DEPARTMENT OF ENVIRONMENTAL QUALITY

Notice of Opportunity to Serve on a Regulatory Advisory Panel Concerning Permit Regulations for Renewable Energy Facilities (Offshore Wind)

Purpose of Notice: The Department of Environmental Quality announces the establishment of a Regulatory Advisory Panel (panel) to assist the department in developing a regulation for offshore wind renewable energy projects to implement Chapters 808 and 854 of the 2009 Acts of Assembly. The department is seeking persons interested in serving on the panel.

Deadline for submittal of requests: April 15, 2010.

Background: During the 2009 legislative session, the Virginia General Assembly passed House Bill 2175/Senate Bill 1347 (Chapters 808 and 854 of the 2009 Acts of Assembly), which require the department to develop regulations establishing one or more permits by rule necessary for the construction and operation of small renewable energy projects, including such conditions and standards necessary to protect the Commonwealth's natural resources.

Purpose of panel: The department is establishing this panel to review the subject legislation and make recommendations to the department on how to implement the provisions concerning coastal and offshore wind projects. It is anticipated that discussion topics will include how the department might address potential environmental impacts, including analysis of impacts, mitigation plans, facility site planning, public participation, permit fees, interagency consultations, enforcement and compliance, and other topics that may be brought up during the public comment period. The department is also publishing a Notice of Intended Regulatory Action to begin the rulemaking process to implement this legislation with regard to offshore wind energy projects. The panel established in response to this notice will be used to assist the department in the development of regulations to establish the offshore wind energy permit by rule or amendments to the offshore wind energy permit by rule. Members of the original panel on wind energy projects are invited to notify the department if they wish to participate in this offshore wind energy panel, and other interested parties are also encouraged to request to serve on this offshore wind energy panel.

Contact for additional information or submittal of requests to serve on the panel: Carol C. Wampler, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, email carol.wampler@deq.virginia.gov, telephone (804) 698-4579.

Notice of Opportunity to Serve on a Regulatory Advisory Panel Concerning Permit Regulations for Renewable Energy Facilities (Solar)

Purpose of notice: The Department of Environmental Quality announces the establishment of a Regulatory Advisory Panel (panel) to assist the department in developing a regulation to implement Chapters 808 and 854 of the 2009 Acts of Assembly for solar renewable energy projects. The department is seeking persons interested in serving on the panel.

Deadline for submittal of requests: April 15, 2010.

Background: During the 2009 legislative session, the Virginia General Assembly passed House Bill 2175/Senate Bill 1347 (Chapters 808 and 854 of the 2009 Acts of Assembly), which require the department to develop regulations establishing one or more permits by rule necessary for the construction and operation of small renewable energy projects, including such conditions and standards necessary to protect the Commonwealth's natural resources. The permit by rule for solar energy shall be effective as soon as practicable, but not later than July 1, 2012.

Purpose of panel: The department is establishing this panel to review the subject legislation and make recommendations to the department on how to implement the provisions for solar projects. It is anticipated that discussion topics will include how the department might address potential environmental impacts and whether these potential impacts warrant protection under a permit by rule. If so, then discussion will encompass analysis of impacts, mitigation plans, facility site planning, public participation, permit fees, interagency consultations, enforcement and compliance, and other topics that may be brought up during the public comment period. The department is also publishing a Notice of Intended Regulatory Action to begin the rulemaking process to implement this legislation with regard to solar energy projects. The panel established in response to this notice will be the panel used to assist the department in the development of the solar energy permit by rule regulation. Members of the panel on wind energy projects are invited to notify the department if they wish to participate in this solar energy panel, and other interested parties are also encouraged to request to serve on the solar energy panel.

Contact for additional information or submittal of requests to serve on the panel: Carol C. Wampler, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, email carol.wampler@deq.virginia.gov, telephone (804) 698-4579.

Proposed Consent Special Order for Evergreen Country Club, Inc.

An enforcement action has been proposed for Evergreen Country Club, Inc. for alleged violations in Prince William County at the Evergreen Country Club Sewage Treatment Plant. The consent order describes a settlement to resolve permit effluent violations at the Evergreen Country Club Sewage Treatment Plant. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Daniel Burstein will accept comments by email to daniel.burstein@deq.virginia.gov, FAX to (703) 583-3821, or postal mail to Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from March 30, 2010, to April 29, 2010.

Proposed Consent Special Order for Fairfax County School Board

An enforcement action has been proposed for Fairfax County School Board for alleged violations in Fairfax County at the Gunston Elementary School Sewage Treatment Plant. The consent order describes a settlement to resolve permit effluent violations at the Gunston Elementary School Sewage Treatment Plant. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Daniel Burstein will accept comments by email to daniel.burstein@deq.virginia.gov, FAX to (703) 583-3821, or postal mail to Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from March 30, 2010, to April 29, 2010.

DEPARTMENT OF FORENSIC SCIENCE

Approved Marijuana Field Tests

In accordance with the Regulations for the Approval of Marijuana Field Tests for Detection of Marijuana Plant Material (6VAC40-50) and under the authority of the Code of Virginia the following marijuana field tests for detection of marijuana plant material are approved field tests:

STATE LOTTERY DEPARTMENT

Director's Order

The following Director's Order of the State Lottery Department was filed with the Virginia Registrar of Regulations on March 15, 2010. The order may be viewed at the State Lottery Department, 900 East Main Street, Richmond, V A, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, VA.

Final Rules for Game Operation:

Director's Order Number Thirty-Two (10)

Virginia Lottery's "Richmond International Raceway Spring Nascar Sprint Cup Series Race Sweepstakes" Final Rules for Game Operation (effective 3/15/10)

VIRGINIA CODE COMMISSION

Notice to State Agencies

Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed

Beginning with Volume 26, Issue 1 of the Virginia Register of Regulations dated September 14, 2009, the Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed will no longer be published in the Virginia Register of Regulations. The cumulative table may be accessed on the Virginia Register Online webpage at http://register.dls.virginia.gov/cumultab.htm.

Filing Material for Publication in the Virginia Register of Regulations

Agencies are required to use the Regulation Information System (RIS) when filing regulations for publication in the Virginia Register of Regulations. The Office of the Virginia Register of Regulations implemented a web-based application called RIS for filing regulations and related items for publication in the Virginia Register. The Registrar's office has worked closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.

The Office of the Virginia Register is working toward the eventual elimination of the requirement that agencies file print copies of regulatory packages. Until that time, agencies may file petitions for rulemaking, notices of intended regulatory actions and general notices in electronic form only; however, until further notice, agencies must continue to file print copies of proposed, final, fast-track and emergency regulatory packages.

ERRATA

DEPARTMENT OF CONSERVATION AND RECREATION

Title of Regulation: 4VAC5-30. Virginia State Parks Regulations.

Publication: 26:11 VA.R. 1481 February 1, 2010.

Correction to Final Regulation:

Page 1481, 4VAC5-30-380, line 5, after which, delete "is" and insert "it"

VA.R. Doc. No. R10-1568; Filed March 8, 2010, 9:12 a.m.

STATE BOARD OF EDUCATION

Title of Regulation: 8VAC20-81. Regulations Governing Special Education Programs for Children with Disabilities in Virginia.

Publication: 25:16 VA.R. 2872-2968 April 13, 2009 and 26:8 VA.R. 939-988 December 21, 2009.

Correction to Final Regulations:

25:16 VA.R. 2872-2968 April 13, 2009

Page 2954, 8VAC20-81-220, subdivision B 2 c, line 2, change "1 a or 1 b" to "2 a or 2 b"

Page 2954, 8VAC20-81-220, subdivision B 2 d, line 5, change "1 a or 1 b" to "2 a or 2 b"

26:8 VA.R. 939-988 December 21, 2009

Page 985, 8VAC20-81-220, subdivision B 2 c, lines 1 and 2, change "1 a or 1 b" to "2 a or 2 b"

Page 985, 8VAC20-81-220, subdivision B 2 d, line 4, change "1 a or 1 b" to "2 a or 2 b"

VA.R. Doc. Nos. R07-95 and R10-2239; Filed March 10, 2010, 11:12 a.m.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Title of Regulation: 12VAC30-30. Groups Covered and Agencies Responsible for Eligibility Determination.

Publication: 26:14 VA.R. 2254 March 15, 2010.

Correction to Final Regulation:

Page 2254, 12VAC30-30-10, subdivision 14, last paragraph, line 11, change "§ 619(a)" to "§ 1619(a)"

VA.R. Doc. No. R10-2301

STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Title of Regulation: 12VAC35-115. Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services.

Publication: 26:13 VA.R. 2067 March 1, 2010.

Correction to Petitions for Rulemaking:

Page 2067, 12VAC35-115, change "VA.R. Doc. No. R10-40" to "VA.R. Doc. No. R10-30"

STATE CORPORATION COMMISSION

Title of Regulation: 14VAC5-370. Rules Governing Group Self-Insurers of Liability under the Virginia Workers' Compensation Act (amending 14VAC5-370-10 through 14VAC5-370-150, 14VAC5-370-170, 14VAC5-370-180; adding 14VAC5-370-145).

Publication: 26:14 VA.R. 2256-2271 March 15, 2010.

Correction to Final Regulation:

Page 2266, 14VAC5-370-40, subsection C, line 2 after "and 14VAC5-370-40" strike "of"

VA.R. Doc. Nos. R10-2060; Filed March 15, 2010, 5:59 p.m.