REGULATIONS (26:10 VA.R. January 18, 2010)
TABLE OF CONTENTS
Publication
Schedule and Deadlines
Notices of
Intended Regulatory Action
Regulations
9VAC25-720.
Water Quality Management Planning Regulation (Final)
11VAC10-60.
Participants (Final)
12VAC5-31.
Virginia Emergency Medical Services Regulations (Proposed)
12VAC5-195.
Virginia WIC Program (Final)
12VAC30-120.
Waivered Services (Emergency)
14VAC5-350.
Rules Governing Surplus Lines Insurance (Proposed)
14VAC5-360.
Rules Governing Local Government Group Self-Insurance Pools (Proposed)
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, the Virginia
Tax Bulletin issued periodically by the Department of Taxation, and notices of
public hearings and open meetings of state agencies.
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.
Proposed
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 12 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. 23:7 VA.R.
1023-1140 December 11, 2006, refers to Volume 23, Issue 7, pages 1023
through 1140 of the Virginia Register
issued on December 11, 2006.
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: R. Steven Landes, Chairman; John S. Edwards, Vice Chairman; Ryan T. McDougle; William R. Janis;
Robert L. Calhoun; Frank S. Ferguson;
E.M. Miller, Jr.; Thomas M. Moncure, Jr.; James F. Almand; Jane M. Roush.
Staff
of the Virginia Register: Jane D.
Chaffin, Registrar of Regulations; June T. Chandler, Assistant
Registrar.
January
2010 through November 2010
|
Volume: Issue |
Material Submitted By Noon* |
Will Be Published On |
|
INDEX 1 Volume 26 |
|
January 2010 |
|
26:10 |
December 29, 2009 (Tuesday) |
January 18, 2010 |
|
26:11 |
January 13, 2010 |
February 1, 2010 |
|
26:12 |
January 27, 2010 |
February 15, 2010 |
|
26:13 |
February 10, 2010 |
March 1, 2010 |
|
26:14 |
February 24, 2010 |
March 15, 2010 |
|
INDEX 2 Volume 26 |
|
April 2010 |
|
26:15 |
March 10, 2010 |
March 29, 2010 |
|
26:16 |
March 24, 2010 |
April 12, 2010 |
|
26:17 |
April 7, 2010 |
April 26, 2010 |
|
26:18 |
April 21, 2010 |
May 10, 2010 |
|
26:19 |
May 5, 2010 |
May 24, 2010 |
|
26:20 |
May 19, 2010 |
June 7, 2010 |
|
INDEX 3 Volume 26 |
|
July 2010 |
|
26:21 |
June 2, 2010 |
June 21, 2010 |
|
26:22 |
June 16, 2010 |
July 5, 2010 |
|
26:23 |
June 30, 2010 |
July 19, 2010 |
|
26:24 |
July 14, 2010 |
August 2, 2010 |
|
26:25 |
July 28, 2010 |
August 16, 2010 |
|
26:26 |
August 11, 2010 |
August 30, 2010 |
|
FINAL INDEX Volume 26 |
|
October 2010 |
|
27:1 |
August 25, 2010 |
September 13, 2010 |
|
27:2 |
September 8, 2010 |
September 27, 2010 |
|
27:3 |
September 22, 2010 |
October 11, 2010 |
|
27:4 |
October 6, 2010 |
October 25, 2010 |
|
27:5 |
October 20, 2010 |
November 8, 2010 |
|
27:6 |
November 3, 2010 |
November 22, 2010 |
*Filing deadlines are Wednesdays unless otherwise specified.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF OPTOMETRY
Initial Agency Notice
Title of Regulation: 18VAC105-20. Regulations
Governing the Practice of Optometry.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Dennis M. Garcia.
Nature of Petitioner's Request: To amend regulations to prohibit provisions in a lease that control or attempt to control malpractice liability coverage, patient records, and scheduling of patient appointments.
Agency's
Plan for Disposition of the Request: After a 21-day comment period, the
board will consider the petition and related comment at its meeting on May 5,
2010, and decide whether it is necessary and appropriate to amend its
regulations.
Public Comment Deadline: February 8, 2010.
Agency Contact: Leslie Knackel, Executive Director, Board of Optometry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4508, FAX (804) 527-4466, or email leslie.knackel@dhp.virginia.gov.
VA.R. Doc. No. R10-32; Filed December 21, 2009, 4:20 p.m.
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TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
Initial Agency Notice
Title of Regulation: 22VAC40-910. General
Provisions for Maintaining and Disclosing Confidential Information of Public
Assistance, Child Support Enforcement, and Social Services Records.
Statutory Authority: §§ 63.2-105 and 63.2-217 of the Code of Virginia.
Name of Petitioner: J. Thompson Shrader.
Nature of Petitioner's Request: Mr. Shrader, on behalf of the Amherst County Social Services Board, states: "...this regulation's revision to require the release of information unless doing so 'would be likely to' cause the harm set forth, will have the unintended consequence of placing child abuse and neglect victims at risk of further harm. Rather, the Amherst County Social Services Board suggests that the regulation should be further amended to permit the withholding of information even if it only 'may' cause such harm."
Agency's
Plan for Disposition of the Request: The regulation will be put out for a
21-day period for acceptance of written public comment on the petition to amend
the regulation. The State Board of Social Services (board) will review and
consider the written public comment received during the 21-day public comment
period at its February 17-18, 2010, meeting. The board will issue a written
decision to grant or deny the petitioner's request on February 18, 2010.
Public Comment Deadline: February 8, 2010.
Agency Contact: Richard Martin, Regulatory Coordinator, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7902, FAX (804) 726-7906, or email richard.martin@dss.virginia.gov.
VA.R. Doc. No. R10-31; Filed December 18, 2009, 3:04 p.m.
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 promulgating the following regulations: 9VAC25-870, Plasticulture Operations Regulation; and amending 9VAC25-20, Fees for Permits and Certificates; 9VAC25-31, Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation; 9VAC25-32, Virginia Pollution Abatement (VPA) Permit Regulation; and 9VAC25-151, General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Discharges of Storm Water Associated with Industrial Activity. The purpose of the proposed action is to adopt a new regulation or amend one or more existing regulations to establish pollutant management requirements for agriculture operations utilizing plasticulture production methods in order to protect water quality.
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 29, 2010.
Agency Contact: Melanie Davenport, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4038, or email melanie.davenport@deq.virginia.gov.
VA.R. Doc. No. R10-2273; Filed December 28, 2009, 10:04 a.m.
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TITLE 12. HEALTH
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
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 Medical Assistance Services intends to consider amending the following regulations: 12VAC30-120, Waivered Services. The purpose of the proposed action is to change the Medicaid managed care recipients' provider choice options when only one managed care program operates in rural areas. In such situations, managed care recipients will not have open enrollment periods during which to change managed care programs.
The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.
Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.
Public Comment Deadline: March 3, 2010.
Agency Contact: Brian McCormick, Regulatory Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-8856, FAX (804) 786-1680, or email brian.mccormick@dmas.virginia.gov.
VA.R. Doc. No. R10-2004; Filed December 30, 2009, 1:30 p.m.
STATE WATER CONTROL BOARD
Final Regulation
Title of Regulation: 9VAC25-720. Water Quality Management Planning Regulation (amending 9VAC25-720-50).
Statutory Authority: § 62.1-44.15 of the Code of Virginia; 33 USC § 1313(e) of the Clean Water Act.
Effective Date: February 18, 2010.
Agency Contact: John M. Kennedy, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4312, FAX (804) 698-4116, TTY (804) 698-4021, or email jmkennedy@deq.virginia.gov.
Summary:
The proposed amendments to the Nutrient Waste Load Allocations in the Water Quality Management Planning Regulation, 9 VAC 25-720-50 C (Potomac, Shenandoah River Basin), provided increases for total nitrogen (TN) and total phosphorus (TP) for two facilities:
1. Frederick-Winchester S.A. (FWSA) - Opequon WRF (VPDES #VA0065552).
2. Merck WWTP (VPDES #VA0002178).
However, the final amendments are modified from the proposed as follows:
1. The allocation increase for FWSA - Opequon is not changed in the allocation table.
2. The allocation for Merck WWTP is not changed in the allocation table. However, a footnote is added that among other things grants an allocation increase effective January 1, 2011.
Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.
9VAC25-720-50. Potomac-Shenandoah River Basin.
A. Total Maximum Daily Load (TMDLs).
|
TMDL # |
Stream Name |
TMDL Title |
City/County |
WBID |
Pollutant |
WLA |
Units |
|
1. |
Muddy Creek |
Nitrate TMDL Development for
Muddy Creek/Dry River, Virginia |
Rockingham |
B21R |
Nitrate |
49,389.00 |
LB/YR |
|
2. |
Blacks Run |
TMDL Development for Blacks
Run and Cooks Creek |
Rockingham |
B25R |
Sediment |
32,844.00 |
LB/YR |
|
3. |
Cooks Creek |
TMDL Development for Blacks
Run and Cooks Creek |
Rockingham |
B25R |
Sediment |
69,301.00 |
LB/YR |
|
4. |
Cooks Creek |
TMDL Development for Blacks
Run and Cooks Creek |
Rockingham |
B25R |
Phosphorus |
0 |
LB/YR |
|
5. |
Muddy Creek |
TMDL Development for Muddy
Creek and Holmans Creek, Virginia |
Rockingham |
B22R |
Sediment |
286,939.00 |
LB/YR |
|
6. |
Muddy Creek |
TMDL Development for Muddy
Creek and Holmans Creek, Virginia |
Rockingham |
B22R |
Phosphorus |
38.00 |
LB/YR |
|
7. |
Holmans
Creek |
TMDL
Development for Muddy Creek and Holmans Creek, Virginia |
Rockingham/ |
B45R |
Sediment |
78,141.00 |
LB/YR |
|
8. |
Mill Creek |
TMDL Development for Mill
Creek and Pleasant Run |
Rockingham |
B29R |
Sediment |
276.00 |
LB/YR |
|
9. |
Mill Creek |
TMDL Development for Mill
Creek and Pleasant Run |
Rockingham |
B29R |
Phosphorus |
138.00 |
LB/YR |
|
10. |
Pleasant Run |
TMDL Development for Mill
Creek and Pleasant Run |
Rockingham |
B27R |
Sediment |
0.00 |
LB/YR |
|
11. |
Pleasant Run |
TMDL Development for Mill
Creek and Pleasant Run |
Rockingham |
B27R |
Phosphorus |
0.00 |
LB/YR |
|
12. |
Linville Creek |
Total Maximum Load Development
for Linville Creek: Bacteria and Benthic Impairments |
Rockingham |
B46R |
Sediment |
5.50 |
TONS/YR |
|
13. |
Quail Run |
Benthic TMDL for Quail Run |
Rockingham |
B35R |
Ammonia |
7,185.00 |
KG/YR |
|
14. |
Quail Run |
Benthic TMDL for Quail Run |
Rockingham |
B35R |
Chlorine |
27.63 |
KG/YR |
|
15. |
Shenandoah River |
Development of Shenandoah
River PCB TMDL (South Fork and Main Stem) |
Warren & Clarke |
B41R B55R B57R B58R |
PCBs |
179.38 |
G/YR |
|
16. |
Shenandoah River |
Development of Shenandoah
River PCB TMDL (North Fork) |
Warren & Clarke |
B51R |
PCBs |
0.00 |
G/YR |
|
17. |
Shenandoah River |
Development of Shenandoah
River PCB TMDL (Main Stem) |
Warren & Clarke |
WV |
PCBs |
179.38 |
G/YR |
|
18. |
Cockran Spring |
Benthic TMDL Reports for Six
Impaired Stream Segments in the Potomac-Shenandoah and James River Basins |
Augusta |
B10R |
Organic Solids |
1,556.00 |
LB/YR |
|
19. |
Lacey Spring |
Benthic TMDL Reports for Six
Impaired Stream Segments in the Potomac-Shenandoah and James River Basins |
Rockingham |
B47R |
Organic Solids |
680.00 |
LB/YR |
|
20. |
Orndorff Spring |
Benthic TMDL Reports for Six
Impaired Stream Segments in the Potomac-Shenandoah and James River Basins |
Shenandoah |
B52R |
Organic Solids |
103.00 |
LB/YR |
|
21. |
Toms Brook |
Benthic TMDL for Toms Brook in
Shenandoah County, Virginia |
Shenandoah |
B50R |
Sediment |
8.1 |
T/YR |
|
22. |
Goose
Creek |
Benthic
TMDLs for the Goose Creek Watershed |
Loudoun,
Fauquier |
A08R |
Sediment |
1,587 |
T/YR |
|
23. |
Little River |
Benthic TMDLs for the Goose
Creek Watershed |
Loudoun |
A08R |
Sediment |
105 |
T/YR |
|
24. |
Christians Creek |
Fecal Bacteria and General Standard
Total Maximum Daily Load Development for Impaired Streams in the Middle River
and Upper South River Watersheds, Augusta County, VA |
Augusta |
B14R |
Sediment |
145 |
T/YR |
|
25. |
Moffett Creek |
Fecal Bacteria and General Standard
Total Maximum Daily Load Development for Impaired Streams in the Middle River
and Upper South River Watersheds, Augusta County, VA |
Augusta |
B13R |
Sediment |
0 |
T/YR |
|
26. |
Upper Middle River |
Fecal Bacteria and General Standard
Total Maximum Daily Load Development for Impaired Streams in the Middle River
and Upper South River Watersheds, Augusta County, VA |
Augusta |
B10R |
Sediment |
1.355 |
T/YR |
|
27. |
Mossy Creek |
Total Maximum Daily Load Development
for Mossy Creek and Long Glade Run: Bacteria and General Standard (Benthic)
Impairments |
Rockingham |
B19R |
Sediment |
0.04 |
T/YR |
|
28. |
Smith Creek |
Total Maximum Daily Load
(TMDL) Development for Smith Creek |
Rockingham, Shenandoah |
B47R |
Sediment |
353,867 |
LB/YR |
|
29. |
Abrams Creek |
Opequon Watershed TMDLs for
Benthic Impairments: Abrams Creek and Lower Opequon Creek, Frederick and
Clarke counties, Virginia |
Frederick |
B09R |
Sediment |
478 |
T/YR |
|
30. |
Lower Opequon Creek |
Opequon Watershed TMDLs for
Benthic Impairments: Abrams Creek and Lower Opequon Creek, Frederick and
Clarke counties, Virginia |
Frederick, Clarke |
B09R |
Sediment |
1,039 |
T/YR |
|
31. |
Mill Creek |
Mill Creek Sediment TMDL for a
Benthic Impairment, Shenandoah County, Virginia |
Shenandoah |
B48R |
Sediment |
0.9 |
T/YR |
|
32. |
South Run |
Benthic TMDL Development for
South Run, Virginia |
Fauquier |
A19R |
Phosphorus |
0.038 |
T/YR |
|
33. |
Lewis Creek |
Total Maximum Daily Load Development
for Lewis Creek, General Standard (Benthic) |
Augusta |
B12R |
Sediment |
40 |
T/YR |
|
34. |
Lewis Creek |
Total Maximum Daily Load
Development for Lewis Creek, General Standard (Benthic) |
Augusta |
B12R |
Lead |
0 |
KG/YR |
|
35. |
Lewis Creek |
Total Maximum Daily Load
Development for Lewis Creek, General Standard (Benthic) |
Augusta |
B12R |
PAHs |
0 |
KG/YR |
|
36. |
Bull Run |
Total Maximum Daily Load
Development for Lewis Creek, General Standard (Benthic) |
Loudoun, Fairfax, and Prince
William counties, and the Cities of Manassas and Manassas Park |
A23R-01 |
Sediment |
5,986.8 |
T/TR |
|
37. |
Popes Head Creek |
Total Maximum Daily Load
Development for Lewis Creek, General Standard (Benthic) |
Fairfax County and Fairfax
City |
A23R-02 |
Sediment |
1,594.2 |
T/YR |
|
38. |
Accotink Bay |
PCB Total Maximum Daily Load
Development in the tidal Potomac and Anacostia Rivers and their tidal
tributaries |
Fairfax |
A15R |
PCBs |
0.0992 |
G/YR |
|
39. |
Aquia Creek |
PCB Total Maximum Daily Load
Development in the tidal Potomac and Anacostia Rivers and their tidal
tributaries |
Stafford |
A28E |
PCBs |
6.34 |
G/YR |
|
40. |
Belmont Bay/ |
PCB Total Maximum Daily Load Development
in the tidal Potomac and Anacostia Rivers and their tidal tributaries |
Prince William |
A25E |
PCBs |
0.409 |
G/YR |
|
41. |
Chopawamsic Creek |
PCB Total Maximum Daily Load
Development in the tidal Potomac and Anacostia Rivers and their tidal
tributaries |
Prince William |
A26E |
PCBs |
1.35 |
G/YR |
|
42. |
Coan River |
PCB Total Maximum Daily Load
Development in the tidal Potomac and Anacostia Rivers and their tidal
tributaries |
Northumberland |
A34E |
PCBs |
0 |
G/YR |
|
43. |
Dogue Creek |
PCB Total Maximum Daily Load
Development in the tidal Potomac and Anacostia Rivers and their tidal
tributaries |
Fairfax |
A14E |
PCBs |
20.2 |
G/YR |
|
44. |
Fourmile
Run |
PCB
Total Maximum Daily Load Development in the tidal Potomac and Anacostia
Rivers and their tidal tributaries |
Arlington |
A12E |
PCBs |
11 |
G/YR |
|
45. |
Gunston Cove |
PCB Total Maximum Daily Load
Development in the tidal Potomac and Anacostia Rivers and their tidal
tributaries |
Fairfax |
A15E |
PCBs |
0.517 |
G/YR |
|
46. |
Hooff Run & Hunting Creek |
PCB Total Maximum Daily Load
Development in the tidal Potomac and Anacostia Rivers and their tidal
tributaries |
Fairfax |
A13E |
PCBs |
36.8 |
G/YR |
|
47. |
Little Hunting Creek |
PCB Total Maximum Daily Load
Development in the tidal Potomac and Anacostia Rivers and their tidal
tributaries |
Fairfax |
A14E |
PCBs |
10.1 |
G/YR |
|
48. |
Monroe Creek |
PCB Total Maximum Daily Load
Development in the tidal Potomac and Anacostia Rivers and their tidal
tributaries |
Fairfax |
A31E |
PCBs |
.0177 |
G/YR |
|
49. |
Neabsco Creek |
PCB Total Maximum Daily Load
Development in the tidal Potomac and Anacostia Rivers and their tidal
tributaries |
Prince William |
A25E |
PCBs |
6.63 |
G/YR |
|
50. |
Occoquan River |
PCB Total Maximum Daily Load
Development in the tidal Potomac and Anacostia Rivers and their tidal
tributaries |
Prince William |
A25E |
PCBs |
2.86 |
G/YR |
|
51. |
Pohick Creek/Pohick Bay |
PCB Total Maximum Daily Load
Development in the tidal Potomac and Anacostia Rivers and their tidal
tributaries |
Fairfax |
A16E |
PCBs |
13.5 |
G/YR |
|
52. |
Potomac Creek |
PCB Total Maximum Daily Load
Development in the tidal Potomac and Anacostia Rivers and their tidal
tributaries |
Stafford |
A29E |
PCBs |
0.556 |
G/YR |
|
53. |
Potomac River, Fairview Beach |
PCB Total Maximum Daily Load
Development in the tidal Potomac and Anacostia Rivers and their tidal
tributaries |
King George |
A29E |
PCBs |
0.0183 |
G/YR |
|
54. |
Powells Creek |
PCB Total Maximum Daily Load
Development in the tidal Potomac and Anacostia Rivers and their tidal
tributaries |
Prince William |
A26R |
PCBs |
0.0675 |
G/YR |
|
55. |
Quantico Creek |
PCB Total Maximum Daily Load
Development in the tidal Potomac and Anacostia Rivers and their tidal
tributaries |
Prince William |
A26R |
PCBs |
0.742 |
G/YR |
|
56. |
Upper Machodoc Creek |
PCB Total Maximum Daily Load
Development in the tidal Potomac and Anacostia Rivers and their tidal
tributaries |
King George |
A30E |
PCBs |
0.0883 |
G/YR |
|
57. |
Difficult Creek |
Benthic TMDL Development for
Difficult Run, Virginia |
Fairfax |
A11R |
Sediment |
3,663.2 |
T/YR |
|
58. |
Abrams Creek |
Opequon Watershed TMDLs for
Benthic Impairments |
Frederick and Clark |
B09R |
Sediment |
1039 |
T/YR |
|
59. |
Lower Opequon |
Opequon Watershed TMDLs for
Benthic Impairments |
Frederick and Clark |
B09R |
Sediment |
1039 |
T/YR |
B. Non-TMDL waste load allocations.
|
Water Body |
Permit No. |
Facility Name |
Outfall No. |
Receiving Stream |
River Mile |
Parameter Description |
WLA |
Units WLA |
|
VAV-B02R |
VA0023281 |
Monterey STP |
001 |
West Strait Creek |
3.85 |
CBOD5 |
11.4 |
KG/D |
|
VAV-B08R |
VA0065552 |
Opequon Water Reclamation Facility |
001 |
Opequon Creek |
32.66 |
BOD5, JUN-NOV |
207 |
KG/D |
|
|
|
AKA Winchester - Frederick Regional |
|
|
|
CBOD5, DEC-MAY |
1514 |
KG/D |
|
VAV-B14R |
VA0025291 |
Fishersville Regional STP |
001 |
Christians Creek |
12.36 |
BOD5 |
182 |
KG/D |
|
VAV-B23R |
VA0060640 |
North River WWTF |
001 |
North River |
15.01 |
CBOD5, JAN-MAY |
700 |
KG/D |
|
|
7.23.04 |
AKA Harrisonburg - Rockingham Reg. Sewer Auth. |
|
|
|
CBOD5, JUN-DEC |
800 |
KG/D |
|
TKN, JUN-DEC |
420 |
KG/D |
||||||
|
TKN, JAN-MAY |
850 |
KG/D |
||||||
|
VAV-B32R |
VA0002160 |
INVISTA - Waynesboro Formerly Dupont - Waynesboro |
001 |
South River |
25.3 |
BOD5 |
272 |
KG/D |
|
VAV-B32R |
VA0025151 |
Waynesboro STP |
001 |
South River |
23.54 |
CBOD5 |
227 |
KG/D |
|
CBOD5, JUN-OCT |
113.6 |
KG/D |
||||||
|
VAV-B32R |
VA0028037 |
Skyline Swannanoa STP |
001 |
South River UT |
2.96 |
BOD5 |
8.5 |
KG/D |
|
VAV-B35R |
VA0024732 |
Massanutten Public Service STP |
001 |
Quail Run |
5.07 |
BOD5 |
75.7 |
KG/D |
|
VAV-B37R |
VA0002178 |
Merck & Company |
001 |
S.F. Shenandoah River |
88.09 |
BOD5 |
1570 |
KG/D |
|
AMMONIA, AS N |
645.9 |
KG/D |
||||||
|
VAV-B49R |
VA0028380 |
Stoney Creek Sanitary District STP |
001 |
Stoney Creek |
19.87 |
BOD5, JUN-NOV |
29.5 |
KG/D |
|
VAV-B53R |
VA0020982 |
Middletown STP |
001 |
Meadow Brook |
2.19 |
CBOD5 |
24.0 |
KG/D |
|
VAV-B58R |
VA0020532 |
Berryville STP |
001 |
Shenandoah River |
24.23 |
CBOD5 |
42.6 |
KG/D |
C. Nitrogen and phosphorus waste load allocations to restore the Chesapeake Bay and its tidal rivers. The following table presents nitrogen and phosphorus waste load allocations for the identified significant dischargers and the total nitrogen and total phosphorus waste load allocations for the listed facilities.
|
Virginia Waterbody ID |
Discharger Name |
VPDES Permit No. |
Total Nitrogen (TN) Waste Load Allocation (lbs/yr) |
Total Phosphorus (TP) Waste Load Allocation (lbs/yr) |
|
B37R |
Coors Brewing Company |
VA0073245 |
54,820 |
4,112 |
|
B14R |
Fishersville Regional STP |
VA0025291 |
48,729 |
3,655 |
|
B32R |
INVISTA - Waynesboro (Outfall 101) |
VA0002160 |
78,941 |
1,009 |
|
B39R |
Luray STP |
VA0062642 |
19,492 |
1,462 |
|
B35R |
Massanutten PSA STP |
VA0024732 |
18,273 |
1,371 |
|
B37R |
Merck - Stonewall WWTP (Outfall 101) [ |
VA0002178 |
[ 14,619 |
[ 1,096 |
|
B12R |
Middle River Regional STP |
VA0064793 |
82,839 |
6,213 |
|
B23R |
North River WWTF (2) |
VA0060640 |
253,391 |
19,004 |
|
B22R |
VA Poultry Growers -Hinton |
VA0002313 |
27,410 |
1,371 |
|
B38R |
Pilgrims Pride - Alma |
VA0001961 |
18,273 |
914 |
|
B31R |
Stuarts Draft WWTP |
VA0066877 |
48,729 |
3,655 |
|
B32R |
Waynesboro STP |
VA0025151 |
48,729 |
3,655 |
|
B23R |
Weyers Cave STP |
VA0022349 |
6,091 |
457 |
|
B58R |
Berryville STP |
VA0020532 |
8,528 |
640 |
|
B55R |
Front Royal STP |
VA0062812 |
48,729 |
3,655 |
|
B49R |
Georges Chicken LLC |
VA0077402 |
31,065 |
1,553 |
|
B48R |
Mt. Jackson STP (3) |
VA0026441 |
8,528 |
640 |
|
B45R |
New Market STP |
VA0022853 |
6,091 |
457 |
|
B45R |
North Fork (SIL) WWTF |
VA0090263 |
23,390 |
1,754 |
|
B49R |
Stoney Creek SD STP |
VA0028380 |
7,309 |
548 |
|
B50R |
North Fork Regional WWTP (1) |
VA0090328 |
9,137 |
685 |
|
B51R |
Strasburg STP |
VA0020311 |
11,939 |
895 |
|
B50R |
Woodstock STP |
VA0026468 |
24,364 |
1,827 |
|
A06R |
Basham Simms WWTF (4) |
VA0022802 |
18,273 |
1,371 |
|
A09R |
Broad Run WRF (5) |
VA0091383 |
134,005 |
3,350 |
|
A08R |
Leesburg WPCF |
MD0066184 |
121,822 |
9,137 |
|
A06R |
Round Hill Town WWTF |
VA0026212 |
9,137 |
685 |
|
A25R |
DSC - Section 1 WWTF (6) |
VA0024724 |
42,029 |
2,522 |
|
A25R |
DSC - Section 8 WWTF (7) |
VA0024678 |
42,029 |
2,522 |
|
A25E |
H L Mooney WWTF |
VA0025101 |
219,280 |
13,157 |
|
A22R |
UOSA - Centreville |
VA0024988 |
1,315,682 |
16,446 |
|
A19R |
Vint Hill WWTF (8) |
VA0020460 |
8,680 |
868 |
|
B08R |
Opequon WRF [ |
VA0065552 |
[ 102,336 |
[ 7,675 |
|
B08R |
Parkins Mills STP (9) |
VA0075191 |
60,911 |
4,568 |
|
A13E |
Alexandria SA WWTF |
VA0025160 |
493,381 |
29,603 |
|
A12E |
Arlington County Water PCF |
VA0025143 |
365,467 |
21,928 |
|
A16R |
Noman M Cole Jr PCF |
VA0025364 |
612,158 |
36,729 |
|
A12R |
Blue Plains (VA Share) |
DC0021199 |
581,458 |
26,166 |
|
A26R |
Quantico WWTF |
VA0028363 |
20,101 |
1,206 |
|
A28R |
Aquia WWTF |
VA0060968 |
73,093 |
4,386 |
|
A31E |
Colonial Beach STP |
VA0026409 |
18,273 |
1,827 |
|
A30E |
Dahlgren WWTF |
VA0026514 |
9,137 |
914 |
|
A29E |
Fairview Beach |
MD0056464 |
1,827 |
183 |
|
A30E |
US NSWC-Dahlgren WWTF |
VA0021067 |
6,578 |
658 |
|
A31R |
Purkins Corner STP |
VA0070106 |
1,096 |
110 |
|
|
TOTALS: |
|
[ 5,156,169 |
[ 246,635 |
NOTE: (1) Shenandoah Co. - North Fork Regional WWTP waste load allocations (WLAs) based on a design flow capacity of 0.75 million gallons per day (MGD). If plant is not certified to operate at 0.75 MGD design flow capacity by December 31, 2010, the WLAs will be deleted and facility removed from Significant Discharger List.
(2) Harrisonburg-Rockingham Regional S.A.-North River STP: waste load allocations (WLAs) based on a design flow capacity of 20.8 million gallons per day (MGD). If plant is not certified to operate at 20.8 MGD design flow capacity by December 31, 2011, the WLAs will decrease to TN = 194,916 lbs/yr; TP = 14,619 lbs/yr, based on a design flow capacity of 16.0 MGD.
(3) Mount Jackson STP: waste load allocations (WLAs) based on a design flow capacity of 0.7 million gallons per day (MGD). If plant is not certified to operate at 0.7 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 7,309 lbs/yr; TP = 548 lbs/yr, based on a design flow capacity of 0.6 MGD.
(4) Purcellville-Basham Simms STP: waste load allocations (WLAs) based on a design flow capacity of 1.5 million gallons per day (MGD). If plant is not certified to operate at 1.5 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 12,182 lbs/yr; TP = 914lbs/yr, based on a design flow capacity of 1.0 MGD.
(5) Loudoun Co. S.A.-Broad Run WRF: waste load allocations (WLAs) based on a design flow capacity of 11.0 million gallons per day (MGD). If plant is not certified to operate at 11.0 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 121,822 lbs/yr; TP = 3,046 lbs/yr, based on a design flow capacity of 10.0 MGD.
(6) Dale Service Corp.-Section 1 WWTF: waste load allocations (WLAs) based on a design flow capacity of 4.6 million gallons per day (MGD). If plant is not certified to operate at 4.6 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 36,547 lbs/yr; TP = 2,193 lbs/yr, based on a design flow capacity of 4.0 MGD.
(7) Dale Service Corp.-Section 8 WWTF: waste load allocations (WLAs) based on a design flow capacity of 4.6 million gallons per day (MGD). If plant is not certified to operate at 4.6 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 36,547 lbs/yr; TP = 2,193 lbs/yr, based on a design flow capacity of 4.0 MGD.
(8) Fauquier Co. W&SA-Vint Hill STP: waste load allocations (WLAs) based on a design flow capacity of 0.95 million gallons per day (MGD). If plant is not certified to operate at 0.95 MGD design flow capacity by December 31, 2011, the WLAs will decrease to TN = 5,482 lbs/yr; TP = 548 lbs/yr, based on a design flow capacity of 0.6 MGD.
(9) Parkins Mill STP: waste load allocations (WLAs) based on a design flow capacity of 5.0 million gallons per day (MGD). If plant is not certified to operate at 5.0 MGD design flow capacity by December 31, 2010, the WLAs will decrease to TN = 36,547 lbs/yr; TP = 2,741 lbs/yr, based on a design flow capacity of 3.0 MGD.
[ (10) Opequon WRF – waste load allocations (WLAs)
based on a design flow of 12.6 MGD. If the plant is not certified to operate at
12.6 MDG design flow by December 31, 2010, the WLAs will decrease to TN =
102,331 lbs/yr; TP = 7,675 lbs/yr, based on a design flow of 8.4 MGD.
(11) (10) ] Merck-Stonewall –
[ (a) on January 1, 2011, the following waste load allocations (WLAs)
are effective and supersede the existing WLAs: total nitrogen of 43,835 lbs/yr
and total phosphorus of 4,384 lbs/yr; (b) ] waste load allocations
will be reviewed and possibly [ modified reduced ]
based on "full-scale" results showing the [ optimal ]
treatment capability of the 4-stage Bardenpho technology at this facility
[ consistent with the level of effort by other dischargers in the
region. The "full scale" evaluation will be completed by December 31,
2011, and the results submitted to DEQ for review and subsequent board action;
(c) in any year when credits are available after all other exchanges within the
Shenandoah-Potomac River Basin are completed in accordance with § 62.1-44.19:18
of the Code of Virginia, Merck shall acquire credits for total nitrogen
discharged in excess of 14,619 lbs/yr and total phosphorus discharged in excess
of 1,096 lbs/yr; and (d) the allocations are not transferable and compliance
credits are only generated if discharged loads are less than the loads
identified in paragraph (c) ].
VA.R. Doc. No. R07-128; Filed December 28, 2009, 11:16 a.m.
w –––––––––––––––––– w
VIRGINIA RACING COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The Virginia Racing Commission is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 B 12 of the Code of Virginia, which exempts agency action relating to instructions for application or renewal of a license, certificate, or registration required by law.
Title of Regulation: 11VAC10-60. Participants (amending 11VAC10-60-15).
Statutory Authority: § 59.1-369 of the Code of Virginia.
Effective Date: January 1, 2010.
Agency Contact: David S. Lermond, Jr., Regulatory Coordinator, Virginia Racing Commission, 10700 Horsemen's Lane, New Kent, VA 23024, telephone (804) 966-7404, FAX (804) 966-7418, or email david.lermond@vrc.virginia.gov.
Background: The amendments allow the Virginia Racing Commission to collect a higher fee for permits issued to the participants of horse racing. The fee schedule has remained constant since the first Satellite Wagering Facility began operation in 1996. A cost per permit issued analysis was performed and it was determined that it costs the Virginia Racing Commission $58.80 for each permit that is issued, which is down from $64.31 in the prior year. It is the intent of the Virginia Racing Commission to increase the amount charged for a permit and at the same time reduce our costs so that the commission will break even on the issuance of permits in the future. The increase in fees will make Virginia's fees consistent with that of the surrounding jurisdictions.
Summary:
The amendments increase permit holder fees issued to participants of horse racing.
11VAC10-60-15. Fee schedule for permit holders.
|
Type of Permit |
Fee |
|
Apprentice Jockey |
|
|
Assistant General Manager |
|
|
Assistant Racing Secretary |
|
|
Assistant Starter |
|
|
Assistant Trainer |
|
|
Authorized Agent |
|
|
Claims Clerk |
|
|
Clerk of Scales |
|
|
Clerk of the Course |
|
|
Clocker |
|
|
Concessionaire/Vendor |
$25 |
|
Concessionaire/Vendor Employee |
|
|
|
|
|
Custodian of Jockeys' Room |
|
|
Director of Security |
|
|
Driver |
|
|
Entry Clerk |
|
|
Exercise Rider |
|
|
Farrier |
|
|
Foreman |
|
|
Gap Attendant |
|
|
General Manager |
|
|
Groom/Hotwalker |
|
|
Horse Identifier |
|
|
Horsemen's Bookkeeper |
|
|
Horse Owner |
|
|
Jockey |
|
|
Jockey Agent |
|
|
|
|
|
Licensee-Administrative Employee |
|
|
Licensee-Marketing Employee |
|
|
Licensee-Medical Employee |
|
|
Licensee-Operations Employee |
|
|
Licensee-Plant Employee |
|
|
Licensee-Staff Employee |
|
|
Mutuel Clerk |
|
|
Mutuel Manager |
|
|
|
|
|
|
|
|
Outrider |
|
|
Paddock Judge |
|
|
|
|
|
Patrol Judge |
|
|
Photo-Finish Camera Operator |
|
|
Placing Judge |
|
|
Pony Rider |
|
|
Program Director |
|
|
Racing Secretary |
|
|
Security Officer |
|
|
Stable Name |
$25 |
|
Stall Superintendent |
|
|
Starter |
|
|
Timer |
|
|
Track Superintendent |
|
|
Trainer |
|
|
Trainer/Driver (Harness Racing) |
$50 |
|
Valet |
|
|
Veterinarian (Licensee) |
|
|
Veterinarian (Private Practice) |
|
|
Video Patrol Personnel |
|
VA.R. Doc. No. R10-2225; Filed December 18, 2009, 10:33 a.m.
w –––––––––––––––––– w
STATE BOARD OF HEALTH
Proposed Regulation
Title of Regulation: 12VAC5-31. Virginia Emergency Medical Services Regulations (amending 12VAC5-31-10, 12VAC5-31-20, 12VAC5-31-50, 12VAC5-31-60, 12VAC5-31-80, 12VAC5-31-90, 12VAC5-31-100, 12VAC5-31-120, 12VAC5-31-160, 12VAC5-31-170, 12VAC5-31-180, 12VAC5-31-200, 12VAC5-31-210, 12VAC5-31-220, 12VAC5-31-230, 12VAC5-31-240, 12VAC5-31-290, 12VAC5-31-370, 12VAC5-31-380, 12VAC5-31-390, 12VAC5-31-400, 12VAC5-31-430, 12VAC5-31-480, 12VAC5-31-500, 12VAC5-31-510, 12VAC5-31-520, 12VAC5-31-530, 12VAC5-31-540, 12VAC5-31-560, 12VAC5-31-570, 12VAC5-31-590, 12VAC5-31-700, 12VAC5-31-710, 12VAC5-31-750, 12VAC5-31-760, 12VAC5-31-800, 12VAC5-31-810, 12VAC5-31-820, 12VAC5-31-830, 12VAC5-31-860, 12VAC5-31-870, 12VAC5-31-880, 12VAC5-31-890, 12VAC5-31-900, 12VAC5-31-910, 12VAC5-31-950, 12VAC5-31-960, 12VAC5-31-1010, 12VAC5-31-1030, 12VAC5-31-1040, 12VAC5-31-1140, 12VAC5-31-1210, 12VAC5-31-1250, 12VAC5-31-1260, 12VAC5-31-1270, 12VAC5-31-1810, 12VAC5-31-1820, 12VAC5-31-1830, 12VAC5-31-1840, 12VAC5-31-1850, 12VAC5-31-1860, 12VAC5-31-1880, 12VAC5-31-1890, 12VAC5-31-1950, 12VAC5-31-2330, 12VAC5-31-2570, 12VAC5-31-2740; adding 12VAC5-31-610, 12VAC5-31-875, 12VAC5-31-885, 12VAC5-31-940, 12VAC5-31-970, 12VAC5-31-1050, 12VAC5-31-1165, 12VAC5-31-1305 through 12VAC5-31-1615; repealing 12VAC5-31-840, 12VAC5-31-1060, 12VAC5-31-1280, 12VAC5-31-1290, 12VAC5-31-1300, 12VAC5-31-1310 through 12VAC5-31-1710).
Statutory Authority: §§ 32.1-12 and 32.1-111.4 of the Code of Virginia.
Public Hearing Information:
February 3, 2010 - 7 p.m. - Fauquier Hospital, 500 Hospital Drive, Sycamore Room, Warrenton, VA
February 4, 2010 - 7 p.m. - Central Virginia Community College, Merritt Building, 3506 Wards Road, Lynchburg, VA
February 10, 2010 - 1 p.m. - Prince William County Complex, #1 Count Complex Court, Woodbridge, VA
February 10, 2010 - 7 p.m.- Abingdon Volunteer Fire and Rescue, 2676 Hayes Road, Hayes, VA
February 17, 2010 - 7 p.m. - Rockingham County Training Center, 20 East Gay Street, Harrisonburg, VA
February 20, 2010 - 10 a.m. - Southwest Virginia Higher Education Executive Auditorium, P.O. Box 1987, One Partnership Circle, Abingdon, VA
February 23, 2010 - 7 p.m. - Centra Southside Community Hospital, 800 Oak Street, Farmville, VA
February 25, 2010 - 7 p.m. - Virginia Beach Convention Center, 1000 19th Street, Virginia Beach, VA
Public Comments: Public comments may be submitted until March 19, 2010.
Agency Contact: Michael Berg, Regulatory and Compliance Manager, Department of Health, 109 Governor St., Richmond, VA 23219, telephone (804) 864-7615, or email michael.berg@vdh.virginia.gov.
Basis: Section 32.1-12 of the Code of Virginia provides the Board of Health (board) the authority to promulgate regulations to carry out the provisions of Title 32.1 of the Code of Virginia. Section 32.1-111.4 directs the board to establish requirements regarding emergency medical services.
Purpose: The purpose of these regulations is to protect the health, safety, and welfare of Virginia's citizens by ensuring that a quality standard for the provision of emergency medical services (EMS) exists throughout the Commonwealth. The rules and regulations governing EMS were last revised and adopted by the Board of Health six years ago. The provision of EMS is dynamic and the proposed regulations address the many associated changes arising from improved practice and technology as well as increased public expectations and awareness. These regulations contain criteria, standards, and requirements for EMS agencies, personnel, vehicles, training programs, medical direction, designation of regional EMS councils, and financial assistance for EMS agencies. Many guidelines and procedures that historically have been separated are consolidated in the proposed regulation.
Substance: Substantive changes include: (i) amending definitions; (ii) adding civil penalties to the enforcement provisions; (iii) adding a local EMS response plan for designated emergency response agencies; (iv) adding a National Crime Information Center (NCIC) background check on affiliated EMS personnel; (v) amending personnel conduct standards to reflect requirements similar to that of the National Registry of Emergency Medical Technicians (EMTs); (vi) requiring compliance with the Virginia Interoperability Plan with regards to the communications section; (vii) revising the rotor and fixed wing operations requirements for licensure, training, personnel, and equipment; (viii) updating the various EMS vehicle equipment requirements; (ix) updating signature requirements for medication administration and use of epinephrine by the EMT as well as use of oxygen in personally owned vehicles; (x) defining a scope of practice for EMS providers; (xi) requiring reporting of mutual aid deployments under the Emergency Management Assistance Compact (EMAC) or for out-of-state EMS agencies; (xii) revising more succinctly the training provisions to include new national training and instructor levels along with testing and accreditation; (xiii) adjusting the EMS physician initial and re-endorsement process; and (xiv) making minor adjustments to the Regional EMS Council Designation process.
Issues: The primary advantage to the public, the Commonwealth, and all who travel through is a more concise and representative set of regulations allowing EMS agencies to conduct their activities using current and any future advances in the delivery of emergency medical care for the emergent and nonemergent patient. These regulations also address basic public health issues to include minimum training standards, EMS personnel requirements, selection of specialty centers for the acutely ill patient, and reporting requirements to provide real-time information to monitor resources and trends both on a state and national level thereby increasing the protection of the health, safety, and welfare of the citizens and visitors to the Commonwealth. There are no disadvantages to the public or the Commonwealth.
The Department of Planning and Budget's Economic Impact Analysis:
Summary of the Proposed Amendments to Regulation. The State Board of Health is proposing numerous changes to its emergency medical services (EMS) regulations to incorporate new definitions, legislative changes, federal mandates, to clarify certain provisions, and to include recommended practices.
Result of Analysis. The benefits likely exceed the costs for all proposed changes.
Estimated Economic Impact. The State Board of Health is proposing numerous changes to its emergency medical services (EMS) regulations to incorporate new definitions, legislative changes, and federal mandates, to clarify certain provisions, and to include recommended practices.
One of the significant proposed changes is allowing localities to develop their own emergency response agency standards. Under the proposed changes, localities would be able to set their own individual response time standards which must be met in at least 90 percent of the cases. Ability to develop individual standards will allow flexibility for localities that have relatively limited resources and may not be able to meet the standards of other localities.
The proposed regulations will also require a National Crime Information Center background check on affiliated EMS personnel. Currently, only a statewide criminal background check is performed. With the proposed regulations, a nationwide background check will be performed. The department does not anticipate any additional costs as a result of this requirement since a fixed amount of funding ($25,000) is provided to the State Police to cover the background checks will not be affected.
Another significant change is the increase in the required supply count of triage tags. The proposed language would require each EMS vehicle to have 25 triage tags on supply. Currently, the language permits EMS agencies to maintain a total supply of 75 tags in a location accessible by all agency personnel. To comply with the proposed change, some agencies may need to maintain a larger supply of triage tags. The unit cost of the tags is believed to be minimal.
Finally, the proposed changes remove the prohibition on firearms, weapons, and explosives. This change would allow for any emergency response personnel to carry any of the aforementioned artillery.
Businesses and Entities Affected. The proposed changes apply to approximately 800 EMS agencies with over 34,000 certified personnel.
Localities Particularly Affected. The proposed regulations apply throughout the Commonwealth.
Projected Impact on Employment. The proposed regulations are not anticipated to have any significant impact on employment.
Effects on the Use and Value of Private Property. The proposed regulations are not anticipated to have any significant impact on the use and value of private property.
Small Businesses: Costs and Other Effects. The proposed regulations are not anticipated to have any significant cost and other effects on small businesses.
Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed regulations are not anticipated to have any significant adverse impact on small businesses.
Real Estate Development Costs. The proposed regulations are not anticipated to create any significant real estate development costs.
Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 36 (06). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.
Agency's Response to the Department of Planning and Budget's Economic Impact Analysis: The agency concurs substantially with the economic impact analysis submitted by the Department of Planning and Budget.
Summary:
The provision of emergency medical services (EMS) is a dynamic process that is continually changing due to advances in science, technology, legislation, federal mandates, evidence-based practices, and other factors. The proposed revisions incorporate changes in terminology, testing practices, enforcement, agency responsibilities, certification levels, reporting requirements, and training and EMS physician requirements. Additional proposed changes include adding civil penalties to the enforcement provisions, allowing localities to develop their own emergency response agency standards, requiring a National Crime Information Center background check on affiliated EMS personnel, increasing the required su