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VOL
VOL. 36 ISS. 12 PUBLISHED EVERY OTHER WEEK BY THE VIRGINIA CODE COMMISSION FEBRUARY 3, 2020
Virginia Code Commission http://register.dls.virginia.gov
THE VIRGINIA REGISTER OF REGULATIONS (USPS 001-831) is published biweekly for $263.00 per year by Matthew Bender &
Company, Inc., 3 Lear Jet Lane, Suite 102, P.O. Box 1710, Latham, NY 12110. Periodical postage is paid at Easton, MD and at additional
mailing offices. POSTMASTER: Send address changes to The Virginia Register of Regulations, 4810 Williamsburg Road, Unit 2, Hurlock,
MD 21643.
TABLE OF CONTENTS
Register Information Page ......................................................................................................................................... 1417
Publication Schedule and Deadlines ....................................................................................................................... 1418
Periodic Reviews and Small Business Impact Reviews ................................................................................... 1419
Notices of Intended Regulatory Action ................................................................................................................. 1421
Regulations ....................................................................................................................................................................... 1424
9VAC5-20. General Provisions (Rev. E19) (Final) ............................................................................................................... 1424 9VAC5-20. General Provisions (Rev. C19) (Final) ............................................................................................................... 1429 9VAC5-30. Ambient Air Quality Standards (Rev. C19) (Final) ............................................................................................ 1429 9VAC5-151. Regulation for Transportation Conformity (Rev. C19) (Final) ........................................................................ 1429 9VAC5-160. Regulation for General Conformity (Rev. C19) (Final) ................................................................................... 1429 9VAC5-50. New and Modified Stationary Sources (Rev. D19) (Final) ................................................................................ 1436 9VAC5-60. Hazardous Air Pollutant Sources (Rev. D19) (Final) ......................................................................................... 1436 9VAC5-80. Permits for Stationary Sources (Rev. B19) (Final) ............................................................................................. 1437 9VAC25-390. Water Resources Policy (Final) ...................................................................................................................... 1450 9VAC25-401. Sewage Treatment in the Dulles Area Watershed (Final) .............................................................................. 1451 13VAC5-31. Virginia Amusement Device Regulations (Proposed) ...................................................................................... 1452 13VAC5-51. Virginia Statewide Fire Prevention Code (Proposed) ....................................................................................... 1457 13VAC5-63. Virginia Uniform Statewide Building Code (Proposed) ................................................................................... 1581 13VAC5-91. Virginia Industrialized Building Safety Regulations (Proposed) ..................................................................... 1747 14VAC5-235. Rules Governing Health Insurance Balance Billing (Reproposed) ................................................................ 1750 18VAC65-30. Regulations for Preneed Funeral Planning (Proposed) ................................................................................... 1753 18VAC90-40. Regulations for Prescriptive Authority for Nurse Practitioners (Final) .......................................................... 1766 18VAC105-20. Regulations Governing the Practice of Optometry (Final) ........................................................................... 1768 18VAC110-20. Regulations Governing the Practice of Pharmacy (Proposed) ...................................................................... 1770 18VAC112-20. Regulations Governing the Practice of Physical Therapy (Proposed) .......................................................... 1773 18VAC115-20. Regulations Governing the Practice of Professional Counseling (Final) ..................................................... 1782 18VAC115-50. Regulations Governing the Practice of Marriage and Family Therapy (Final) ............................................ 1782 18VAC115-60. Regulations Governing the Practice of Licensed Substance Abuse Treatment Practitioners (Final) ........... 1782 20VAC5-200. Public Utility Accounting (Proposed) ............................................................................................................ 1783 20VAC5-300. Energy Regulation; In General (Proposed) ..................................................................................................... 1783 20VAC5-306. Standards for Integrated Resource Planning and Investments in Conservation and
Demand Management for Natural Gas (Proposed) ............................................................................................................ 1783 20VAC5-311. Interim Rules Governing Electric and Natural Gas Retail Access Pilot Programs (Proposed) ...................... 1783 20VAC5-317. Rates for Standby Service Furnished to Certain Renewable Cogeneration Facilities
Pursuant to § 56-235.1:1 of the Code of Virginia (Proposed) ............................................................................................ 1784 20VAC5-320. Regulations Governing Transfer of Transmission Assets to Regional Transmission Entities (Proposed) ..... 1784
http://register.dls.virginia.gov/http://register.dls.virginia.gov/
Table of Contents
Governor ........................................................................................................................................................................... 1804
Guidance Documents .................................................................................................................................................... 1809
General Notices/Errata ................................................................................................................................................ 1810
VIRGINIA REGISTER INFORMATION PAGE
Volume 36, Issue 12 Virginia Register of Regulations February 3, 2020
1417
REGISTER INFORMATION PAGE
THE VIRGINIA REGISTER OF REGULATIONS is an official state
publication issued every other week throughout the year. Indexes are
published quarterly, and are cumulative for the year. The Virginia
Register has several functions. The new and amended sections of
regulations, both as proposed and as finally adopted, are required by law
to be published in the Virginia Register. In addition, the Virginia
Register is a source of other information about state government,
including petitions for rulemaking, emergency regulations, executive
orders issued by the Governor, and notices of public hearings on
regulations.
ADOPTION, AMENDMENT, AND REPEAL OF REGULATIONS
An agency wishing to adopt, amend, or repeal regulations must first
publish in the Virginia Register a notice of intended regulatory action; a
basis, purpose, substance and issues statement; an economic impact
analysis prepared by the Department of Planning and Budget; the
agency’s response to the economic impact analysis; a summary; a notice
giving the public an opportunity to comment on the proposal; and the
text of the proposed regulation.
Following publication of the proposal in the Virginia Register, the
promulgating agency receives public comments for a minimum of 60
days. The Governor reviews the proposed regulation to determine if it is
necessary to protect the public health, safety and welfare, and if it is
clearly written and easily understandable. If the Governor chooses to
comment on the proposed regulation, his comments must be transmitted
to the agency and the Registrar no later than 15 days following the
completion of the 60-day public comment period. The Governor’s
comments, if any, will be published in the Virginia Register. Not less
than 15 days following the completion of the 60-day public comment
period, the agency may adopt the proposed regulation.
The Joint Commission on Administrative Rules (JCAR) or the
appropriate standing committee of each house of the General Assembly
may meet during the promulgation or final adoption process and file an
objection with the Registrar and the promulgating agency. The objection
will be published in the Virginia Register. Within 21 days after receipt
by the agency of a legislative objection, the agency shall file a response
with the Registrar, the objecting legislative body, and the Governor.
When final action is taken, the agency again publishes the text of the
regulation as adopted, highlighting all changes made to the proposed
regulation and explaining any substantial changes made since
publication of the proposal. A 30-day final adoption period begins upon
final publication in the Virginia Register.
The Governor may review the final regulation during this time and, if he
objects, forward his objection to the Registrar and the agency. In
addition to or in lieu of filing a formal objection, the Governor may
suspend the effective date of a portion or all of a regulation until the end
of the next regular General Assembly session by issuing a directive
signed by a majority of the members of the appropriate legislative body
and the Governor. The Governor’s objection or suspension of the
regulation, or both, will be published in the Virginia Register. If the
Governor finds that changes made to the proposed regulation have
substantial impact, he may require the agency to provide an additional
30-day public comment period on the changes. Notice of the additional
public comment period required by the Governor will be published in the
Virginia Register.
The agency shall suspend the regulatory process for 30 days when it
receives requests from 25 or more individuals to solicit additional public
comment, unless the agency determines that the changes have minor or
inconsequential impact.
A regulation becomes effective at the conclusion of the 30-day final
adoption period, or at any other later date specified by the promulgating
agency, unless (i) a legislative objection has been filed, in which event
the regulation, unless withdrawn, becomes effective on the date
specified, which shall be after the expiration of the 21-day objection
period; (ii) the Governor exercises his authority to require the agency to
provide for additional public comment, in which event the regulation,
unless withdrawn, becomes effective on the date specified, which shall
be after the expiration of the period for which the Governor has provided
for additional public comment; (iii) the Governor and the General
Assembly exercise their authority to suspend the effective date of a
regulation until the end of the next regular legislative session; or (iv) the
agency suspends the regulatory process, in which event the regulation,
unless withdrawn, becomes effective on the date specified, which shall
be after the expiration of the 30-day public comment period and no
earlier than 15 days from publication of the readopted action.
A regulatory action may be withdrawn by the promulgating agency at
any time before the regulation becomes final.
FAST-TRACK RULEMAKING PROCESS
Section 2.2-4012.1 of the Code of Virginia provides an exemption from
certain provisions of the Administrative Process Act for agency
regulations deemed by the Governor to be noncontroversial. To use this
process, Governor's concurrence is required and advance notice must be
provided to certain legislative committees. Fast-track regulations will
become effective on the date noted in the regulatory action if no
objections to using the process are filed in accordance with § 2.2-4012.1.
EMERGENCY REGULATIONS
Pursuant to § 2.2-4011 of the Code of Virginia, an agency, upon
consultation with the Attorney General, and at the discretion of the
Governor, may adopt emergency regulations that are necessitated by an
emergency situation. An agency may also adopt an emergency
regulation when Virginia statutory law or the appropriation act or federal
law or federal regulation requires that a regulation be effective in 280
days or less from its enactment. The emergency regulation becomes operative upon its adoption and filing with the Registrar of Regulations,
unless a later date is specified. Emergency regulations are limited to no
more than 18 months in duration; however, may be extended for six
months under certain circumstances as provided for in § 2.2-4011 D.
Emergency regulations are published as soon as possible in the Register.
During the time the emergency status is in effect, the agency may
proceed with the adoption of permanent regulations through the usual
procedures. To begin promulgating the replacement regulation, the
agency must (i) file the Notice of Intended Regulatory Action with the
Registrar within 60 days of the effective date of the emergency
regulation and (ii) file the proposed regulation with the Registrar within
180 days of the effective date of the emergency regulation. If the agency
chooses not to adopt the regulations, the emergency status ends when the
prescribed time limit expires.
STATEMENT
The foregoing constitutes a generalized statement of the procedures to be
followed. For specific statutory language, it is suggested that Article 2
(§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia be
examined carefully.
CITATION TO THE VIRGINIA REGISTER
The Virginia Register is cited by volume, issue, page number, and date.
34:8 VA.R. 763-832 December 11, 2017, refers to Volume 34, Issue 8,
pages 763 through 832 of the Virginia Register issued on
December 11, 2017.
The Virginia Register of Regulations is published pursuant to Article 6
(§ 2.2-4031 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia.
Members of the Virginia Code Commission: John S. Edwards, Chair;
James A. "Jay" Leftwich, Vice Chair; Ryan T. McDougle;
Nicole Cheuk; Rita Davis; Leslie L. Lilley; Thomas M. Moncure,
Jr.; Christopher R. Nolen; Charles S. Sharp; Samuel T. Towell;
Malfourd W. Trumbo.
Staff of the Virginia Register: Karen Perrine, Registrar of Regulations;
Anne Bloomsburg, Assistant Registrar; Nikki Clemons, Regulations
Analyst; Rhonda Dyer, Publications Assistant; Terri Edwards, Senior
Operations Staff Assistant.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+2.2-4011
PUBLICATION SCHEDULE AND DEADLINES
This schedule is available on the Virginia Register of Regulations website (http://register.dls.virginia.gov).
Volume 36, Issue 12 Virginia Register of Regulations February 3, 2020
1418
PUBLICATION SCHEDULE AND DEADLINES
February 2020 through December 2020
Volume: Issue Material Submitted By Noon* Will Be Published On
36:14 February 12. 2020 March 2, 2020
36:15 February 26, 2020 March 16, 2020
36:16 March 11, 2020 March 30, 2020
36:17 March 25, 2020 April 13, 2020
36:18 April 8, 2020 April 27, 2020
36:19 April 22. 2020 May 11, 2020
36:20 May 6, 2020 May 25, 2020
36:21 May 20, 2020 June 8, 2020
36:22 June 3, 2020 June 22, 2020
36:23 June 17, 2020 July 6, 2020
36:24 July 1, 2020 July 20, 2020
36:25 July 15, 2020 August 3, 2020
36:26 July 29, 2020 August 17, 2020
37:1 August 12, 2020 August 31, 2020
37:2 August 26, 2020 September 14, 2020
37:3 September 9, 2020 September 28, 2020
37:4 September 23, 2020 October 12, 2020
37:5 October 7, 2020 October 26, 2020
37:6 October 21, 2020 November 9, 2020
37:7 November 4, 2020 November 23, 2020
37:8 November 16, 2020 (Monday) December 7, 2020
37:9 December 2, 2020 December 21, 2020
*Filing deadlines are Wednesdays unless otherwise specified.
PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
Volume 36, Issue 12 Virginia Register of Regulations February 3, 2020
1419
PERIODIC REVIEWS AND SMALL BUSINESS IMPACT REVIEWS
TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the State
Water Control Board conducted a small business impact
review of 9VAC25-390, Water Resources Policy, and
determined that this regulation should be amended.
The final regulatory action to amend 9VAC25-390, which is
published in this issue of the Virginia Register, serves as the
report of findings.
Agency Contact: Melissa Porterfield, Department of
Environmental Quality, 1111 East Main Street, Suite 1400,
P.O. Box 1105, Richmond, VA 23218, telephone (803) 698-
4238, or email [email protected].
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the State
Water Control Board conducted a small business impact
review of 9VAC25-401, Sewage Treatment in the Dulles
Area Watershed, and determined that this regulation should
be amended.
The final regulatory action to amend 9VAC25-401, which is
published in this issue of the Virginia Register, serves as the
report of findings.
Agency Contact: Melissa Porterfield, Department of
Environmental Quality, 1111 East Main Street, Suite 1400,
P.O. Box 1105, Richmond, VA 23218, telephone (803) 698-
4238, or email [email protected].
Agency Notice
Pursuant to Executive Order 14 (as amended July 16, 2018)
and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia,
9VAC25-820, General Virginia Pollutant Discharge
Elimination System (VPDES) Watershed Permit
Regulation for Total Nitrogen and Total Phosphorus
Discharges and Nutrient Trading in the Chesapeake Bay
Watershed in Virginia, is undergoing a periodic review. The
review of the regulation will be guided by the principles in
Executive Order 14 (as amended July 16, 2018).
The Notice of Intended Regulatory Action for 9VAC25-820,
which is published in this issue of the Virginia Register,
serves as the announcement of the periodic review.
Agency Contact: Emilee Adamson, Department of
Environmental Quality, 1111 East Main Street, Suite 1400,
P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-
4355, FAX (804) 698-4032, or email
––––––––––––––––––
TITLE 13. HOUSING
BOARD OF HOUSING AND COMMUNITY DEVELOPMENT
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board
of Housing and Community Development conducted a small
business impact review of 13VAC5-31, Virginia
Amusement Device Regulations, and determined that this
regulation should be amended.
The proposed regulatory action to amend 13VAC5-31, which
is published in this issue of the Virginia Register, serves as
the report of findings.
Agency Contact: Kyle Flanders, Senior Policy Analyst,
Department of Housing and Community Development, Main
Street Centre, 600 East Main Street, Suite 300, Richmond,
VA 23219, telephone (804) 786-6761, FAX (804) 371-7090,
TTY (804) 371-7089, or email
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board
of Housing and Community Development conducted a small
business impact review of 13VAC5-51, Virginia Statewide
Fire Prevention Code, and determined that this regulation
should be amended.
The proposed regulatory action to amend 13VAC5-51, which
is published in this issue of the Virginia Register, serves as
the report of findings.
Agency Contact: Kyle Flanders, Senior Policy Analyst,
Department of Housing and Community Development, Main
Street Centre, 600 East Main Street, Suite 300, Richmond,
VA 23219, telephone (804) 786-6761, FAX (804) 371-7090,
TTY (804) 371-7089, or email
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board
of Housing and Community Development conducted a small
business impact review of 13VAC5-63, Virginia Uniform
Statewide Building Code, and determined that this
regulation should be amended.
The proposed regulatory action to amend 13VAC5-63, which
is published in this issue of the Virginia Register, serves as
the report of findings.
Agency Contact: Kyle Flanders, Senior Policy Analyst,
Department of Housing and Community Development, Main
Street Centre, 600 East Main Street, Suite 300, Richmond,
VA 23219, telephone (804) 786-6761, FAX (804) 371-7090,
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]
Periodic Reviews and Small Business Impact Reviews
Volume 36, Issue 12 Virginia Register of Regulations February 3, 2020
1420
TTY (804) 371-7089, or email
Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board
of Housing and Community Development conducted a small
business impact review of 13VAC5-91, Virginia
Industrialized Building Safety Regulations, and determined
that this regulation should be amended.
The proposed regulatory action to amend 13VAC5-91, which
is published in this issue of the Virginia Register, serves as
the report of findings.
Agency Contact: Kyle Flanders, Senior Policy Analyst,
Department of Housing and Community Development, Main
Street Centre, 600 East Main Street, Suite 300, Richmond,
VA 23219, telephone (804) 786-6761, FAX (804) 371-7090,
TTY (804) 371-7089, or email
––––––––––––––––––
TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
Agency Notice
Pursuant to Executive Order 14 (as amended July 16, 2018)
and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia,
22VAC40-131, Standards for Licensed Child-Placing
Agencies, is undergoing a periodic review. The review of the
regulation will be guided by the principles in Executive Order
14 (as amended July 16, 2018).
The Notice of Intended Regulatory Action for 22VAC40-131,
which is published in this issue of the Virginia Register,
serves as the announcement of the periodic review.
Agency Contact: Tammy Trestrail, Department of Social
Services, 801 East Main Street, Richmond, VA 23219,
telephone (804) 726-7132, or email
Agency Notice
Pursuant to Executive Order 14 (as amended July 16, 2018)
and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia,
22VAC40-151, Standards for Licensed Children's
Residential Facilities, is undergoing a periodic review. The
review of the regulation will be guided by the principles in
Executive Order 14 (as amended July 16, 2018).
The Notice of Intended Regulatory Action for 22VAC40-151,
which is published in this issue of the Virginia Register,
serves as the announcement of the periodic review.
Agency Contact: Tammy Trestrail, Department of Social
Services, 801 East Main Street, Richmond, VA 23219,
telephone (804) 726-7132, or email
mailto:[email protected]:[email protected]:[email protected]:[email protected]
NOTICES OF INTENDED REGULATORY ACTION
Volume 36, Issue 12 Virginia Register of Regulations February 3, 2020
1421
NOTICES OF INTENDED REGULATORY ACTION
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 9VAC25-820, General
Virginia Pollutant Discharge Elimination System
(VPDES) Watershed Permit Regulation for Total
Nitrogen and Total Phosphorus Discharges and Nutrient
Trading in the Chesapeake Bay Watershed in Virginia.
The purpose of the proposed action is to amend and reissue
the existing general permit that expires on December 31,
2021. The general permit governs facilities holding individual
VPDES permits that discharge or propose to discharge total
nitrogen or total phosphorus to the Chesapeake Bay or its
tributaries. The facilities are authorized to discharge to
surface waters and exchange credits for total nitrogen or total
phosphorus. The permit must be reissued to continue making
the permit available after December 31, 2021.
In addition, this regulation will undergo a periodic review
pursuant to Executive Order 14 (as amended July 16, 2018)
and a small business impact review pursuant to § 2.2-4007.1
of the Code of Virginia 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 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 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.
Public Comment Deadline: March 4, 2020.
Agency Contact: Emilee Adamson, Department of
Environmental Quality, 1111 East Main Street, Suite 1400,
P.O. Box 1105, Richmond, VA 23218, telephone (804)
698-4355, FAX (804) 698-4032, or email
VA.R. Doc. No. R20-6288; Filed January 15, 2020, 9:43 a.m.
––––––––––––––––––
TITLE 12. HEALTH
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Withdrawal of 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 Medical
Assistance Services has WITHDRAWN the Notice of
Intended Regulatory Action (NOIRA) for 12VAC30-60,
Standards Established and Methods Used to Assure High
Quality Care, which was published in 35:6 VA.R. 956
November 12, 2018.
The NOIRA is unnecessary as the agency is proceeding with
this regulatory action through the fast-track rulemaking
process under § 2.2-4012.1 of the Code of Virginia. The fast-
track rulemaking action was published in 36:6 VA.R. 845-
847 November 11, 2019.
Statutory Authority: § 32.1-325 of the Code of Virginia;
42 USC § 1396 et seq.
Agency Contact: Emily McClellan, Regulatory Supervisor,
Policy Division, Department of Medical Assistance Services,
600 East Broad Street, Suite 1300, Richmond, VA 23219,
telephone (804) 371-4300, FAX (804) 786-1680, or email
VA.R. Doc. No. R19-5371; Filed January 7, 2020, 1:20 p.m.
––––––––––––––––––
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF NURSING
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 Nursing intends to
consider amending 18VAC90-27, Regulations for Nursing
Education Programs. The purpose of the proposed action is
to adopt definitions and qualifications for the use of
simulation in lieu of direct client care hours in fulfillment of
the clinical hour requirements for nursing education
programs. Proposed amendments (i) define terms, (ii) require
faculty supervising clinical practice by simulation to have
knowledge and skills in the methodology, (iii) clarify that the
50% limitation on the number of clinical hours that can be
fulfilled by simulation applies to the hours in different
specialties and population groups across the life span, and (iv)
require knowledgeable faculty to be present during the
simulation experience.
mailto:[email protected]://register.dls.virginia.gov/vol35/iss06/v35i06.pdfhttp://register.dls.virginia.gov/vol35/iss06/v35i06.pdfhttp://register.dls.virginia.gov/vol36/iss06/v36i06.pdfhttp://register.dls.virginia.gov/vol36/iss06/v36i06.pdfmailto:[email protected]
Notices of Intended Regulatory Action
Volume 36, Issue 12 Virginia Register of Regulations February 3, 2020
1422
The agency intends to hold a public hearing on the proposed
action after publication in the Virginia Register.
Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code
of Virginia.
Public Comment Deadline: March 4, 2020.
Agency Contact: Jay P. Douglas, R.N., Executive Director,
Board of Nursing, 9960 Mayland Drive, Suite 300,
Richmond, VA 23233, telephone (804) 367-4520, FAX (804)
527-4455, or email [email protected].
VA.R. Doc. No. R20-5531; Filed January 7, 2020, 7:14 p.m.
––––––––––––––––––
TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
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 Social Services
intends to consider amending 22VAC40-131, Standards for
Licensed Child-Placing Agencies. The purpose of the
proposed action is to align the regulation with federal and
state law and regulation, including the federal Foster
Connections to Success and Increasing Adoptions Act of
2008, Preventing Sex Trafficking and Strengthening Families
Act of 2014, and Family First Prevention Services Act of
2018; Chapters 282, 297, 446, and 688 of the 2019 Acts of
Assembly; and Permanency Services-Prevention, Foster Care,
Adoption and Independent Living (22VAC40-201) and Foster
and Adoptive Home Approval Standards for Local
Departments of Social Services (22VAC40-211).
The proposed action will add definitions, clarify
requirements, and provide technical edits and any other
changes deemed necessary after public comment and review.
Proposed substantive amendments include (i) guidelines for
foster and adoptive parents to make reasonable and prudent
parenting decisions for children in their care; (ii)
requirements to provide children and youth in foster care
normal life experiences comparable to children and youth
who are not in foster care; (iii) delegation of parental and
legal custodial powers of children; (iv) service planning and
family reunification; (v) treatment-based placement option for
children in foster care with behavioral and emotional needs;
(vi) prevention of shaken baby syndrome; (vii) updated
training requirements for licensed child agency staff and
foster and adoptive parents to include reasonable and prudent
parenting and normalcy for children and youth in foster care;
(viii) foster and adoptive parent mandatory child abuse and
neglect reporting requirements; (ix) foster care services for
youth released from the Virginia Department of Juvenile
Justice who were in foster care immediately prior to
commitment; (x) requirements to expand independent living
services for eligible youth 18 to 21 years of age; (xi)
provision of documents to a child leaving foster care upon
reaching 18 years of age; (xii) medical and dental
examinations for children in foster care; (xiii) medication
management; (xiv) an updated program statement and
description requirements; (xv) social history requirements for
children younger than one year of age; (xvi) removal of the
term "resource" and phrase "resource parent"; (xvii) records
management; and (xviii) Fostering Futures Program services
for youth who were in foster care on their 18th birthday
through 21 years of age.
In addition, this regulation will undergo a periodic review
pursuant to Executive Order 14 (as amended July 16, 2018)
and a small business impact review pursuant to § 2.2-4007.1
of the Code of Virginia 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 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 agency does not intend to hold a public hearing on the
proposed action after publication in the Virginia Register.
Statutory Authority: §§ 63.2-217, 63.2-1701, and 63.2-1734
of the Code of Virginia.
Public Comment Deadline: March 4, 2020.
Agency Contact: Tammy Trestrail, Department of Social
Services, 801 East Main Street, Richmond, VA 23219,
telephone (804) 726-7132, or email
VA.R. Doc. No. R20-6138; Filed January 8, 2020, 1:40 p.m.
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 Social Services
intends to consider amending 22VAC40-151, Standards for
Licensed Children's Residential Facilities. The purpose of
the proposed action is to align the regulation with the state
and the federal Foster Connections to Success and Increasing
Adoptions Act of 2008, Preventing Sex Trafficking and
Strengthening Families Act of 2014, and the Family First
Prevention Services Act of 2018 and update the regulation.
Proposed amendments include (i) establishing standards and
training for normalcy and reasonable and prudent parenting
for children in foster care; (ii) updating annual training
requirements; (iii) adding training requirements that cover
topics such as shaken baby syndrome and behavioral
interventions for infants and toddlers residing with their
parents; (iv) updating relief staff requirements; (v) adding a
Notices of Intended Regulatory Action
Volume 36, Issue 12 Virginia Register of Regulations February 3, 2020
1423
requirement to review and update the behavior support plan;
(vi) clarifying fire inspection requirements; (vii) updating and
clarifying responsibilities to ensure educational needs of
children are met; (viii) adding a requirement that religious
participation policies be provided to children and individuals
or agencies prior to admission to the facility; and (ix) adding
definitions, clarifying language, and making technical edits
necessary for clarification of existing requirements and any
other changes deemed necessary after public comment and
review.
In addition, this regulation will undergo a periodic review
pursuant to Executive Order 14 (as amended July 16, 2018)
and a small business impact review pursuant to § 2.2-4007.1
of the Code of Virginia 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 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 agency does not intend to hold a public hearing on the
proposed action after publication in the Virginia Register.
Statutory Authority: §§ 63.2-217 and 63.2-1737 of the Code
of Virginia.
Public Comment Deadline: March 4, 2020.
Agency Contact: Tammy Trestrail, Department of Social
Services, 801 East Main Street, Richmond, VA 23219,
telephone (804) 726-7132, or email
VA.R. Doc. No. R20-6139; Filed January 8, 2020, 1:40 p.m.
––––––––––––––––––
TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM
Notice of Intended Regulatory Action
Notice is hereby given in accordance with § 2.2-4007.01 of
the Code of Virginia that the Commission on the Virginia
Alcohol Safety Action Program intends to consider amending
24VAC35-60, Ignition Interlock Program Regulations.
The primary purpose of the proposed action is to amend the
regulations to incorporate the use of global positioning
system technology to more effectively detect and prosecute
ignition interlock circumvention cases. Other proposed
amendments include (i) adding conditions under which an
ignition interlock service provider or technician may be
decertified for cause; (ii) bringing the decertification appeal
process into compliance with the Administrative Process Act;
and (iii) making other minor changes with regard to ignition
interlock device operation, installation, and calibration.
The agency does not intend to hold a public hearing on the
proposed action after publication in the Virginia Register.
Statutory Authority: § 18.2 -270.2 of the Code of Virginia.
Public Comment Deadline: March 4, 2020.
Agency Contact: Richard Foy, Field Service Specialist,
Commission on the Virginia Alcohol Safety Action Program,
701 East Franklin Street, Suite 1110, Richmond, VA 23219,
telephone (804) 786-5895, or email [email protected].
VA.R. Doc. No. R20-6270; Filed January 13, 2020, 3:39 p.m.
REGULATIONS
For information concerning the different types of regulations, see the Information Page.
Symbol Key Roman type indicates existing text of regulations. Underscored language indicates proposed new text.
Language that has been stricken indicates proposed text for deletion. Brackets are used in final regulations to indicate changes from the proposed regulation.
Volume 36, Issue 12 Virginia Register of Regulations February 3, 2020
1424
REGULATIONS
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Final Regulation
REGISTRAR'S NOTICE: The State Air Pollution Control
Board is claiming an exemption from Article 2 of the
Administrative Process Act in accordance with § 2.2-4006
A 3, which excludes regulations that consist only of changes
in style or form or corrections of technical errors. The State
Air Pollution Control Board will receive, consider, and
respond to petitions by any interested person at any time with
respect to reconsideration or revision.
Title of Regulation: 9VAC5-20. General Provisions (Rev.
E19) (amending 9VAC5-20-21).
Statutory Authority: § 10.1-1308 of the Code of Virginia;
§§ 108, 109, 110, and 182 of the Clean Air Act; 40 CFR Parts
50, 53, and 58.
Effective Date: March 4, 2020.
Agency Contact: Karen G. Sabasteanski, Department of
Environmental Quality, 1111 East Main Street, Suite 1400,
P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-
4426, FAX (804) 698-4510, or email
Background: Section 10.1-1307.03 of the Code of Virginia
requires that the State Air Pollution Control Board adopt
regulations to implement and enforce the requirements of
§ 328 of the federal Clean Air Act relating to requirements to
control air pollution from Outer Continental Shelf sources
located offshore of the Commonwealth. The regulations may
not differ materially from the regulations promulgated by the
U.S. Environmental Protection Agency (EPA) in
implementing § 328 of the Clean Air Act (40 CFR Part 55).
Accordingly, 9VAC5-20-21 (Documents Incorporated by
Reference) was amended to add 40 CFR Part 55.
Subsequently, EPA informed the department that three
specific sections of 40 CFR Part 55, that is, § 55.5
(Corresponding onshore area designation), § 55.11
(Delegation), and § 55.12 (Consistency Updates), were not
delegable to the states. 40 CFR 55.11(a) states that the
authority to implement and enforce those provisions will not
be delegated by EPA.
Summary:
The amendment clarifies that 40 CFR §§ 55.5, 55.11, and
55.12 are not incorporated by reference into 9VAC5-20 by
adding the sections as exceptions to the incorporation of
40 CFR Part 55.
9VAC5-20-21. Documents incorporated by reference.
A. The Administrative Process Act and Virginia Register
Act provide that state regulations may incorporate documents
by reference. Throughout these regulations, documents of the
types specified below have been incorporated by reference.
1. United States Code.
2. Code of Virginia.
3. Code of Federal Regulations.
4. Federal Register.
5. Technical and scientific reference documents.
Additional information on key federal regulations and
nonstatutory documents incorporated by reference and their
availability may be found in subsection E of this section.
B. Any reference in these regulations to any provision of the
Code of Federal Regulations (CFR) shall be considered as the
adoption by reference of that provision. The specific version
of the provision adopted by reference shall be that contained
in the CFR (2016) in effect July 1, 2016. For the purposes of
Article 43.1 (9VAC5-40-5925 et seq.) of 9VAC5-40
(Existing Stationary Sources), the EPA regulations
promulgated at Subpart Cf (40 CFR 60.30f et seq., Emission
Guidelines and Compliance Times for Municipal Solid Waste
Landfills) of 40 CFR Part 60, as published in the Federal
Register of August 29, 2016 (81 FR 59276) and effective on
October 28, 2016, is the version incorporated by reference
into this article and Article 43.1. In making reference to the
Code of Federal Regulations, 40 CFR Part 35 means Part 35
of Title 40 of the Code of Federal Regulations; 40 CFR 35.20
means § 35.20 in Part 35 of Title 40 of the Code of Federal
Regulations.
C. Failure to include in this section any document referenced
in the regulations shall not invalidate the applicability of the
referenced document.
D. Copies of materials incorporated by reference in this
section may be examined by the public at the central office of
the Department of Environmental Quality, 1111 East Main
Street, Suite 1400, Richmond, Virginia, between 8:30 a.m.
and 4:30 p.m. of each business day.
E. Information on federal regulations and nonstatutory
documents incorporated by reference and their availability
may be found below in this subsection.
mailto:[email protected]
Regulations
Volume 36, Issue 12 Virginia Register of Regulations February 3, 2020
1425
1. Code of Federal Regulations.
a. The provisions specified below from the Code of
Federal Regulations (CFR) are incorporated herein by
reference.
(1) 40 CFR Part 50 -- National Primary and Secondary
Ambient Air Quality Standards.
(a) Appendix A-1 -- Reference Measurement Principle
and Calibration Procedure for the Measurement of Sulfur
Dioxide in the Atmosphere (Ultraviolet Fluorescence
Method).
(b) Appendix A-2 -- Reference Method for the
Determination of Sulfur Dioxide in the Atmosphere
(Pararosaniline Method).
(c) Appendix B -- Reference Method for the
Determination of Suspended Particulate Matter in the
Atmosphere (High-Volume Method).
(d) Appendix C -- Measurement Principle and
Calibration Procedure for the Continuous Measurement
of Carbon Monoxide in the Atmosphere (Non-Dispersive
Infrared Photometry).
(e) Appendix D -- Measurement Principle and
Calibration Procedure for the Measurement of Ozone in
the Atmosphere.
(f) Appendix E -- Reserved.
(g) Appendix F -- Measurement Principle and Calibration
Procedure for the Measurement of Nitrogen Dioxide in
the Atmosphere (Gas Phase Chemiluminescence).
(h) Appendix G -- Reference Method for the
Determination of Lead in Suspended Particulate Matter
Collected from Ambient Air.
(i) Appendix H -- Interpretation of the National Ambient
Air Quality Standards for Ozone.
(j) Appendix I -- Interpretation of the 8-Hour Primary
and Secondary National Ambient Air Quality Standards
for Ozone.
(k) Appendix J -- Reference Method for the
Determination of Particulate Matter as PM10 in the
Atmosphere.
(l) Appendix K -- Interpretation of the National Ambient
Air Quality Standards for Particulate Matter.
(m) Appendix L -- Reference Method for the
Determination of Fine Particulate Matter as PM2.5 in the
Atmosphere.
(n) Appendix M -- Reserved.
(o) Appendix N -- Interpretation of the National Ambient
Air Quality Standards for PM2.5.
(p) Appendix O -- Reference Method for the
Determination of Coarse Particulate Matter as PM in the
Atmosphere.
(q) Appendix P -- Interpretation of the Primary and
Secondary National Ambient Air Quality Standards for
Ozone.
(r) Appendix Q -- Reference Method for the
Determination of Lead in Suspended Particulate Matter
as PM10 Collected from Ambient Air.
(s) Appendix R -- Interpretation of the National Ambient
Air Quality Standards for Lead.
(t) Appendix S -- Interpretation of the Primary National
Ambient Air Quality Standards for Oxides of Nitrogen
(Nitrogen Dioxide).
(u) Appendix T -- Interpretation of the Primary National
Ambient Air Quality Standards for Oxides of Sulfur
(Sulfur Dioxide).
(v) Appendix U -- Interpretation of the Primary and
Secondary National Ambient Air Quality Standards for
Ozone.
(2) 40 CFR Part 51 -- Requirements for Preparation,
Adoption, and Submittal of Implementation Plans.
(a) Appendix M -- Recommended Test Methods for State
Implementation Plans.
(b) Appendix S -- Emission Offset Interpretive Ruling.
(c) Appendix W -- Guideline on Air Quality Models
(Revised).
(d) Appendix Y -- Guidelines for BART Determinations
Under the Regional Haze Rule.
(3) 40 CFR Part 55 -- Outer Continental Shelf Air
Regulations, except for §§ 55.5, 55.11, and 55.12.
(4) 40 CFR Part 58 -- Ambient Air Quality Surveillance.
Appendix A -- Quality Assurance Requirements for
SLAMS, SPMs and PSD Air Monitoring.
(5) 40 CFR Part 59 -- National Volatile Organic
Compound Emission Standards for Consumer and
Commercial Products.
(a) Subpart C -- National Volatile Organic Compound
Emission Standards for Consumer Products.
(b) Subpart D -- National Volatile Organic Compound
Emission Standards for Architectural Coatings, Appendix
A -- Determination of Volatile Matter Content of
Methacrylate Multicomponent Coatings Used as Traffic
Marking Coatings.
(6) 40 CFR Part 60 -- Standards of Performance for New
Stationary Sources.
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Volume 36, Issue 12 Virginia Register of Regulations February 3, 2020
1426
The specific provisions of 40 CFR Part 60 incorporated
by reference are found in Article 5 (9VAC5-50-400 et
seq.) of Part II of 9VAC5-50 (New and Modified
Stationary Sources).
(7) 40 CFR Part 61 -- National Emission Standards for
Hazardous Air Pollutants.
The specific provisions of 40 CFR Part 61 incorporated
by reference are found in Article 1 (9VAC5-60-60 et
seq.) of Part II of 9VAC5-60 (Hazardous Air Pollutant
Sources).
(8) 40 CFR Part 63 -- National Emission Standards for
Hazardous Air Pollutants for Source Categories.
The specific provisions of 40 CFR Part 63 incorporated
by reference are found in Article 2 (9VAC5-60-90 et
seq.) of Part II of 9VAC5-60 (Hazardous Air Pollutant
Sources).
(9) 40 CFR Part 64 -- Compliance Assurance
Monitoring.
(10) 40 CFR Part 72 -- Permits Regulation.
(11) 40 CFR Part 73 -- Sulfur Dioxide Allowance
System.
(12) 40 CFR Part 74 -- Sulfur Dioxide Opt-Ins.
(13) 40 CFR Part 75 -- Continuous Emission Monitoring.
(14) 40 CFR Part 76 -- Acid Rain Nitrogen Oxides
Emission Reduction Program.
(15) 40 CFR Part 77 -- Excess Emissions.
(16) 40 CFR Part 78 -- Appeal Procedures for Acid Rain
Program.
(17) 40 CFR Part 152 Subpart I -- Classification of
Pesticides.
(18) 49 CFR Part 172 -- Hazardous Materials Table.
Special Provisions, Hazardous Materials
Communications, Emergency Response Information, and
Training Requirements, Subpart E, Labeling.
(19) 29 CFR Part 1926 Subpart F -- Fire Protection and
Prevention.
b. Copies may be obtained from Superintendent of
Documents, P.O. Box 371954, Pittsburgh, PA 15250-
7954; telephone (202) 783-3238.
2. U.S. Environmental Protection Agency.
a. The following documents from the U.S. Environmental
Protection Agency are incorporated herein by reference:
(1) Reich Test, Atmospheric Emissions from Sulfuric
Acid Manufacturing Processes, Public Health Service
Publication No. PB82250721, 1980.
(2) Compilation of Air Pollutant Emission Factors (AP-
42). Volume I: Stationary and Area Sources, stock
number 055-000-00500-1, 1995; Supplement A, stock
number 055-000-00551-6, 1996; Supplement B, stock
number 055-000-00565, 1997; Supplement C, stock
number 055-000-00587-7, 1997; Supplement D, 1998;
Supplement E, 1999.
(3) "Guidelines for Determining Capture Efficiency"
(GD-35), Emissions Monitoring and Analysis Division,
Office of Air Quality Planning and Standards, January 9,
1995.
b. Copies of the document identified in subdivision E 2 a
(1) of this section, and Volume I and Supplements A
through C of the document identified in subdivision E 2 a
(2) of this section, may be obtained from U.S.
Department of Commerce, National Technical
Information Service, 5285 Port Royal Road, Springfield,
VA 22161; telephone 1-800-553-6847. Copies of
Supplements D and E of the document identified in
subdivision E 2 a (2) of this section may be obtained
online from EPA's Technology Transfer Network at
http://www.epa.gov/ttn/index.html. Copies of the
document identified in subdivision E 2 a (3) of this
section are only available online from EPA's Technology
Transfer Network at
http://www.epa.gov/ttn/emc/guidlnd.html.
3. United States government.
a. The following document from the United States
government is incorporated herein by reference: Standard
Industrial Classification Manual, 1987 (U.S. Government
Printing Office stock number 041-001-00-314-2).
b. Copies may be obtained from Superintendent of
Documents, P.O. Box 371954, Pittsburgh, PA 15250-
7954; telephone (202) 512-1800.
4. American Society for Testing and Materials (ASTM).
a. The documents specified below from the American
Society for Testing and Materials are incorporated herein
by reference.
(1) D323-99a, "Standard Test Method for Vapor Pressure
of Petroleum Products (Reid Method)."
(2) D97-96a, "Standard Test Method for Pour Point of
Petroleum Products."
(3) D129-00, "Standard Test Method for Sulfur in
Petroleum Products (General Bomb Method)."
(4) D388-99, "Standard Classification of Coals by Rank."
(5) D396-98, "Standard Specification for Fuel Oils."
(6) D975-98b, "Standard Specification for Diesel Fuel
Oils."
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Volume 36, Issue 12 Virginia Register of Regulations February 3, 2020
1427
(7) D1072-90(1999), "Standard Test Method for Total
Sulfur in Fuel Gases."
(8) D1265-97, "Standard Practice for Sampling Liquefied
Petroleum (LP) Gases (Manual Method)."
(9) D2622-98, "Standard Test Method for Sulfur in
Petroleum Products by Wavelength Dispersive X-Ray
Fluorescence Spectrometry."
(10) D4057-95(2000), "Standard Practice for Manual
Sampling of Petroleum and Petroleum Products."
(11) D4294-98, "Standard Test Method for Sulfur in
Petroleum and Petroleum Products by Energy-Dispersive
X-Ray Fluorescence Spectroscopy."
(12) D523-89, "Standard Test Method for Specular
Gloss" (1999).
(13) D1613-02, "Standard Test Method for Acidity in
Volatile Solvents and Chemical Intermediates Used in
Paint, Varnish, Lacquer and Related Products" (2002).
(14) D1640-95, "Standard Test Methods for Drying,
Curing, or Film Formation of Organic Coatings at Room
Temperature" (1999).
(15) E119-00a, "Standard Test Methods for Fire Tests of
Building Construction Materials" (2000).
(16) E84-01, "Standard Test Method for Surface Burning
Characteristics of Building Construction Materials"
(2001).
(17) D4214-98, "Standard Test Methods for Evaluating
the Degree of Chalking of Exterior Paint Films" (1998).
(18) D86-04b, "Standard Test Method for Distillation of
Petroleum Products at Atmospheric Pressure" (2004).
(19) D4359-90, "Standard Test Method for Determining
Whether a Material is a Liquid or a Solid" (reapproved
2000).
(20) E260-96, "Standard Practice for Packed Column
Gas Chromatography" (reapproved 2001).
(21) D3912-95, "Standard Test Method for Chemical
Resistance of Coatings Used in Light-Water Nuclear
Power Plants" (reapproved 2001).
(22) D4082-02, "Standard Test Method for Effects of
Gamma Radiation on Coatings for Use in Light-Water
Nuclear Power Plants."
(23) F852-99, "Standard Specification for Portable
Gasoline Containers for Consumer Use" (reapproved
2006).
(24) F976-02, "Standard Specification for Portable
Kerosine and Diesel Containers for Consumer Use."
(25) D4457-02, "Standard Test Method for
Determination of Dichloromethane and 1,1,1-
Trichloroethane in Paints and Coatings by Direct
Injection into a Gas Chromatograph" (reapproved 2008).
(26) D3792-05, "Standard Test Method for Water
Content of Coatings by Direct Injection Into a Gas
Chromatograph."
(27) D2879-97, "Standard Test Method for Vapor
Pressure-Temperature Relationship and Initial
Decomposition Temperature of Liquids by Isoteniscope"
(reapproved 2007).
b. Copies may be obtained from American Society for
Testing Materials, 100 Barr Harbor Drive, West
Conshohocken, PA 19428-2959; telephone (610)
832-9585.
5. American Petroleum Institute (API).
a. The following document from the American Petroleum
Institute is incorporated herein by reference: Evaporative
Loss from Floating Roof Tanks, API MPMS Chapter 19,
April 1, 1997.
b. Copies may be obtained from American Petroleum
Institute, 1220 L Street, Northwest, Washington, DC
20005; telephone (202) 682-8000.
6. American Conference of Governmental Industrial
Hygienists (ACGIH).
a. The following document from the ACGIH is
incorporated herein by reference: 1991-1992 Threshold
Limit Values for Chemical Substances and Physical
Agents and Biological Exposure Indices (ACGIH
Handbook).
b. Copies may be obtained from ACGIH, 1330 Kemper
Meadow Drive, Suite 600, Cincinnati, OH 45240;
telephone (513) 742-2020.
7. National Fire Prevention Association (NFPA).
a. The documents specified below from the National Fire
Prevention Association are incorporated herein by
reference.
(1) NFPA 385, Standard for Tank Vehicles for
Flammable and Combustible Liquids, 2000 Edition.
(2) NFPA 30, Flammable and Combustible Liquids
Code, 2000 Edition.
(3) NFPA 30A, Code for Motor Fuel Dispensing
Facilities and Repair Garages, 2000 Edition.
b. Copies may be obtained from the National Fire
Prevention Association, One Batterymarch Park, P.O.
Box 9101, Quincy, MA 02269-9101; telephone (617)
770-3000.
Regulations
Volume 36, Issue 12 Virginia Register of Regulations February 3, 2020
1428
8. American Society of Mechanical Engineers (ASME).
a. The documents specified below from the American
Society of Mechanical Engineers are incorporated herein
by reference.
(1) ASME Power Test Codes: Test Code for Steam
Generating Units, Power Test Code 4.1-1964 (R1991).
(2) ASME Interim Supplement 19.5 on Instruments and
Apparatus: Application, Part II of Fluid Meters, 6th
edition (1971).
(3) Standard for the Qualification and Certification of
Resource Recovery Facility Operators, ASME
QRO-1-1994.
b. Copies may be obtained from the American Society of
Mechanical Engineers, Three Park Avenue, New York,
NY 10016; telephone (800) 843-2763.
9. American Hospital Association (AHA).
a. The following document from the American Hospital
Association is incorporated herein by reference: An
Ounce of Prevention: Waste Reduction Strategies for
Health Care Facilities, AHA Catalog no. W5-057007,
1993.
b. Copies may be obtained from American Hospital
Association, One North Franklin, Chicago, IL 60606;
telephone (800) 242-2626.
10. Bay Area Air Quality Management District
(BAAQMD).
a. The following documents from the Bay Area Air
Quality Management District are incorporated herein by
reference:
(1) Method 41, "Determination of Volatile Organic
Compounds in Solvent-Based Coatings and Related
Materials Containing Parachlorobenzotrifluoride"
(December 20, 1995).
(2) Method 43, "Determination of Volatile
Methylsiloxanes in Solvent-Based Coatings, Inks, and
Related Materials" (November 6, 1996).
b. Copies may be obtained from Bay Area Air Quality
Management District, 939 Ellis Street, San Francisco,
CA 94109, telephone (415) 771-6000.
11. South Coast Air Quality Management District
(SCAQMD).
a. The following documents from the South Coast Air
Quality Management District are incorporated herein by
reference:
(1) Method 303-91, "Determination of Exempt
Compounds," in Manual SSMLLABM, "Laboratory
Methods of Analysis for Enforcement Samples" (1996).
(2) Method 318-95, "Determination of Weight Percent
Elemental Metal in Coatings by X-Ray Diffraction," in
Manual SSMLLABM, "Laboratory Methods of Analysis
for Enforcement Samples" (1996).
(3) Rule 1174 Ignition Method Compliance Certification
Protocol (February 28, 1991).
(4) Method 304-91, "Determination of Volatile Organic
Compounds (VOC) in Various Materials," in Manual
SSMLLABM, "Laboratory Methods of Analysis for
Enforcement Samples" (1996).
(5) Method 316A-92, "Determination of Volatile Organic
Compounds (VOC) in Materials Used for Pipes and
Fittings" in Manual SSMLLABM, "Laboratory Methods
of Analysis for Enforcement Samples" (1996).
(6) "General Test Method for Determining Solvent
Losses from Spray Gun Cleaning Systems," October 3,
1989.
b. Copies may be obtained from South Coast Air Quality
Management District, 21865 E. Copley Drive, Diamond
Bar, CA 91765, telephone (909) 396-2000.
12. California Air Resources Board (CARB).
a. The following documents from the California Air
Resources Board are incorporated herein by reference:
(1) Test Method 510, "Automatic Shut-Off Test
Procedure for Spill-Proof Systems and Spill-Proof
Spouts" (July 6, 2000).
(2) Test Method 511, "Automatic Closure Test Procedure
for Spill-Proof Systems and Spill-Proof Spouts" (July 6,
2000).
(3) Method 100, "Procedures for Continuous Gaseous
Emission Stack Sampling" (July 28, 1997).
(4) Test Method 513, "Determination of Permeation Rate
for Spill-Proof Systems" (July 6, 2000).
(5) Method 310, "Determination of Volatile Organic
Compounds (VOC) in Consumer Products and Reactive
Organic Compounds in Aerosol Coating Products
(Including Appendices A and B)" (May 5, 2005).
(6) California Code of Regulations, Title 17, Division 3,
Chapter 1, Subchapter 8.5, Article 1, § 94503.5 (2003).
(7) California Code of Regulations, Title 17, Division 3,
Chapter 1, Subchapter 8.5, Article 2, §§ 94509 and
94511 (2003).
(8) California Code of Regulations, Title 17, Division 3,
Chapter 1, Subchapter 8.5, Article 4, §§ 94540-94555
(2003).
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1429
(9) "Certification Procedure 501 for Portable Fuel
Containers and Spill-Proof Spouts, CP-501" (July 26,
2006).
(10) "Test Procedure for Determining Integrity of Spill-
Proof Spouts and Spill-Proof Systems, TP-501" (July 26,
2006).
(11) "Test Procedure for Determining Diurnal Emissions
from Portable Fuel Containers, TP-502" (July 26, 2006).
b. Copies may be obtained from California Air Resources
Board, P.O. Box 2815, Sacramento, CA 95812,
telephone (906) 322-3260 or (906) 322-2990.
13. American Architectural Manufacturers Association.
a. The following documents from the American
Architectural Manufacturers Association are incorporated
herein by reference:
(1) Voluntary Specification 2604-02, "Performance
Requirements and Test Procedures for High Performance
Organic Coatings on Aluminum Extrusions and Panels"
(2002).
(2) Voluntary Specification 2605-02, "Performance
Requirements and Test Procedures for Superior
Performing Organic Coatings on Aluminum Extrusions
and Panels" (2002).
b. Copies may be obtained from American Architectural
Manufacturers Association, 1827 Walden Office Square,
Suite 550, Schaumburg, IL 60173, telephone (847)
303-5664.
14. American Furniture Manufacturers Association.
a. The following document from the American Furniture
Manufacturers Association is incorporated herein by
reference: Joint Industry Fabrics Standards Committee,
Woven and Knit Residential Upholstery Fabric Standards
and Guidelines (January 2001).
b. Copies may be obtained from American Furniture
Manufacturers Association, P.O. Box HP-7, High Point,
NC 27261; telephone (336) 884-5000.
15. Petroleum Equipment Institute.
a. The following document from the Petroleum
Equipment Institute is incorporated herein by reference:
Recommended Practices for Installation and Testing of
Vapor-Recovery Systems at Vehicle-Fueling Sites,
PEI/RP300-09 (2009).
b. Copies may be obtained from Petroleum Equipment
Institute, 6931 S. 66th E. Avenue, Suite 310, Tulsa, OK
74133; telephone (918) 494-9696; www.pei.org.
16. American Architectural Manufacturers Association
(AAMA).
a. The following documents from the American
Architectural Manufacturers Association are incorporated
herein by reference:
(1) Voluntary Specification, Performance Requirements
and Test Procedures for High Performance Organic
Coatings on Aluminum Extrusions and Panels,
publication number AAMA 2604-05.
(2) Voluntary Specification, Performance Requirements
and Test Procedures for Superior Performing Organic
Coatings on Aluminum Extrusions and Panels,
publication number AAMA 2605-05.
b. Copies may be obtained from American Architectural
Manufacturers Association, 1827 Walden Office Square,
Suite 550, Schaumburg, IL 60173-4268; telephone (847)
303-5774.
VA.R. Doc. No. R20-6223; Filed January 6, 2020, 3:13 p.m.
Final Regulation
REGISTRAR'S NOTICE: The State Air Pollution Control
Board is claiming an exemption from Article 2 of the
Administrative Process Act in accordance with § 2.2-4006 A
4 b of the Code of Virginia, which excludes regulations that
are required by order of any state or federal court of
competent jurisdiction where no agency discretion is
involved. The board is also claiming an exemption in
accordance with § 2.2-4006 A 4 c of the Code of Virginia,
which excludes regulations that are necessary to meet the
requirements of federal law or regulations, provided such
regulations do not differ materially from those required by
federal law or regulation. The State Air Pollution Control
Board will receive, consider, and respond to petitions by any
interested person at any time with respect to reconsideration
or revision.
Titles of Regulations: 9VAC5-20. General Provisions (Rev.
C19) (amending 9VAC5-20-204).
9VAC5-30. Ambient Air Quality Standards (Rev. C19)
(amending 9VAC5-30-55).
9VAC5-151. Regulation for Transportation Conformity
(Rev. C19) (amending 9VAC5-151-20).
9VAC5-160. Regulation for General Conformity (Rev.
C19) (amending 9VAC5-160-30).
Statutory Authority: § 10.1-1308 of the Code of Virginia;
§§ 110 and 182 of the Clean Air Act; 40 CFR Part 51
(9VAC5-20-204, 9VAC5-151-20).
§ 10.1-1308 of the Code of Virginia; §§ 108, 109, 110, 182,
and 302 of the Clean Air Act; 40 CFR Parts 50, 51, 53, and
58 (9VAC5-30-55).
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§ 10.1-1308 of the Code of Virginia; §§ 108, 109, 182, and
302 of the Clean Air Act; 40 CFR Parts 50, 53, and 58
(9VAC5-160-30).
Effective Date: March 4, 2020.
Agency Contact: Karen G. Sabasteanski, Department of
Environmental Quality, 1111 East Main Street, Suite 1400,
P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-
4426, FAX (804) 698-4510, or email
Background: On March 6, 2015 (80 FR 12264), the U.S.
Environmental Protection Agency (EPA) established a final
rule to implement the 2008 ozone National Ambient Air
Quality Standard (NAAQS). This rule addressed a range of
nonattainment area state implementation plan requirements
for the 2008 NAAQS, including how to address the revoked
1997 NAAQS. Under Revision G16, the Virginia rules
(9VAC5-20-204) were amended to call attention to the fact
that the 1997 standard no longer had any effect for the
purposes of ozone implementation. Revocation of the 1997
standard also meant that transportation and general
conformity reviews were no longer needed in 1997 ozone
maintenance areas, and the Virginia conformity regulations
were amended accordingly. On February 10, 2017, the
Department of Environmental Quality officially requested
approval of a revision to the Virginia State Implementation
Plan (SIP) for the amended regulations. Since the SIP was
originally submitted, the U.S. Court of Appeals for the
District of Columbia Circuit vacated portions of EPA's final
implementation rule on February 16, 2018. Because those
provisions were vacated, EPA requested that Virginia
officially withdraw the Revision G16 SIP submittal, and the
department did so on February 27, 2019.
Summary:
The amendments (i) conform regulations to the U.S. Court
of Appeals for the District of Columbia Circuit decision
and (ii) add 9VAC5-20-204 A 4 to implement the 2015
ozone NAAQS in the Northern Virginia Ozone
Nonattainment Area pursuant to 40 CFR 81.309.
9VAC5-20-204. Nonattainment areas.
A. Nonattainment areas are geographically defined below by
locality for the criteria pollutants indicated. Following the
name of each ozone nonattainment area, in parentheses, is the
classification assigned pursuant to § 181(a) of the federal
Clean Air Act (42 USC § 7511(a)), 40 CFR 51.903(a), and
40 CFR 51.1103(a).
1. Ozone (1-hour).
Northern Virginia Ozone Nonattainment Area (severe).
Arlington County
Fairfax County
Loudoun County
Prince William County
Stafford County
Alexandria City
Fairfax City
Falls Church City
Manassas City
Manassas Park City
2. Ozone (8-hour, 0.08 ppm).
Northern Virginia Ozone Nonattainment Area (moderate).
Arlington County
Fairfax County
Loudoun County
Prince William County
Alexandria City
Fairfax City
Falls Church City
Manassas City
Manassas Park City
3. Ozone (8-hour, 0.075 ppm).
Northern Virginia Ozone Nonattainment Area (marginal).
Arlington County
Fairfax County
Loudoun County
Prince William County
Alexandria City
Fairfax City
Falls Church City
Manassas City
Manassas Park City
4. Ozone (8-hour, 0.070 ppm).
Northern Virginia Ozone Nonattainment Area (marginal).
Arlington County
Fairfax County
Loudoun County
Prince William County
Alexandria City
Fairfax City
Falls Church City
Manassas City
Manassas Park City
5. All other pollutants.
None.
B. Subdivision A 1 of this section shall not be effective after
June 15, 2005.
C. Subdivision A 2 of this section shall not be effective after
April 6, 2015.
mailto:[email protected]
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9VAC5-30-55. Ozone (8-hour, 0.08 ppm).
A. The primary and secondary ambient air quality standard
is 0.08 parts per million, daily maximum 8-hour average.
B. Ozone shall be measured by the reference method
described in Appendix D of 40 CFR Part 50, or other method
designated as such, or by an equivalent method.
C. The 8-hour primary and secondary ozone ambient air
quality standards are met at an ambient air quality monitoring
site when the average of the annual fourth-highest daily
maximum 8-hour average ozone concentration is less than or
equal to 0.08 ppm, as determined in accordance with
Appendix I of 40 CFR Part 50.
D. The standard set forth in subsection A of this section
shall no longer apply after April 6, 2015. Area designations
and classifications with respect to the revoked standard set
forth in subsection A of this section are set forth in 9VAC5-
20-204 A 2.
Part II
General Provisions
9VAC5-151-20. Applicability.
A. The provisions of this chapter shall apply to the
following actions:
1. Except as provided for in subsection C of this section or
40 CFR 93.126, conformity determinations are required
for:
a. The adoption, acceptance, approval or support of
transportation plans and transportation plan amendments
developed pursuant to 23 CFR Part 450 or 49 CFR Part
613 by a MPO or USDOT;
b. The adoption, acceptance, approval or support of TIPs
and TIP amendments developed pursuant to 23 CFR Part
450 or 49 CFR Part 613 by a MPO or USDOT; and
c. The approval, funding, or implementation of
FHWA/FTA projects.
2. Conformity determinations are not required under this
chapter for individual projects that are not FHWA/FTA
projects. However, 40 CFR 93.121 applies to the projects if
they are regionally significant.
3. This chapter shall apply to conformity determinations
for which the final decision is made on or after the
program approval date. For purposes of applying this
subdivision, the program approval date of the regulation
adopted by the board on March 26, 2007, shall be the date
30 days after the date on which a notice is published in the
Virginia Register acknowledging that the administrator has
approved the regulation adopted by the board on March 26,
2007.
B. The provisions of this chapter shall apply in all
nonattainment and maintenance areas for transportation-
related criteria pollutants for which the area is designated
nonattainment or has a maintenance plan. The provisions of
this chapter shall not apply in nonattainment and maintenance
areas that were designated nonattainment or maintenance
under a federal standard that has been revoked (see 9VAC5-
20-204 B).
1. The provisions of this chapter apply with respect to
emissions of the following criteria pollutants: ozone,
carbon monoxide (CO), nitrogen dioxide (NO2), particles
with an aerodynamic diameter less than or equal to a
nominal 10 micrometers (PM10); and particles with an
aerodynamic diameter less than or equal to a nominal 2.5
micrometers (PM2.5).
2. The provisions of this chapter also apply with respect to
emissions of the following precursor pollutants:
a. Volatile organic compounds (VOCs) and nitrogen
oxides (NOX) in ozone areas;
b. NOX in nitrogen dioxide areas;
c. VOCs or NOX or both, in PM10 areas:
(1) If the EPA Regional Administrator or the DEQ
Director has made a finding that transportation-related
emissions of one or both of these precursors within the
nonattainment area are a significant contributor to the
PM10 nonattainment problem and has so notified the
MPO and USDOT; or
(2) If the applicable implementation plan (or
implementation plan submission) establishes an approved
(or adequate) budget for such emissions as part of the
reasonable further progress, attainment or maintenance
strategy;
d. NOX in PM2.5 areas:
(1) Unless both the EPA Regional Administrator and the
DEQ Director have made a finding that transportation-
related emissions of NOX within the nonattainment area
are not a significant contributor to the PM2.5 nonattainment problem and have so notified the MPO
and USDOT,; or
(2) The applicable implementation plan (or
implementation plan submission) does not establish an
approved (or adequate) budget for such emissions as part
of the reasonable further progress, attainment or
maintenance strategy; and
e. VOC, sulfur dioxide (S02) and/or ammonia (NH3) in
PM2.5 areas either:
(1) If the EPA Regional Administrator or the DEQ
Director has made a finding that transportation-related
emissions of any of these precursors within the
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1432
nonattainment area are a significant contributor to the
PM2.5 nonattainment problem and has so notified the
MPO and USDOT,; or
(2) If the applicable implementation plan (or
implementation plan submission) establishes an approved
(or adequate) budget for such emissions as part of the
reasonable further progress, attainment or maintenance
strategy.
3. The provisions of this chapter apply to PM2.5
nonattainment and maintenance areas with respect to PM2.5
from re-entrained road dust if the EPA Regional
Administrator or the DEQ Director has made a finding that
re-entrained road dust emissions within the area are a
significant contributor to the PM2.5 nonattainment problem
and has so notified the MPO and USDOT, or if the
applicable implementation plan (or implementation plan
submission) includes re-entrained road dust in the
approved (or adequate) budget as part of the reasonable
further progress, attainment or maintenance strategy. Re-
entrained road dust emissions are produced by travel on
paved and unpaved roads (including emissions from anti-
skid and deicing materials).
4. The provisions of this chapter apply to maintenance
areas through the last year of the area's maintenance plan
approved under § 175A(b) of the federal Clean Air Act,
unless the applicable implementation plan specifies that the
provisions of this chapter shall apply for more than 20
years.
C. In order to receive any FHWA/FTA approved or funding
actions, including NEPA approvals, for a project phase
subject to this chapter, a currently conforming transportation
plan and TIP must be in place at the time of project approval
as described in 40 CFR 93.114, except as provided by
40 CFR 93.114(b).
D. For areas or portions of areas that have been continuously
designated attainment or not designated for any National
Ambient Air Quality Standard for ozone, CO, PM10, PM2.5 or
NO2 since 1990 and are subsequently redesignated to
nonattainment or designated nonattainment for any National
Ambient Air Quality Standard for any of these pollutants, the
provisions of this chapter shall not apply with respect to that
National Ambient Air Quality Standard for 12 months
following the effective date of final designation to
nonattainment for each National Ambient Air Quality
Standard for such pollutant.
Part II
General Provisions
9VAC5-160-30. Applicability.
A. The provisions of this chapter shall apply in all
nonattainment and maintenance areas for criteria pollutants
for which the area is designated nonattainment or has a
maintenance plan. Conformity requirements for newly
designated nonattainment areas are not applicable until one
year after the effective date of the final nonattainment
designation for each national ambient air quality standard and
pollutant in accordance with § 176(c)(6) of the federal Clean
Air Act.
B. The provisions of this chapter apply with respect to
emissions of the following criteria pollutants: ozone, carbon
monoxide, nitrogen dioxide, particles with an aerodynamic
diameter less than or equal to a nominal 10 micrometers
(PM10), and particles with an aerodynamic diameter less than
or equal to a nominal 2.5 micrometers (PM2.5). The provisions
of this chapter shall not apply in nonattainment and
maintenance areas that were designated nonattainment or
maintenance under a federal standard that has been revoked
(see 9VAC5-20-204 B).
C. The provisions of this chapter apply with respect to
emissions of the following precursor pollutants:
1. For ozone:
a. Nitrogen oxides, unless an area is exempted from
nitrogen oxides requirements under § 182(f) of the
federal Clean Air Act, and
b. Volatile organic compounds.
2. For PM10, those pollutants described in the PM10
nonattainment area applicable implementation plan as
significant contributors to the PM10 levels.
3. For PM2.5, (i) sulfur dioxide in all PM2.5 nonattainment
and maintenance areas, (ii) nitrogen oxides in all PM2.5
nonattainment and maintenance areas unless both the
department and EPA determine that it is not a significant
precursor, and (iii) volatile organic compounds and
ammonia only in PM2.5 nonattainment or maintenance
areas where either the department or EPA determines that
they are significant precursors.
D. Conformity determinations for federal actions related to
transportation plans, programs, and projects developed,
funded, or approved under Title 23 USC or the Federal
Transit Act (49 USC § 5301 et seq.) shall meet the procedures
and criteria of 9VAC5-151 (Regulation for Transportation
Conformity), in lieu of the procedures set forth in this
chapter.
E. For federal actions not covered by subsection D of this
section, a conformity determination is required for each
criteria pollutant or precursor where the total of direct and
indirect emissions of the criteria pollutant or precursor in a
nonattainment or maintenance area caused by a federal action
would equal or exceed any of the rates in subdivision 1 or 2
of this subsection.
1. For the purposes of this subsection, the following rates
apply in nonattainment areas:
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Tons per year
Ozone (VOCs or NOX):
Serious nonattainment areas 50
Severe nonattainment areas 25
Extreme nonattainment areas 10
Other ozone nonattainment areas
outside an ozone transport region 100
Other ozone nonattainment areas inside
an ozone transport region:
VOC 50
NOX 100
Carbon monoxide, all nonattainment
areas 100
Sulfur dioxide or nitrogen dioxide, all
nonattainment areas 100
PM10:
Moderate nonattainment areas 100
Serious nonattainment areas 70
PM2.5 (direct emissions, SO2, NOX,
VOC, and ammonia):
Moderate nonattainment areas 100
Serious nonattainment areas 70
Lead, all nonattainment areas 25
2. For the purposes of this subsection, the following rates
apply in maintenance areas:
Tons per year
Ozone (NOx), sulfur dioxide, or nitrogen
dioxide, all maintenance areas 100
Ozone (VOCs):
Maintenance areas inside an ozone
transport region 50
Maintenance areas outside an ozone
transport region 100
Carbon monoxide, all maintenance areas 100
PM10, all maintenance areas 100
PM2.5 (direct emissions, SO2, NOX,
VOC, and ammonia): 100
All maintenance areas 100
Lead, all maintenance areas 25
F. The requirements of this section shall not apply to the
following federal actions:
1. Actions where the total of direct and indirect emissions
are below the emissions levels specified in subsection E of
this section.
2. The following actions which would result in no
emissions increase or an increase in emissions that is
clearly de minimis:
a. Judicial and legislative proceedings.
b. Continuing and recurring activities such as permit
renewals where activities conducted shall be similar in
scope and operation to activities currently being
conducted.
c. Rulemaking and policy development and issuance.
d. Routine maintenance and repair activities, including
repair and maintenance of administrative sites, roads,
trails, and facilities.
e. Civil and criminal enforcement activities, such as
investigations, audits, inspections, examinations,
prosecutions, and the training of law-enforcement
personnel.
f. Administrative actions such as personnel actions,
organizational changes, debt management, internal
agency audits, program budget proposals, and matters
relating to administration and collection of taxes, duties,
and fees.
g. The routine, recurring transportation of materiel and
personnel.
h. Routine movement of mobile assets, such as ships and
aircraft, in home port reassignments and stations (when
no new support facilities or personnel are required) to
perform as operational groups and for repair or overhaul
or both.
i. Maintenance dredging and debris disposal where no
new depths are required, applicable permits are secured,
and disposal shall be at an approved disposal site.
j. With respect to existing structures, properties,
facilities, and lands where future activities conducted
shall be similar in scope and operation to activities
currently being conducted at the exi