NOTICES OF INTENDED REGULATORY ACTION
Vol. 27 Iss. 13 - February 28, 2011

TITLE 2. AGRICULTURE
Rules and Regulations Governing the Operation of Livestock Markets.
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 Agriculture and Consumer Services intends to consider amending the following regulation: 2VAC5-60, Rules and Regulations Governing the Operation of Livestock Markets. The purpose of the proposed action is to provide updated language with respect to disease eradication efforts and animal disease traceability.

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

Statutory Authority: §§ 3.2-6002 and 3.2-6004 of the Code of Virginia.

Public Comment Deadline: March 30, 2011.

Agency Contact: Dr. Charles C. Broaddus, Program Manager, Office of Veterinary Services, Department of Agriculture and Consumer Services, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-2483, FAX (804) 371-2380, TTY (800) 828-1120, or email charles.broaddus@vdacs.virginia.gov.

VA.R. Doc. No. R11-2716; Filed February 9, 2011, 2:48 p.m.
TITLE 2. AGRICULTURE
Rules and Regulations Governing the Recordkeeping by Virginia Cattle Dealers for the Control or Eradication of Brucellosis of Cattle.
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 Agriculture and Consumer Services intends to consider amending the following regulation: 2VAC5-120, Rules and Regulations Governing the Recordkeeping By Virginia Cattle Dealers for the Control or Eradication of Brucellosis of Cattle. The purpose of the proposed action is to update language with respect to disease eradication efforts and animal disease traceability.

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

Statutory Authority: § 3.2-6004 of the Code of Virginia.

Public Comment Deadline: March 30, 2011.

Agency Contact: Dr. Charles C. Broaddus, Program Manager, Office of Veterinary Services, Department of Agriculture and Consumer Services, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-2483, FAX (804) 371-2380, TTY (800) 828-1120, or email charles.broaddus@vdacs.virginia.gov.

VA.R. Doc. No. R11-2717; Filed February 7, 2011, 11:11 a.m.
TITLE 9. ENVIRONMENT
Small Renewable Energy Projects (Combustion) Permit by Rule 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 Environmental Quality intends to consider promulgating the following regulation: 9VAC15-70, Small Renewable Energy Projects (Combustion) Permit by Rule Regulation. The purpose of the proposed action is to implement 2009 legislation requiring the Department of Environmental Quality (DEQ) to develop one or more permits-by-rule for combustion energy projects with rated capacity not exceeding 20 megawatts. In this regulatory action, DEQ will determine what requirements, if any, must be met for small combustion renewable energy projects; that is, projects generating electricity from biomass, energy from waste, or municipal solid waste.

Regulatory Panel: The department plans to use a Regulatory Advisory Panel (RAP) to help develop a proposal. Persons interested in assisting in the development of a proposal should notify the agency contact by March 15, 2011, and provide their name, address, phone number, email address, and the organization they represent (if any). The primary function of the panel will be to develop recommended regulation provisions for DEQ consideration through the collaborative approach of regulatory negotiation and consensus. The Director of DEQ will select RAP members from the list of persons who have expressed interest in serving. Multiple applications from a single company, organization, group, or other entity count as one for purposes of making the decision specified in the preceding sentence. Notification of the composition of the panel will be sent to all applicants.

Note: The first meeting of the Combustion Regulatory Advisory Panel will be held on Tuesday, April 12, 2011, at 9:30 a.m. at DEQ's Piedmont Regional Office, 4949-A Cox Road, Glen Allen, Virginia 23060.

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

Statutory Authority: § 10.1-1197.6 of the Code of Virginia.

Public Comment Deadline: March 30, 2011.

Agency Contact: Carol C. Wampler, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4579, FAX (804) 698-4346, or email carol.wampler@deq.virginia.gov.

VA.R. Doc. No. R11-2707; Filed February 7, 2011, 10:07 a.m.
TITLE 9. ENVIRONMENT
Coal Combustion Byproduct Regulations
Withdrawal of Notice of Intended Regulatory Action

Notice is hereby given that the Virginia Waste Management Board has WITHDRAWN the Notice of Intended Regulatory Action for 9VAC20-85, Coal Combustion Byproduct Regulations, that was published in 25:20 VA.R. 3474 June 8, 2009. This action was withdrawn due to the length of time that has passed since the Notice of Intended Regulatory Action was originally issued and because of rulemaking at the federal level that will impact the regulation of coal combustion residuals.

Agency Contact: Melissa S. Porterfield, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4346, or email msporterfield@deq.virginia.gov.

VA.R. Doc. No. R09-1912; Filed February 7, 2011, 4:24 p.m.
TITLE 12. HEALTH
Regulations for the Sanitary Control of the Picking, Packing and Marketing of Crab Meat for Human Consumption
Withdrawal of Notice of Intended Regulatory Action

Notice is hereby given that the State Board of Health has WITHDRAWN the Notice of Intended Regulatory Action for 12VAC5-160, Regulations for the Sanitary Control of the Picking, Packing and Marketing of Crab Meat for Human Consumption, and 12VAC5-165, Regulations for the Repacking of Crab Meat, which was published in 24:20 VA.R. 2835 June 9, 2008.

Agency Contact: Bob Croonenberghs, Ph.D., Director, Shellfish Sanitation, Department of Health, 109 Governor Street, Richmond, VA 23219, or email bob.croonenberghs@vdh.virginia.gov.

VA.R. Doc. No. R08-1338; Filed February 11, 2011, 10:24 a.m.
TITLE 12. HEALTH
Regulations for the Repacking of Crabmeat.
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 Health intends to consider amending the following regulation: 12VAC5-165, Regulations for the Repacking of Crabmeat. The regulations pertain to the practice of transferring crab meat from the container of one establishment, as the term is defined in § 28.2-800 in the Code of Virginia, into the container of an establishment certified by the Division of Shellfish Sanitation to repack crab meat. These regulations were developed in 2000 to address a situation where one Virginia-certified crab meat dealer would purchase crab meat packed by another certified crab meat dealer, whether of a domestic or foreign origin, and repack the meat into a container. Most crab meat shipped into the United States now originates from a multitude of different processing facilities but is shipped in one cargo container by one exporter to the U.S. The one-on-one relationship between the original processing plant and the Virginia-certified dealer no longer exists in most instances. Several of the requirements that depended upon this relationship cannot be reliably met. The State Board of Health seeks to revise the regulations to reflect this change in order to assure the safety of crab meat repacked in Virginia.

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

Statutory Authority: § 28.2-801 of the Code of Virginia.

Public Comment Deadline: March 30, 2011.

Agency Contact: Bob Croonenberghs, Ph.D., Department of Health, 109 Governor St., Richmond, VA 23219, telephone (804) 864-7477, FAX (804) 864-7481, or email bob.croonenberghs@vdh.virginia.gov.

VA.R. Doc. No. R11-2705; Filed February 2, 2011, 10:37 a.m.
TITLE 12. HEALTH
Regulations for the Repacking of Crab Meat
Withdrawal of Notice of Intended Regulatory Action

Notice is hereby given that the State Board of Health has WITHDRAWN the Notice of Intended Regulatory Action for 12VAC5-160, Regulations for the Sanitary Control of the Picking, Packing and Marketing of Crab Meat for Human Consumption, and 12VAC5-165, Regulations for the Repacking of Crab Meat, which was published in 24:20 VA.R. 2835 June 9, 2008.

Agency Contact: Bob Croonenberghs, Ph.D., Director, Shellfish Sanitation, Department of Health, 109 Governor Street, Richmond, VA 23219, or email bob.croonenberghs@vdh.virginia.gov.

VA.R. Doc. No. R08-1338; Filed February 11, 2011, 10:24 a.m.
TITLE 12. HEALTH
Regulations for Summer Camps.
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 Health intends to consider amending the following regulation: 12VAC5-440, Regulations for Summer Camps. The purpose of the proposed action is to revise outdated regulations to reflect current industry standards and repeal any sections that are no longer necessary and replace those sections with other regulations.

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

Statutory Authority: §§ 35.1-11 and 35.1-16 of the Code of Virginia.

Public Comment Deadline: March 30, 2011.

Agency Contact: Gary Hagy, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7455, FAX (804) 864-7475, TTY (800) 828-1120, or email gary.hagy@vdh.virginia.gov.

VA.R. Doc. No. R11-2711; Filed February 2, 2011, 10:37 a.m.
TITLE 12. HEALTH
Regulations Governing tourist Establishment Swimming Pools and other Public Pools.
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 Health intends to consider amending the following regulation: 12VAC5-460, Regulations Governing Tourist Establishment Swimming Pools and Other Public Pools. The purpose of the proposed action is to revise the regulations, which have not been amended since 1962, to bring them up to date with technology and accepted swimming pool design. Several of the sections of the regulations are likely in conflict with the Virginia Uniform Statewide Building Code and, as such, the board intends to delete them. The board seeks to thoroughly amend and eliminate unnecessary provisions of the regulations; in doing so, the board will seek participation from the swimming pool industry and the Department of Housing and Community Development.

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

Statutory Authority: § 35.1-11 of the Code of Virginia.

Public Comment Deadline: March 30, 2011.

Agency Contact: Gary Hagy, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7455, FAX (804) 864-7475, TTY (800) 828-1120, or email gary.hagy@vdh.virginia.gov.

VA.R. Doc. No. R11-2712; Filed February 3, 2011, 9:58 a.m.
TITLE 12. HEALTH
Swimming Pool Regulations Governing the Posting of Water Quality Results.
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 Health intends to consider amending the following regulation: 12VAC5-462, Swimming Pool Regulations Governing the Posting of Water Quality Results. The State Board of Health adopted the regulations in 1994, but the board has not amended them since. Currently, the water quality posting requirements in the regulations are applicable to only public swimming pools. These planned regulatory actions will amend the regulations to require compliance with the water quality test results posting requirements for other water recreational facilities open to the public where there is body contact with the recirculation of water, such as spray facilities, fountains, etc.

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

Statutory Authority: § 32.1-248.1 of the Code of Virginia.

Public Comment Deadline: March 30, 2011.

Agency Contact: Gary Hagy, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7455, FAX (804) 864-7475, TTY (800) 828-1120, or email gary.hagy@vdh.virginia.gov.

VA.R. Doc. No. R11-1631; Filed February 3, 2011, 9:59 a.m.
TITLE 12. HEALTH
Commonwealth of Virginia Sanitary Regulations for Marinas and Boat Moorings.
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 Health intends to consider amending the following regulation: 12VAC5-570, Commonwealth of Virginia Sanitary Regulations for Marinas and Boat Moorings. In response to the evolving marina industry in Virginia, the State Board of Health intends to revise and amend the regulation in an effort to improve boater accommodations and to ensure that boaters will have a place to dispose of sewage in a sanitary matter so as not to present a public health or environmental hazard resulting in a degradation of water quality.

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

Statutory Authority: § 32.1-246 of the Code of Virginia.

Public Comment Deadline: March 30, 2011.

Agency Contact: Preston Smith, Manager, Marina Programs, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7468, FAX (804) 864-7475, or email preston.smith@vdh.virginia.gov.

VA.R. Doc. No. R11-2688; Filed February 2, 2011, 10:36 a.m.
TITLE 12. HEALTH
Alternative Discharging Sewage Treatment Regulations for Individual Single Family Dwellings.
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 Health intends to consider amending the following regulation: 12VAC5-640, Alternative Discharging Sewage Treatment Regulations for Individual Single Family Dwellings. The regulations apply to all alternative discharging sewage treatment systems constructed and operated to serve an individual single family dwelling with flows less than or equal to 1,000 gallons per day on a yearly average. These regulations operate in conjunction with the Virginia Department of Environmental Quality's (DEQ) General Permit for Sewage Discharges Less Than or Equal to 1,000 Gallons Per Day (9VAC25-110). The State Board of Health's regulations provide details on applications, construction standards and monitoring requirements, as well as administrative procedures for hearings, variances, etc. The board has not updated these regulations since July 30, 1992. The technological and regulatory landscape has changed considerably since that time. The board is seeking to revise the regulations to reflect technological changes in the field, incorporate numerous policy documents, and consider impacts to the Chesapeake Bay total maximum daily load.

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

Statutory Authority: § 32.1-164 of the Code of Virginia.

Public Comment Deadline: March 30, 2011.

Agency Contact: Marcia Degen, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 387-1883, FAX (804) 864-7475, or email marcia.degen@vdh.virginia.gov.

VA.R. Doc. No. R11-2735; Filed February 3, 2011, 9:57 a.m.