GENERAL NOTICES/ERRATA
DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES
Notice of Periodic Review
Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for Aging and Rehabilitative Services is conducting a periodic review of:
22VAC30-20, Provision of Vocational Rehabilitation Services
22VAC30-30, Provision of Independent Living Rehabilitation Services
22VAC30-60, Grants to Area Agencies on Aging
22VAC30-70, The Virginia Public Guardian and Conservator Program
The purpose of this review is to determine whether each regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to each regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.
The comment period begins December 3, 2012, and ends on December 24, 2012.
Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Vanessa S. Rakestraw, Ph.D., CRC, Regulatory Coordinator, Department for Aging and Rehabilitative Services, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7612, FAX (804) 662-7663, or email vanessa.rakestraw@dars.virginia.gov.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Regulatory Reform - Public Comment Opportunity
Purpose of notice: To seek public comment on regulations of the Department of Environmental Quality (DEQ), State Air Pollution Control Board, State Water Control Board, and Virginia Waste Management Board that should be amended or repealed.
Public comment period: November 8, 2012, to December 10, 2012
Description: On October 22, 2012, Governor McDonnell announced the Regulatory Reform Initiative. As part of that initiative the Governor charged regulatory agencies to conduct a review of regulations currently in place and to repeal or amend regulations that are unnecessary or no longer in use and reduce unnecessary regulatory burdens on individuals, businesses, and other regulated groups. In response, the Department of Environmental Quality is currently reviewing all regulations of the department and the three regulatory boards and is seeking input from the public on regulations that should be considered for repeal or amendment based on the Governor's criteria.
How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period.
Contact Information: Cindy Berndt, Regulatory Coordinator, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4378, FAX (804) 698-4346, TDD (804) 698-4021, or email cindy.berndt@deq.virginia.gov.
Notice of Public Meeting and Public Comment for Several Total Maximum Daily Load Studies in Waters in Northampton and Accomack Counties
The Virginia Department of Environmental Quality (DEQ) will host a public meeting on water quality studies for Red Bank Creek and a portion of Machipongo River located in Northampton and Accomack Counties on Thursday, December 13, 2012.
The meeting will start at 6:30 p.m. at the Northampton Free Library located at 7745 Seaside Road, Nassawadox, VA 23413. The purpose of the meeting is to provide information and discuss the study with community members and local government.
Red Bank Creek (Enterococci, E.coli, fecal coliform, dissolved oxygen) and Machipongo River (Enterococci) were identified in Virginia's 2010 Water Quality Assessment & Integrated Report as impaired due to violations of the state's water quality standards for recreation bacteria, dissolved oxygen, and shellfish consumption bacteria and do not support the Designated Uses. The Red Bank Creek watershed includes both riverine and tidal portions of the creek. The Machipongo River watershed only includes the area of the stream covered from the end of tidal waters downstream to 0.5 mile south of Route 182.
Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report and subsequent Water Quality Assessment Reports.
During the study, DEQ will develop a Total Maximum Daily Load (TMDL) for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL amount. The Virginia Departments of Environmental Quality, Conservation and Recreation, and Health are working to identify the sources of pollution in the watersheds of these streams. Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.
The public comment period on materials presented at this meeting will extend from December 14, 2012, to January 14, 2013. For additional information or to submit comments, contact Jennifer Howell, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone (757) 518-2111, or email jennifer.howell@deq.virginia.gov.
BOARD OF NURSING
Notice of Periodic Review
Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Nursing is conducting a periodic review of:
18VAC90-30, Regulations Governing the Licensure of Nurse Practitioners
18VAC90-40, Regulations for Prescriptive Authority for Nurse Practitioners
The review is part of the Governor's Regulatory Reform Project with the goal of:
a. Repealing regulations that are unnecessary or no longer in use;
b. Reducing unnecessary regulatory burdens on individuals, businesses, and other regulated groups; and
c. Identifying statutes that require unnecessary or overly burdensome regulations.
Further, the board is seeking comment on whether each regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to each regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.
The comment period begins November 28, 2012, and ends December 28, 2012. Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, FAX (804) 527-4434, or email elaine.yeatts@dhp.virginia.gov.
Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.
STATE BOARD OF SOCIAL SERVICES
Notice of Periodic Review
Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services is conducting a periodic review of:
22VAC40-100, Minimum Standards for Licensed Child Caring Institutions
22VAC40-141, Licensing Standards for Independent Foster Homes
22VAC40-705, Child Protective Services
The review of each regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia.
The purpose of this review is to determine whether each regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to each regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.
The comment period begins December 3, 2012, and ends December 24, 2012.
Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Sharon Lindsay, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7167, FAX (804) 726-7132, or email sharon.lindsay@dss.virginia.gov.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.
STATE WATER CONTROL BOARD
Notice of Periodic Review
Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2.-4017 of the Code of Virginia, the Department of Environmental Quality, on behalf of the State Water Control Board, will conduct a periodic review of 9VAC25-200, Water Withdrawal Reporting.
The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia.
The purpose of this review is to determine whether this regulation should be terminated, amended, or retained in its current form. The department and the board are seeking public comments on the review of any issue relating to the regulation including whether (i) the regulation is effective in achieving its goals; (ii) the regulation is essential to protect the health, safety, or welfare of citizens or for the economical performance of important governmental functions; (iii) there are available alternatives for achieving the purpose of the regulation; (iv) there are less burdensome and less intrusive alternatives for achieving the purpose of the regulation; and (v) the regulation is clearly written and easily understandable by the affected persons. In addition, the department and the board are seeking public comments on ways to minimize the economic impact on small businesses in a manner consistent with the purpose of the regulation. The purpose of this regulation is to document the amount of water withdrawn from surface and ground water resources by requiring withdrawers to annually report their withdrawals. Information received assists with efficiently planning for water supply needs of the citizens by identifying areas where water withdrawals can cause significant impact on the local water supply sources. The information is also used as input for water quantity models used in issuing water withdrawal permits. This regulation is designed to protect public health and welfare with the least possible costs and intrusiveness to the citizens and businesses of the Commonwealth and to provide the necessary procedures and rules by which the statute may be administered.
The comment period begins December 3, 2012, and ends December 28, 2012.
Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Tammy D. Stephenson, Program Coordinator, Office of Water Supply, Department of Environmental Quality, 3019 Peters Creek Road, Roanoke, VA 24019, telephone (540) 562-6828, FAX (540) 562-6725, or email tammy.stephenson@deq.virginia.gov.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.
Proposed Consent Order for the Town of Craigsville
An enforcement action has been proposed for the Town of Craigsville for violations in Augusta County. A proposed consent order amendment describes a settlement to resolve consent order violations at the Craigsville 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. Steven W. Hetrick will accept comments by email at steven.hetrick@deq.virginia.gov, FAX (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 22801, from December 17, 2012, to January 16, 2013.
Proposed Consent Order for County of Culpeper
An enforcement action has been proposed for the County of Culpeper for violations of the State Water Control Law and regulations in Culpeper County. The State Water Control Board proposes to issue a consent order to the County of Culpeper to resolve violations at the Greens Corner Wastewater 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 at daniel.burstein@deq.virginia.gov, FAX (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from December 4, 2012, through January 3, 2013.
Proposed Consent Special Order for Howard Hughes Medical Institute
An enforcement action has been proposed for Howard Hughes Medical Institute for violations of the State Water Control Law and regulations in Loudoun County associated with the Janelia Farm Research Campus. The consent order describes a settlement to resolve violations associated with the mowing of a compensatory wetland creation site. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Stephanie Bellotti will accept comments by email at stephanie.bellotti@deq.virginia.gov, FAX (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from December 4, 2012, through January 3, 2013.
Proposed Consent Special Order for Clyde W. Hudgins Jr. and Mary Alice Hudgins
An enforcement action has been proposed for Clyde W. Hudgins Jr. and Mary Alice Hudgins for alleged violations at 178 Khyber Pass Trail, Mathews County, VA. The State Water Control Board proposes to issue a consent special order to Clyde W. Hudgins Jr. and Mary Alice Hudgins to address noncompliance with State Water Control Board law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Gina Pisoni will accept comments by email at gina.pisoni@deq.virginia.gov, FAX (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from December 3, 2012, to January 5, 2013.
Proposed Consent Special Order for Nutri-Blend, Inc.
An enforcement action has been proposed for Nutri-Blend, Inc., for alleged violations regarding a release of biosolids by a dump trailer onto State Route 711 in Powhatan County, VA. The State Water Control Board proposes to issue a consent special order to Nutri-Blend, Inc., to address noncompliance with State Water Control Board law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Gina Pisoni will accept comments by email at gina.pisoni@deq.virginia.gov, FAX (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from December 3, 2012, to January 4, 2013.
Proposed Consent Special Order for Rogers-Chenault, Inc.
An enforcement action has been proposed for Rogers-Chenault, Inc., for alleged violations that occurred at the Hunton Station Subdivision, in Henrico County, VA. The State Water Control Board proposes to issue a consent special order to Rogers-Chenault, Inc., to address noncompliance with State Water Control Board law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Cynthia Akers will accept comments by email at cynthia.akers@deq.virginia.gov, FAX (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from December 3, 2012, to January 2, 2013.
VIRGINIA CODE COMMISSION
Notice to State Agencies
Contact Information: Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; FAX (804) 692-0625; Email: varegs@dls.virginia.gov.
Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at http://www.virginia.gov/cmsportal3/cgi-bin/calendar.cgi.
Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/cumultab.htm.
Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works 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.