Vol. 27 Iss. 18 - May 09, 2011



Initial Agency Notice

Title of Regulation: 2VAC20-51. Regulations Governing Pesticide Applicator Certification Under Authority of Virginia Pesticide Control Act.

Statutory Authority: § 3.2-3906 of the Code of Virginia.

Name of Petitioner: Robert Taylor.

Nature of Petitioner's Request: The petitioner is requesting that the Pesticide Control Board exempt cotton boll weevil trappers working under the auspices of the Virginia Department of Agriculture and Consumer Services from having to hold or obtain pesticide applicator or registered technician certification.

Agency's Plan for Disposition of Request: The Pesticide Control Board will consider this request at its next quarterly meeting following the public comment period.

Public Comment Deadline: May 30, 2011.

Agency Contact: Liza Fleeson, Program Manager, Office of Pesticide Services, Department of Agriculture and Consumer Services, Oliver Hill Building, 102 Governor Street, Richmond, VA 23219, telephone (804) 371-6559, or email

VA.R. Doc. No. R11-30; Filed April 14, 2011, 8:45 a.m.

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Agency Decision

Titles of Regulations: 9VAC5-40. Existing Stationary Sources.

9VAC5-50. New and Modified Stationary Sources.

Statutory Authority: § 10.1-1308 of the Code of Virginia.

Name of Petitioner: Southern Appalachia Mountain Stewards and the Sierra Club.

Nature of Petitioner's Request: The Southern Appalachia Mountain Stewards and the Sierra Club petitioned the State Air Pollution Control Board to amend the fugitive dust emissions standards for existing and new and modified stationary sources. The petitioners requested that additional language be added to the fugitive dust standards to clarify what is meant by "reasonable precautions" and that the fugitive dust standard provide additional examples of reasonable precautions specific to the type of activities that contributed to the documented dust problem in Roda. Further, the petitioners stated that the proposed amendments would strengthen and clarify the fugitive dust standard without imposing significant burdens on regulators or on the facilities subject to the regulations.

The specific requested amendments are identical for both Chapter 40 and Chapter 50. The text follows, and the requested amendments are the addition of the second sentence in the first paragraph and the addition of numbered items 6, 7, and 8:

No owner or other person shall cause or permit any materials or property to be handled, transported, stored, used, constructed, altered, repaired, or demolished without taking reasonable precautions to prevent particulate matter from becoming airborne. In determining what is reasonable, consideration will be given to factors such as the proximity of dust emitting operations to human habitations and/or activities, and to atmospheric conditions which might affect the movement of particulate matter. Such reasonable precautions may include, but are not limited to, the following:

1. Use, where possible, of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations, the grading of roads or the clearing of land;

2. Application of asphalt, water, or suitable chemicals on dirt roads, materials stockpiles and other surfaces which may create airborne dust; the paving of roadways and the maintaining of them in a clean condition;

3. Installation and use of hoods, fans and fabric filters to enclose and vent the handling of dusty materials. Adequate containment methods shall be employed during sandblasting or other similar operations;

4. Open equipment for conveying or transporting materials likely to create objectionable air pollution when airborne shall be covered, or treated in an equally effective manner at all times when in motion;

5. The prompt removal of spilled or tracked dirt or other materials from paved streets and of dried sediments resulting from soil erosion;

6. The use of water to wash the wheels, undercarriage, and other parts of every vehicle that hauls coal or other materials before or immediately after the vehicle leaves a dusty, dirty, or muddy surface, including but not limited to haul roads at a mining or processing facility;

7. Cleaning the empty bed and/or any other part of a vehicle that had recent contact with material capable of emitting dust; and

8. Installation and use of rumble strips, speed bumps, or other devices designed to reduce vehicle speed and to dislodge mud and other materials from tires and vehicle bodies before vehicles enter public roads.

Agency Decision: Request denied.

Statement of Reason for Decision: Based on the board book material, staff presentation, public comments and board discussions, the board, on a motion by Mr. Rives, unanimously voted to deny the petition for rulemaking and requested that the director, or his designee, issue a guidance document regarding fugitive dust generated by coal mining, processing, handling or transportation activities that incorporates the following concepts:

1. Notes the lead role of the Department of Mines, Mineral and Energy and the existence of the Department of Mines, Mineral and Energy/Department of Environmental Quality Memorandum of Agreement.

2. That if, in the opinion of the Department of Environmental Quality, reasonable precautions were not being taken and the resulting conditions cause or contribute to the endangerment of human health and the Department of Mines, Minerals and Energy does not take enforcement action, the Department of Environmental Quality would consider doing so pursuant to the existing regulations.

3. That, when determining appropriate reasonable precautions, the Department of Environmental Quality will consider the potential impact on human health, i.e., proximity of the fugitive dust release to human habitation and activities.

4. That reasonable precautions to minimize the amount of coal dust and other dust becoming airborne may include washing down loaded trucks before they leave the mine and rinsing out the beds of emptied trucks and installation of rumble strips or similar devices to remove material from wheels and undercarriages before leaving a permitted site.

5. That street sweeping or other measures to remove accumulated fugitive dust from public roadways may also be a reasonable precaution when necessary to prevent the dust from becoming airborne or re-entrained into the atmosphere.

Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or email

VA.R. Doc. No. R10-27; Filed April 20, 2011, 8:50 a.m.

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Initial Agency Notice

Title of Regulation: 18VAC140-20. Regulations Governing the Practice of Social Work.

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Name of Petitioner: MSW II Students of Norfolk State University.

Nature of Petitioner's Request: To include a grandfather clause for educational requirements for a licensed clinical social worker. Students matriculating on or before May 7, 2011, have met the educational requirements detailed in the January 7, 2010, regulations, which were in place at the beginning of the Advanced Year of clinical study. All students who began or finished their advanced year of clinical course work at an accredited school of social work prior to March 2, 2011, should be eligible to apply for licensure supervision.

Agency's Plan for Disposition of Request: The board will discuss whether the request could be accomplished by a change in regulation at its meeting on June 24, 2011, at 9960 Mayland Drive, 2nd Floor Conference Center, Richmond, VA.

Public Comment Deadline: May 30, 2011.

Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, or email

VA.R. Doc. No. R11-31; Filed April 7, 2011, 10:12 a.m.