Virginia Register Of Regulations Vol. 11 Iss. 15

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OF REGULATIONSVADOCVOLUME ELEVEN ISSUE FIFTEENApril17, 1995Pages 2341 Through 2484

THE VIRGINIA REGISTER INFORMATION PAGEThe Virginia Register is an official state publication issuedevery other week throughout the year. Indexes are publishedquarterly, and the last index of the year is cumulative.The Virginia Register has several functions. The full text of allregulations, both as proposed and as finally adopted or changed byamendment, is required by law to be published in The VirginiaRegister of Regulations.In addition, the Virginia Register is a source of otherinformation about state government, including all EmergencyRegulations issued by the Governor, and Executive Orders, theVirgin'1a Tax Bulletin issued periodically by the Department ofTaxation, and notices of all public hearings and open meetings ofstate agencies.A regulation becomes effective at the conclusion of this thirtyday final adoption period, or at any other later date specified by thepromulgating agency, unless (i) a legislative objection has beenfiled, in which event the regulation, unless withdrawn, becomeseffective on the date specified, which shall be after the expiration of'the twenty-one day extension period; or (ii) the Governor exerciseshis authority to suspend the regulatory process for solicitation ofadditional public comment, in which event the regulation, unlesswithdrawn, becomes effective on the date specified, which shall beafter the expiration of the period for which the Governor hassuspended the regulatory process.Proposed action on regulations may be withdrawn by thepromulgating agency at any time before the regulation becomesfinal.ADOPTION, AMENDMENT, AND REPEAL OF REGULATIONSEMERGENCY REGULATIONSAn agency wishing to adopt, amend, or repeal regulationsmust first publish in the Virginia Register a notice of proposedaction; a basis, purpose, impact and summary statement; a noticegiving the public an opportunity to comment on the proposal; andthe text of the proposed regulations.If an agency determines that an emergency situation exists, itthen requests the Governor to issue an emergency regulation. Theemergency regulation becomes operative upon its adoption andfiling with the Registrar of Regulations, unless a later date isspecified. Emergency regulations are limited in time and cannotexceed a twelve-month duration. The emergency regulations willbe published as quickly as possible in the Virginia Register.Under the provisions of the Administrative Process Act, theRegistrar has the right to publish a summary, rather than the fulltext, of a regulation which is considered to be too lengthy. In suchcase, the full text of the regulation will be available for publicinspection at the office of the Registrar and at the office of thepromulgating agency.Following publication of the proposal in the Virginia Register,s'1xty days must elapse before the agency may take action on theproposal.During this time, the Governor and the General Assembly willreview the proposed regulations. The Governor will transmit hiscomments on the regulations to the Registrar and the agency andsuch comments will be published in the Virginia RegisterUpon receipt of the Governor's comment on a proposedregulation, the agency (i) may adopt the proposed regulation, if theGovernor has no objection to the regulation; (ii) may modify andadopt the proposed regulation after considering and incorporatingthe Governor's suggestions; or (iii) may adopt the regulationwithout changes despHe the Governor's recommendations forchange.The appropriate standing committee of each branch of theGeneral Assembly may meet during the promulgation or finaladoption process and file an objection with the Registrar and thepromulgating agency.The objection will be published in theVirginia Register. Within twenty-one days after receipt by theagency of a legislative objection, the agency shall file a responsewith the Registrar, the objecting legislative committee, and theGovernor.When final action is taken, the promulgating agency mustagain publish the text of the regulation as adopted, highlighting andexplaining any substantial changes in the final regulation. A thirty·day final adoption period will commence upon publication in theVirginia Register.The Governor will review the final regulation during this timeand if he objects, forward his objection to the Registrar and theagency. His objection will be published in the Virginia Register. Ifthe Governor finds that changes made to the proposed regulationHe substantial, he may suspend the regulatory process for thirtydays and require the agency to solicit additional public comment onthe substantial changes.During the time the emergency status is in effect, the agencymay proceed with the adoption of permanent regulations throughthe usual procedures (See "Adoption, Amendment, and Repeal ofRegulations," above). If the agency does not choose to adopt theregulations, the emergency status ends when the prescribed timelimit expires.STATEMENTThe foregoing constitutes a generalized statement of theprocedures to be followed. For specific statutory language, it issuggested that Arttcle 2 of Chapter 1.1:1 (§§ 9-6.14:6 through 96.14:9) of the Code of Virginia be examined .carefully.CITATION TO THE VIRGINIA REGISTERThe Virginia Register is cited by volume, issue, page number,and date. 1:3 VA.R. 75·77 November 12, 1984 refers to Volume1, Issue 3, pages 75 through 77 of the Virginia Register issued onNovember 12, 1984."The Virginia Register of Regulations" (USPS·001831) ispublished bi-weekly, except four times in January, April, July andOctober, for 100 per year by the Virginia Code Commission,General Assembly Building, Capitol Square, Richmond, Virginia23219. Telephone (804) 786-3591. Second-Class Postage RatesPaid at Richmond, V'1rginia.POSTMASTER:Send addresschanges to The Virginia Register of Regulations, 910 CapitolStreet, 2nd Floor, Richmond, Virginia 23219.The Virginia Register of Regulations is published pursuant toArticle 7 of Chapter 1 11 (§ 9-6.14:2 et seq.) of the Code ofVirglnia. Individual copies are available for 4 each from theRegistrar of Regulations.Members of the Virginia Code Commission:Joseph V.Gartlan, Jr., Chairman, W. Tayloe Murphy, Jr., Vice Chairman;Russell M. Carneal; Bernard S. Cohen; FrankS. Ferguson; L.Cleaves Manning; E. M. Miller, Jr.; Theodore V. Morrison, Jr.;William F. Parkerson, Jr.; Jackson E. Reasor, Jr.Staff of the Virainia Register: Joan W. Smith, Registrar ofRegulations; Jane D. Chaffin, Assistant Registrar of Regulations.

PUBLICATION DEADLINES AND SCHEDULESJanuary 1995 through March 1996Material SubmittedBy Noon WednesdayWill Be Published OnVolume 11March 29, 1995April17, 1995April 12, 1995May 1, 1995April 26, 1995May 15, 1995May 10, 1995May 29, 1995May 24, 1995June 12, 1995June 7, 1995June 26, 1995INDEX 3- Volume 11July 1995June21, 1995July 10, 1995July 5, 1995July 24, 1995July 19, 1995August?, 1995August 2, 1995August 21, 1995August 16, 1995September 4, 1995August 30, 1995September 18, 1995FINAL INDEX- Volume 11October 1995Volume 12September 13, 1995October 2, 1995September 27, 1995October 16, 1995October 11, 1995October 30, 1995October 25, 1995November 13, 1995November 8, 1995November 27, 1995November21, 1995 (Tuesday)December 11, 1995December 6, 1995December 25, 1995INDEX 1 -Volume 12January 1996December 19, 1995 (Tuesday)January 8, 1996January 3, 1996January 22, 1996January 17, 1996February 5, 1996January 31, 1996February 19, 1996February 14, 1996March 4, 1996February 28, 1996March 18, 1996INDEX 2- Volume 12April1996Virginia Register of Regulations

TABLE OF CONTENTSNOTICES OF INTENDED REGULATORYACTIONNotices of Intended Regulatory Action . .Department of Mines, Minerals and Energy . .STATE AIR POLLUTION CONTROL BOARD. 2343PUBLIC COMMENT PERIODS -PROPOSEDREGULATIONSBoard for Accountancy . .FINAl REGULATIONSRegulations for the Control and Abatement of Air Pollution(Revision HH -- Rule 5-6, Regulated Medical WasteIncinerators). (VR 120-01) . . 2405DEPARTMENT OF PROFESSIONAL ANDOCCUPATIONAL REGULATION. 2346. 2346Department of State Police . 2346PROPOSED REGULATIONSPublic Participation Guidelines (REPEALED). (VR 140-01-01)············ . 2411Rules and Regulations of the Virginia Athletic Board(REPEALED). (VR 140-01-02). .DEPARTMENT OF LABOR AND INDUSTRYBOARD FOR ACCOUNTANCYSafety and Health Codes BoardBoard for Accountancy Regulations. (VR 105-01-2) . 2347DEPARTMENT OF GAME AND INLAND FISHERIES(BOARD OF)Game: In General(§§ 6-1, 7 and 27). (VR 325-02-1) . 2357.2411Marine Terminals Standard (1917.1-1917.158). (VR 425-0203). ·····················. 2412Logging Operations (191 0.266). (VR 425-02-52) . 2413Game: Crow(§ 1). (VR 325-02-5) . 2362Electric Power Generation, Transmission and Distribution,General Industry (1910.269). (VR 425-02-97) .2415Game: Deer(§§ 2-1, 4, 5, 7, 7.1, 7.2, 10, 11, 13, 14, 14.2, 15and 17). (VR 325-02-6) . 2362Agriculture Industry Standard for Applicable Standards in 29CFR 1910 (1928.21). (VR 425-02-99). 2417Game: Turkey(§§ 1, 2, 2-1 and 4). (VR 325-02-22) . 2365Agriculture Industry Standard for Applicable Standards in 29CFR 1910 (1928.21). (VR 425-02-99) . 2419VIRGINIA HOUSING DEVELOPMENT AUTHORITYRetention of Dot Markings. Placards, and Labels; GeneralIndustry (1910.1201). (VR 425-02-179). 2421Rules and Regulations for Single Family Mortgage Loans toPersons and Households of Low and Moderate Income.(VR 400-02-0003) . 2367Retention of Dot Markings, Placards, and Labels; ShipyardEmployment (1915.1 00). (VR 425-02-180).2423Rules and Regulations for Allocation of Low-Income HousingTax Credits. (VR 400-02-0011) . 2382Retention of Dot Markings, Placards, and Labels; Longshoring(1918.100). (VR425-02-181). . 2425DEPARTMENT OF MEDICAL ASSISTANCESERVICES (BOARD OF)Retention of Dot Markings, Placards, and Labels; ConstructionIndustry (1926.61). (VR 425-02-182) . . 2427Methods and Standards for Establishing Payment Rates-Inpatient Hospital Care (Hospital Reporting Requirements).(VR 460-02- 4.1910) . 2396DEPARTMENT OF MINES, MINERALS AND ENERGYCompetent Person, General Provisions, Shipyard Employment(1915.7). (VR 425-02-183). . 2429Confined and Endosed Spaces and Other DangerousAtmospheres, Shipyard Employment (1915.11-1915.16).(VR 425-02-184) . 2431Coal Surface Mining Reclamation Regulation (VR 480-0319.816.102 and VR 480-03-19.817.102. Backfilling andGrading: General Requirements). (VR 480-03-19) . 2396STATE CORPORATION COMMISSIONPROPOSED REGULATIONDEPARTMENT OF STATE POLICESale of Noncredit-Related Life Insurance in Consumer FinanceRegulations Governing the Operation and Maintenance of theSex Offender Registry. (VR 545-01-18) . 2400Offices. (VR 225-01-0607) .Volume 11, Issue 15. 2434Monday, April17, 19952341

Table of ContentsSCHEDULES FOR COMPREHENSIVEREVIEW OF REGULATIONSFINAL REGULATIONRules Governing Essential and Standard Health Benefit PlanContracts. (Insurance Regulation No. 46) . 2435. 2454Board for Cosmetology . .ADMINISTRATIVE LETTERReal Estate Appraiser Board . 2454RE: Standard and Essential Benefit Plans - Small EmployerMarket. (1995-7) . 2446Department of Social Services . . . 2454GENERAL NOTICES/ERRATASTATE LOTTERY DEPARTMENTVIRGINIA CODE COMMISSIONDIRECTOR'S ORDERSNotice to State AgenciesVirginia's Forty-Seventh Instant Game Lottery; "Lucky for Life,"Final Rules for Game Operation. (5-95) . 2448. 2456Forms for Filing Material on Dates for Publication in TheVirginia Register of Regulations. . . 2456Virginia's Instant Game Lottery; "Casino Cash," Final RulesFor Game Operation. (6-95). 2448CALENDAR OF EVENTSGOVERNOREXECUTIVEEXECUTIVE ORDERSOpen Meetings and Public Hearings. . . 2457Declaration of a State of Emergency Arising From a SevereWinter Storm Which Threatened the Commonwealth.(42-95). . 2449LEGISLATIVEDesignation of Housing Credit Agency Under Federal TaxReform Act of 1986. (43-95) . 2450The Governor's Commission on Juvenile Justice Reform. . 2450(44-95) . . .Open Meetings and Public Hearings . 2481CHRONOLOGICAL LISTOpen Meetings.Public Hearings .Workforce Reduction (REVISED). (45-95) . 2451Virginia Register of Regulations2342. . 248',. . 2483

NOTICES OF INTENDED REGULATORY ACTION-------,--tSymbol Key tIndicates entries since last publication of the Virginia Register2.Administrationproceedings;STATE AIR POLLUTION CONTROL BOARDNotice of Intended Regulatory Actionofassociatedhearingsand3. Approval of local ordinances;Notice is hereby given in accordance with this agency's publicparticipation guidelines that the State Air Pollution ControlBoard intends to consider promulgating regulations entitled:VR 120-50-01. Regulation for General Administration. Thepurpose of the proposed action is to develop a regulation togovern general (not program-specific) administration for theentire regulatory programs of the State Air Pollution ControlBoard.4. Appeal of board decisions;5. Right of entry upon public and pr'rvate property;6. Approval of items with conditions;17. Availability of procedural information and guidance;8.Approval of certainconsiderations; 2 andPublic meeting: A public meeting will be held at the StateCapitol, House Room 1, Richmond, Virginia, at 9 a.m. onThursday, May 4, 1995, to discuss the intended action. Unlikea public hearing, which is intended only to receive testimony,this meeting is being held to discuss and exchange ideas andinformation relative to regulation development.itemsrequiringspecific9. Availability of information to the public.Alternatives:1.Devote one regulation specifically to generaladministration. This course of action would ensure legaland procedural consistency between the stationary sourceregulations and the mobile source regulations. It wouldfurthermore eliminate the need to repeat language.Accessibility to persons with disabilities: The meeting is beingheld at a public facility believed to be accessible to personswith disabilities.Any person with questions on theaccessibility of the facility should contact Deborah Pegram atthe Office of Regulatory Services,Department ofEnvironmental Quality, P.O. Box 10009, Richmond, V' rginia23240, or by telephone at (804) 762-4041 or TDD (804) 762:4021. Persons needing interpreter services for the deaf mustnotify Ms. Pegram no later than April 20, 1995.2. Take no action. The continuation of the current systemwill perpetuate the need to repeat language in both thestationary source and mobile source regulations.Because the repeated provisions are not consistent witheach other, potential legal and procedural problems willcontinue to exist and will be exacerbated as newregulations are promulgated.Ad Hoc Advisory Group:The department is solicitingcomments on the advisability of forming an ad hoc advisorygroup using a standard advisory committee, or consulting withgroups or individuals registering interest in working with thedepartment to assist in the drafting and formation of anyproposal. Any comments relative to this issue must besubmitted in accordance with the procedures described underthe "Request for Comments" section above.Costs and benefits: The department is soliciting comments onthe costs and benefits of the alternatives stated above or otheralternatives.1Such items may include but are not limited to variances, controlprograms, and permits.2Such items are the same as those listed in footnote 1. Specificconsiderations may include but are not limited to (i) the characterand degree of injury to or interference with safety, health or thereasonable use of property which is caused or threatened to becaused; (ii) the social and economic value of the activity involved;(iii) the suitability of the activity to the area in which it is located;and {iv) the scientific and economic practicality of reducing oreliminating the discharge resulting from such activity.Public heanna olans The department will hold at least onepublic hearing to provide opportunity for public comment onany regulation amendments drafted pursuant to this notice.Need: Currently, general administration is addressed withinthe board's two major categorres of regulations, with some ofthe administrative provisions in the stationary sourceregulations reiterated in the mobile source regulations. Theregulatory language is thus unnecessarily repetitive.Furthermore, the repeated provisions are not consistent witheach other, thus creating the potential for problems in legaland procedural interpretation. The anticipated promulgation ofseveral more mobile source regulations in the near future willexacerbate the problem. To solve the problem, the boardwishes to develop a regulation on general administration toserve its entire regulatory program. Matters addressed by thisregulation will include but not be limited to:Statutory Authority: § 10.1-1308 of the Code of Virginia.Public comments may be submitted until 4:30 p.m., Thursday,May 4, 1995, to the Manager, Air Programs Section,Department of Environmental Quality, P.O. Box 10009,Richmond, Virginia 23240.Contact: Dr. Kathleen Sands, Policy Analyst, Air ProgramsSection, Department of Environmental Quality, P.O. Box10009, Richmond, VA 23240, telephone (804) 762-4413.1.Applicability, establishment, and enforcement ofregulations (including variances thereto) and orders;Volume 11, Issue 15VA.R. Doc. No. R95-359; Filed March 15, 1995, 11:05 a.m.Monday, Apri/17, 19952343

Notices of Intended Regulatory Actionpharmacy related topic (e.g. Category I CME's whichrelate to drug therapy),BOARD OF AUDIOLOGY AND SPEECH-LANGUAGEPATHOLOGY2.Notice of Intended Regulatory ActionAmending fax regulation to include schedule 11-Vconsistent with new federal regulations -- have receivedpetition for rulemaking (current regulation is particularlyburdensome to pharmacies serving nursing homes andNotice is hereby given in accordance with this agency's publicparticipation guidelines that the Board of Audiology andSpeech-Language Pathology intends to consider amendingregulations entitled: VR 155-01-2:1. Regulations of theBoard of Audiology and Speech-language Pathology. Thepurpose of the proposed action is to reduce fees incompliance with the law and the required functions of a boardwithin the Department of Health Professions. The agencyintends to hold a public hearing on the proposed regulationafter publication.home infusion pharmacies),3.Reducing the 30-day notice to the board forpharmacies which wish to close to a 15-day notice to beconsistent with the 1994 statute change reducing the timefor notice to the public,4. Better regulation of the use of automated dispensingmachines which are being used in current practice, butprobably not in compliance with current regulations andStatutory Authority: §§ 54.1-113 and 54.1-2400 of the Code ofVirginia.law,Public comments may be submitted until May 3, 1995.transmission of prescriptions by practitioners to pharmacyand from one pharmacy to anot

October 11, 1995 October 25, 1995 November 8, 1995 November21, 1995 (Tuesday) December 6, 1995 INDEX 1 -Volume 12 December 19, 1995 (Tuesday) January 3, 1996 January 17, 1996 January 31, 1996 February 14, 1996 February 28, 1996 INDEX 2-Volume 12 Volume 11 Volume 12 Will Be Published On April17, 1995 May 1, 1995 May 15, 1995

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