offsite open burning of vegetative waste when it is impractical or unsafe to destroy such waste at the site of generation or at a permitted solid waste landfill and add definitions for "impractical or unsafe" and other terms to accommodate the new regulatory conditions. These amendments are required pursuant to Chapter 235 of the 2024 Acts of Assembly.

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 258.

Public Comment Deadline: November 20, 2024.

Agency Contact: Rebecca Rathe, Regulatory Analyst, Department of Environmental Quality, 4411 Early Road, Harrisonburg, VA 22801, telephone (540) 830-7241, or email rebecca.rathe@deq.virginia.gov.

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 9VAC25-660, Virginia Water Protection General Permit for Impacts Less Than One-Half Acre. The purpose of the proposed action is to reissue the Virginia Water Protection General Permit for Impacts Less Than One-Half Acre authorized by the regulation that is expiring on August 1, 2026, and extend it for another 10-year term. The general permit is a streamlined permitting approach for impacts to the surface waters. The proposed action provides efficiency to the permit coverage process for activities having minor impacts to state surface waters, simplifies permit issuance procedures, and makes clarifying amendments for improved understanding of regulatory provisions and permit processes. Amendments being considered will provide clarity in provisions related to coverage expiration, transition, and continuation; correct citations and typographical errors; update forms and reference documents; and clarify administrative procedures. Specifically, the board is considering amendments related to transitioning between the expiring general permit and the next consecutive general permit.

In addition, pursuant to § 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 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; § 401 of the Clean Water Act (33 USC § 1251 et seq.).

Public Comment Deadline: November 20, 2024.

Agency Contact: Dave Davis, Office of Wetland and Stream Protection, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 698-4105, or email vwppublicnotices@deq.virginia.gov.

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 9VAC25-670, Virginia Water Protection General Permit for Facilities and Activities of Utility and Public Service Companies Regulated by the Federal Energy Regulatory Commission or the State Corporation Commission and Other Utility Line Activities. The purpose of the proposed action is to reissue the Virginia Water Protection General Permit for Facilities and Activities of Utility and Public Service Companies Regulated by the Federal Energy Regulatory Commission or the State Corporation Commission and Other Utility Line Activities authorized by the regulation that is expiring on August 1, 2026, and extend it for another 10-year term. The general permit is a streamlined permitting approach for impacts to the surface waters. The proposed action provides efficiency to the permit coverage process for activities having minor impacts to state surface waters, simplifies permit issuance procedures, and makes clarifying amendments for improved understanding of regulatory provisions and permit processes. Amendments being considered will provide clarity in provisions related to coverage expiration, transition, and continuation; correct citations and typographical errors; update forms and reference documents; and clarify administrative procedures. Specifically, the board is considering amendments related to transitioning between the expiring general permit and the next consecutive general permit. The general permit covers the construction and maintenance of utility lines.

In addition, pursuant to § 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 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; § 401 of the Clean Water Act (33 USC § 1251 et seq.).

Public Comment Deadline: November 20, 2024.

Agency Contact: Dave Davis, Office of Wetland and Stream Protection, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 698-4105, or email vwppublicnotices@deq.virginia.gov.

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 9VAC25-680, Virginia Water Protection General Permit for Linear Transportation Projects. The purpose of the proposed action is to reissue the Virginia Water Protection General Permit for Linear Transportation Projects authorized by the regulation that is expiring on August 1, 2026, and extend it for another 10-year term. The general permit is a streamlined permitting approach for impacts to the surface waters. The proposed action provides efficiency to the permit coverage process for activities having minor impacts to state surface waters, simplifies permit issuance procedures, and makes clarifying amendments for improved understanding of regulatory provisions and permit processes. Amendments being considered will provide clarity in provisions related to coverage expiration, transition, and continuation; correct citations and typographical errors; update forms and reference documents; and clarify administrative procedures. Specifically, the board is considering amendments related to transitioning between the expiring general permit and the next consecutive general permit. The general permit covers the construction and maintenance of Virginia Department of Transportation or other linear transportation projects.

In addition, pursuant to § 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 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; § 401 of the Clean Water Act (33 USC § 1251 et seq.).

Public Comment Deadline: November 20, 2024.

Agency Contact: Dave Davis, Office of Wetland and Stream Protection, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 698-4105, or email vwppublicnotices@deq.virginia.gov.

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 9VAC25-690, Virginia Water Protection General Permit for Impacts from Development and Certain Mining Activities. The purpose of the proposed action is to reissue the Virginia Water Protection General Permit for Impacts from Development and Certain Mining Activities authorized by the regulation that is expiring on August 1, 2026, and extend it for another 10-year term. The general permit is a streamlined permitting approach for impacts to the surface waters. The proposed action provides efficiency to the permit coverage process for activities having minor impacts to state surface waters, simplifies permit issuance procedures, and makes clarifying amendments for improved understanding of regulatory provisions and permit processes. Amendments being considered will provide clarity in provisions related to coverage expiration, transition, and continuation; correct citations and typographical errors; update forms and reference documents; and clarify administrative procedures. Specifically, the board is considering amendments related to transitioning between the expiring general permit and the next consecutive general permit. The general permit covers the construction and maintenance of development activities and to activities directly associated with aggregate mining hard rock and mineral mining and surface coal, natural gas, and coalbed methane gas mining as authorized by the Virginia Department of Energy.

In addition, pursuant to § 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 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; § 401 of the Clean Water Act (33 USC § 1251 et seq.).

Public Comment Deadline: November 20, 2024.

Agency Contact: Dave Davis, Office of Wetland and Stream Protection, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 698-4105, or email vwppublicnotices@deq.virginia.gov.

TITLE 16. LABOR AND EMPLOYMENT

DEPARTMENT OF LABOR AND INDUSTRY

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 Labor and Industry intends to consider promulgating 16VAC15-70, Local Government Union Requirements and Employee Protections. The purpose of the proposed action is to permit counties, cities, and towns to adopt local ordinances authorizing them to (i) recognize any labor union or other employee association as a bargaining agent of any public officers or employees, except for Constitutional officers and employees, and including public school employees, and (ii) collectively bargain or enter into any collective bargaining contract with any such union or association or its agents with respect to any matter relating to the association or the employment of its members. This action is required pursuant to Chapter 1209 of the 2022 Acts of Assembly.

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

Statutory Authority: §§ 40.1-2.1 and 40.1-57.2 of the Code of Virginia.

Public Comment Deadline: November 20, 2024.

Agency Contact: Cristin Bernhardt, Regulatory Coordinator, Hearing Legal Services Office, Department of Labor and Industry, 6606 West Broad Street, Suite 500, Richmond, VA 23230, telephone (804) 786-2392, or email cristin.bernhardt@doli.virginia.gov.