Notices for Week of: SEPTEMBER 1, 2005
PROPOSED STATE RULES
By law, public notice of proposed rules must be given by publication in newspapers of record. The purpose of these notices is to give the public a chance to respond to the proposals. The public notices for administrative rules are now also available online at http://vermont-archives.org/aparules/ovnotices.htm The law requires an agency to hold a public hearing on a proposed rule, if requested to do so in writing by 25 persons or an association having at least 25 members.
To make special arrangements for individuals with disabilities or special needs please call or write the contact person listed below as soon as possible
To obtain further information concerning any scheduled hearing(s), obtain copies of proposed rule(s) or submit comments regarding proposed rule(s), please call or write the contact person listed below. You may also submit comments in writing to the Legislative Committee on Administrative Rules, State House, Montpelier, Vermont 05602 (828-2231).
Granting Reintegration Furlough
Vermont Proposed Rule: 05P042
AGENCY: Human Services, Dept. of Corrections
CONCISE SUMMARY: This rule outlines the elements that the Commissioner of Corrections will take into account in making decisions to grant reintegration furlough. This rule proposes criteria that an inmate must meet prior to consideration of reintegration furlough. Considerations will include but not be limited to such elements as: inmate behavior while in prison, past history of violence, compliance with community supervision and risk to reoffend. Reintegration furlough created in 2005 by the general assembly allows an option for the release of incarcerated inmates for up to 90 days prior to the completion of their minimum sentence. Additional awards of time toward furlough may be earned; criteria for additional award is also included. By operation of law, all decisions to release an inmate are at the full discretion of the Commissioner or their designee and the decision is final.
TYPE OF PERSONS AFFECTED: Inmates, their families, law enforcement agencies, the Human Rights Commission, transitional and human service contractors and staff, victims of crime, housing agencies, employers, prosecutors and defenders, state and local law enforcement, Prisoners' Rights Office, VT Protection & Advocacy, offender advocates, Center for Crime Victim Services, Network Against Domestic and Sexual Violence; all DOC staff, managers and policy makers, Corrections Joint Legislative Oversight Committee, and Citizens Advisory Board.
COST BENEFIT ANALYSIS: Reintegration furlough may provide a reduction of cost from the roughly $43/day cost of an out of state bed to the cost of intensive supervision and GPS monitoring in the community of approximately $30 per day. The result in savings per offender awarded a 90-day furlough ($13/day) would amount to approximately $1,170 or $4,680 on an annualized basis. Many categories of people are affected by this rule: inmates, family members, human services and other transitional service contractors, victims of crime, prosecutors and defenders, advocates , employers, law enforcement agencies, housing agencies, DOC staff, and community members at large. It is difficult to estimate the effect in finite numbers on each group. In some cases demand for services may increase or decrease. For example, an offender entering the community may need addiction recovery support services, while at the same they may contribute to better economic stability of their household resulting in a decreased reliance on public sector support.
SCHEDULED HEARINGS: Two public hearings are scheduled - September 19, 2005 6-8 pm, Hampton Inn, Colchester, VT, and September 20, 2-4 pm, Holiday Inn Express, Springfield, VT.
DEADLINE FOR PUBLIC COMMENT: September 27, 2005.
FOR FURTHER INFORMATION, CONTACT: Suzanne Santarcangelo, 103 South Main St.
Waterbury, VT 05671-1001, (802) 241-4292
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Solid Waste Management Rules
Vermont Proposed Rule: 05P043
AGENCY: Vt. Agency of Natural Resources
CONCISE SUMMARY: A new subchapter 13 to regulate mining waste is established. The rule amends the definition of "discarded" and adds definitions relating to mining activity and mining waste. The "earth materials" exemption is eliminated. Other existing exemptions are modified to clarify when they apply. The interim certification provisions are amendment and revocation sections of the rule. Categorical certification requirements are amended to reflect the requirements of recent legislation.
TYPE OF PERSONS AFFECTED: Mining Industry, mineral processing businesses, solid waste districts, municipalities, environmental and conservation organizations, and Vermont residents living near a mining or mineral processing facility. The Agency of Natural Resources and the Tax Department will also have an interest in the rule relating to regulations and compliance.
COST BENEFIT ANALYSIS: Subchapter 13 will have an economic impact to those persons in the mining industry that generate mining waste containing chemical additive which can be the source of leachate harmful to the environment. Costs will depend on the nature of the chemical additives, the volume of the waste produced, and how the waste is managed. This will involve the costs for permitting, construction, operation and monitoring of facilities for the proper management of this waste. Mining waste that contains chemical additives that are not the source of leachate harmful to the environment may still require limited environmental oversight. Mining waste that contains no chemical additives will not be regulated under these rules with the exception of asbestos waste from an asbestos mining activity. The other modifications listed in #5 above will have little to no economic impact.
SCHEDULED HEARINGS: Wednesday, September 21st 2005, 6pm - 8pm, 440 Asa Bloomer State Office Building, 2nd Floor, Rutland, VT. Monday , September 26th 2005, 3pm - 5pm, Pavilion Office Building, 4th Floor, Montpelier, VT.
DEADLINE FOR PUBLIC COMMENT: October 4, 2005
FOR FURTHER INFORMATION, CONTACT: Chris Wagner, Chief, Certification and Compliance Section Solid Waste Management Program DEC 103 South Main Street, Waterbury, VT 05676 802-241-3483
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Accepted Agricultural Practice Rules
Vermont Proposed Rule: 05P044
AGENCY: Dept. of Agriculture, Food & Markets
CONCISE SUMMARY: This is a revision of an existing rule in place to protect water quality from agricultural non point source pollution. Specific changes include vegetative buffer provisions between cropland and surface water, soil testing requirements, restrictions on manure application, setbacks from wells to livestock pasturing areas, streambank management requirements and other manure and waste management requirements. Additionally, rules have been added to detail the Agency's authority, response and assistance with groundwater quality issues associated with agricultural operations.
TYPE OF PERSONS AFFECTED: Farmers, State Agency of Natural Resources, Agency of Agriculture, Department of Health, Federal agencies such as the USDA Natural Resource Conservation Service, Conservation Districts, service providers to the Agricultural community, farm organizations, environmental organizations and the general public.
COST BENEFIT ANALYSIS: Increased costs of operation will be incurred by farmers due to soil testing requirements for fields that receive mechanical application of manure ($9 per sample per field every 5 years). Costs associated with vegetative buffers are expected to be minimal s most fields already have these buffers in place. Streambank management requirements and animal disposal requirements will also add some cost to farm operations. In addition there will be costs associated with designing new waste storage facilities to NRCS standards after July 1, 2006. The Agency of Agriculture will also face increased costs from compliance and enforcement efforts.
SCHEDULED HEARINGS: Hearings will be held at 1:00pm on the following days: Wednesday, September 28, 2005; UVM Extension Office, Rutland. Tuesday September 27, 2005; Municipal Building, Swanton, Wednesday, October 5, 2005; Vermont Agency of Agriculture , Montpelier.
DEADLINE FOR PUBLIC COMMENT: October 14, 2005
FOR FURTHER INFORMATION, CONTACT: Jim Leland Agency of Agriculture Food & Markets, 116 State Street, Drawer 20, Montpelier, VT 05620-2901 802-828-3478
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Medium and Small Farm Operation Rules for Issuance of General and Individual Permits
Vermont Proposed Rule: 05P045
AGENCY: Dept. of Agriculture, Food & Markets
CONCISE SUMMARY: Farms with more than 200 mature dairy co2s and other farms with types of livestock that meet Medium Farm Operation (MFO) animal number criteria will be required to operate under the provisions of a general or individual permit. This rule will establish standards, procedures and requirements for general and individual permits addressing management and design standards to assure there is no discharge of farm wastes from the production area to state waters, nutrient management plan requirements, maintenance, record keeping, annual reporting requirements, and other site-specific conditions required by the Secretary of Agriculture to protect water quality. The rule allows farms smaller than the medium farm criteria to seek coverage under the general permit provided they meet the provisions of the general permit. The rule prescribes procedures for a public process for issuing general permits, permit appeals and enforcement procedures.
TYPE OF PERSONS AFFECTED: Farmers, Natural Resource Conservation Districts, USDA Natural Resource Conservation Service, UVM Extension Service, nutrient management consultants, agricultural engineers, farm organizations, environmental organizations, the Agency of Natural Resources, agricultural laboratories, the general public and the Vermont Agency of Agriculture, Food and Markets.
COST BENEFIT ANALYSIS: Farms will be required to have storage capacity for 180 days which can be a combination of NRCS approved waste structures and field stacking sites. For farms that do not have adequate waste storage, the average cost per animal to design and construct a waste structure is approximately $350 per animal. Farms may be required to design and construct silage leachate structures at an average cost of $18,500 per farm. Farms will be required to develop a nutrient management plan. The average cost of developing a nutrient management plan is $6 per acre, $9 per soil test for each field of 20 acres or less and $30 per manure test for each structure. Farmers will have an annual maintenance cost of at least $2 per acre for plan updates. Farms will be required to manage cropland to prevent soil erosion, increase buffers to reduce sediment flows, and maintain recordkeeping, all of which incur additional costs.
SCHEDULED HEARINGS: Hearings will be held at 1:00pm on the following days: Wednesday, September 28, — UVM Extension Office, Rutland, Tuesday, September 27 — Municipal building, Swanton, Wednesday, October 5 — Vermont Agency of Agriculture, Montpelier.
DEADLINE FOR PUBLIC COMMENT: October 14, 2005
FOR FURTHER INFORMATION, CONTACT: Phil Benedict, Director, Agency of Agriculture, Food and Markets, 116 State Street, Montpelier, VT 05620-2901 (802)828-2431
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Air Pollution Control Regulations, Subchapter XI, Low Emission Vehicles — Regulations to Control Greenhouse Gas Emissions from Motor Vehicles
Vermont Proposed Rule: 05P040
AGENCY: Vt. Agency of Natural Resources
FOR FURTHER INFORMATION, CONTACT: Richard A. Valentinetti, Director, Air Pollution Control Division, Department of Environmental Conservation, Agency of Natural Resources, 103 South Main Street, 3 South, Waterbury, VT 05671-3840 (802) 241-3840
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Air Pollution Control Regulations — Siting and Stack Height Standards for Outdoor Wood-fired Boilers; Control of Particulate Matter from New Outdoor Wood-fired Boilers
Vermont Proposed Rule: 05P041
AGENCY: Vt. Agency of Natural Resources
FOR FURTHER INFORMATION, CONTACT: Richard A. Valentinetti, Director, Air Pollution Control Division, Agency of Natural Resources, 103 South Main Street, 3 South, Waterbury, VT 05671-0402 (802) 241-3840
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- If you have general questions about the rulemaking process, please contact
- Louise Corliss by e-mail at or by phone 802-828-2863
