PETITIONS FOR RULEMAKINGVol. 26 Iss. 26 - August 30, 2010
TITLE 2. AGRICULTURE
PESTICIDE CONTROL BOARD
Agency Decision
Title of Regulation: 2VAC20-51. Regulations Governing Pesticide Applicator Certification Under Authority of Virginia Pesticide Control Act.
Statutory Authority: § 3.2-3906 of the Code of Virginia.
Name of Petitioner: Matt Crabbe, Crabbe Aviation, L.L.C.
Nature of Petitioner's Request: Requesting that the Virginia Pesticide Control Board prescribe additional experience requirements for certified commercial aerial applicators who are seeking to own and operate a commercial aerial pesticide application business. The petitioner proposes that the applicator have at least two years of experience in the field and a minimum of 300 hours performing actual aerial application.
Agency Decision: Request denied.
Statement of Reason for Decision: At its July 15, 2010, quarterly meeting the Pesticide Control Board denied this request. Reasons for the decision included the board's concern that this action would have a disparate impact on commercial aerial applicators who sought to operate a business vs. noncertified persons who could own and operate such a business while hiring qualified aerial applicators. The board also determined there did not appear to be a consensus among other state pesticide licensing agencies on this issue so that setting specific experience standards for aerial applicators ought to be determined by the Federal Aviation Agency and the Virginia Department of Aviation.
Agency Contact: Roy E. Seward, Jr., Regulatory Coordinator, Department of Agriculture and Consumer Services, Oliver W. Hill, Sr. Building, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-3535, or email roy.seward@vdacs.virginia.gov.
VA.R. Doc. No. R10-50; Filed July 30, 2010, 5:08 p.m.
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TITLE 9. ENVIRONMENT
AIR POLLUTION CONTROL BOARD
Agency Decision
Title of Regulation: None specified.
Statutory Authority: § 10.1-1308 of the Code of Virginia.
Name of Petitioner: Kenneth C. Strong.
Nature of Petitioner's Request: The State Air Pollution Control Board has received a petition to promulgate a new regulation concerning ELF magnetic fields around outdoor overhead high-voltage electric power transmission lines. The petitioner states that an overhead high-voltage electric power transmission line conductor is a substance in the outdoor atmosphere that is or may be harmful to public health because of, but not limited to, the alternating motion of the conductor's electrons that establish an ELF magnetic field around the conductor. The petitioner asserts that ELF magnetic fields are possibly carcinogenic to humans, a reasonable precaution against exposures to the magnetic fields is necessary, and practices that encourage proximity to overhead transmission lines should be discouraged.
The specific requested regulation is:
For any outdoor overhead electric power transmission line 115 kilovolts or more, the owners of underlying real property and the transmission line company shall not grant permission for public recreational trails or public recreational areas within the company's right-of-way or within an area typical of company right-of-ways should no legal right-of-way agreement exist, except that necessary crossings are exempt from the rule.
A copy of the full petition is available from Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.
Agency Decision: Request denied.
Statement of Reason for Decision: At the State Air Pollution Control Board meeting on June 4, 2010, the board unanimously voted to deny the petitioner's request for rulemaking. The board's decision was based on the following:
1. Neither high-voltage electric power transmission lines nor the ELF magnetic fields generated by them are either a source of air pollutants or air pollutants in and of themselves. The board is restricted by statute to regulating air pollutants; it cannot regulate phenomena such as those identified by the petitioner.
2. The board has the authority to control pollutants emitted from a variety of sources; the board does not have the authority to control land use in proximity to a specific air pollution source. Such siting criteria and zoning issues are governed by other governmental agencies.
3. The State Corporation Commission is the entity responsible for approval of siting for electric power transmission lines. The board has no authority with respect to approval or regulation of siting for power lines.
Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.
VA.R. Doc. No. R10-51; Filed August 8, 2010, 6:47 p.m.
