GENERAL NOTICES/ERRATA
Vol. 25 Iss. 19 - May 25, 2009

GENERAL NOTICES/ERRATA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Consent Order - Foster Fuels, Inc.

An enforcement action has been proposed for Foster Fuels, Inc. for an alleged violation in Giles County, Virginia. The special order by consent will address and resolve an alleged violation of environmental law and regulations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Jerry Ford, Jr. will accept comments by email at jerry.ford@deq.virginia.gov or postal mail at Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, from May 26, 2009, to June 24, 2009.

Proposed Consent Order - Liberty University, Inc.

An enforcement action has been proposed for Liberty University, Inc. for alleged violations at the University’s campus located in the City of Lynchburg, Virginia. The Department of Environmental Quality (DEQ) proposes to issue a consent order as a settlement to resolve compliance deficiencies of the Virginia Water Control Law. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. G. Marvin Booth, III will accept comments by email at marvin.booth@deq.virginia.gov, FAX (434) 582-5125 or postal mail at Department of Environmental Quality, Blue Ridge Regional Office, 7705 Timberlake Road, Lynchburg, VA 24502, from May 25, 2009, to June 25, 2009.

Total Maximum Daily Load - Four Mile Run

Announcement of a total maximum daily load (TMDL) study to restore water quality in the bacteria impaired portion of tidal Four Mile Run.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Virginia Department of Conservation and Recreation announce the second technical advisory committee (TAC) meeting for the tidal Four Mile Run bacteria TMDL study.

Technical advisory committee meeting: Monday, June 15, 2009, 10:30 a.m. to Noon, Shirlington Branch Library, Campbell Meeting Room, 4200 Campbell Avenue, Arlington, VA 22206.

Meeting description: This is the second technical advisory committee meeting for this project. The purpose of the TAC will be to provide technical input and insight for the project, and to assist with stakeholder and public participation.

Description of study: The tidal portion of Four Mile Run has been identified as impaired on the Clean Water Act § 303(d) list for not supporting the primary contact recreation use due to elevated levels of E. coli bacteria. Virginia agencies are working to identify the sources of bacteria contamination in this stream segment. The impaired segment of tidal Four Mile Run is located in Arlington County and the City of Alexandria. Below is a description of the impaired portion of Four Mile Run that will be addressed in this study:

Stream Name

Localities

Impair-ments

Area
(miles2)

Upstream
Limit

Downstream
Limit

Four Mile Run (Tidal Waters)


Arlington County

City of Alexandria


Recrea-tional use Impair-ment due to E. coli bacteria

0.0516

Tidal waters of Four Mile Run, approxi-mately 1.46 rivermiles upstream from the mouth of the river

Confluence with the Potomac River

This study will focus on the tidal portion of Four Mile Run. A bacteria TMDL for the nontidal portion of Four Mile Run was completed in 2002.  During this study, DEQ will develop a total maximum daily load, or a TMDL, for the impaired stream segment. A TMDL is the total amount of a pollutant a water body can receive and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL allocated amount.

How to comment: The public comment period on the materials presented at the TAC meeting will extend from June 15, 2009, to July 14, 2009. DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting, and be received by DEQ during the comment period. Please send all comments to the contact listed below.

Contact for additional information: Katie Conaway, Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3804, or email mkconaway@deq.virginia.gov.

Total Maximum Daily Load - Mill and Powhatan Creek Watersheds

The Department of Environmental Quality (DEQ), the Department of Conservation and Recreation, the Hampton Roads Planning District Commission, and James City County invite citizens to a public meeting to discuss the development of an implementation plan (IP) to address fecal bacteria impairments in the Mill and Powhatan Creek Watersheds. Water quality monitoring indicates that bacteria levels in Mill and Powhatan Creeks violate Virginia’s water quality standards for primary contact recreation. A total maximum daily load (TMDL) study for the impairments was approved by EPA in 2009 and is available on DEQ’s website at http://www.deq.virginia.gov/tmdl/drftmdls/millpowec.pdf.

The implementation plans will identify ways to meet the pollutant reductions outlined in the TMDL study.

The first public meeting to begin development of the TMDL implementation plan will be held on Thursday, June 18, 2009, at 6:30 p.m., James City/Williamsburg Community Center, Meeting Rooms A & B, 5301 Longhill Road, Williamsburg, VA 23188.

The purpose of the meeting is to discuss the proposed reductions in bacteria needed in the affected watersheds and to solicit public participation for the IP development.

The IPs will include the corrective actions needed to reduce bacteria and the associated costs, benefits, and environmental impacts. The IPs will also provide measurable goals and a timeline of expected achievement of water quality objectives. A fact sheet on the development of the IPs is available upon request.

How to comment:  The public comment period on the development of the IP will end on July 17, 2009. Oral comments will be accepted and addressed at the public meeting. Additional questions or information requests should be addressed to Jennifer Howell. Written comments and inquires should include the name, address, and telephone number of the person submitting the comments and should be sent to Jennifer Howell at Department of Environmental Quality, 5636 Southern Blvd., Virginia Beach, VA 23262, telephone (757) 518-2111, FAX (757) 518-2003 or email jshowell@deq.virginia.gov or Jennifer Tribo at Hampton Roads Planning District Commission, 723 Woodlake Dr., Chesapeake, VA 23320, telephone (757) 366-4344, FAX (757) 523-4881, or email jtribo@hrpdc.org.

DEPARTMENT OF HEALTH

Notice of Public Comment Period on the America Recovery and Reinvestment Act of 2009 (ARRA) Funds through Virginia's Drinking Water State Revolving Fund (DWSRF) Program

Introduction – ARRA Funds

Section 1452(b)(1) of the Safe Drinking Water Act Amendments (SDWA) of 1996 (P.L. 104-182), establishes the Drinking Water State Revolving Fund (DWSRF) program through a capitalization grant and requires the Commonwealth of Virginia develop an intended use plan (IUP). This IUP proposes the utilization of Safe Drinking Water Act State Revolving Funds and provides a draft list of projects targeted for financial assistance though this program. This draft IUP and the list of projects are made available to the public for review and comment at:

www.vdh.virginia.gov/drinkingwater/financial/ economicstimulusfunds.htm.

In accordance with the federal SDWA of 1996, the Virginia Department of Health (VDH) Office of Drinking Water is making application for a federal funding capitalization grant for the DWSRF program under the American Recovery and Reinvestment Act (ARRA) of 2009.

The ARRA grant application consists of the IUP, the Project Priority List and the Comprehensive Project List. The Virginia Drinking Water State Revolving Fund Program - Program Design Manual, dated January 12, 2009, is part of the IUP and outlines the program’s overall goal, the set-aside and construction aspects of the program, entities eligible for funding, interest rates and terms, and criteria used to establish a project priority list.

In compliance with the requirement in SDWA § 1452(b)(1), the ARRA IUP (in draft form) is being made available to the public for review and comment.

The annual 2010 DWSRF list will be developed and made public at a later date.

Available Funding

The federal allotment to Virginia from the federal ARRA stimulus package for Drinking Water State Revolving Fund Program projects is $20,761,000. According to the federal requirements for acceptance of these funds, a minimum of 50% of the funds must be distributed as principal forgiveness loans, and an additional 20% of the funds should be utilized for projects that include green infrastructure, water efficiency, energy efficiency, or other environmental innovative activities.

ARRA Project Solicitation

On January 12, 2009, the Virginia Department of Health issued a request for applications for Source Water Initiatives, Construction Funds, and Set-aside tasks. This request included solicitation for projects to be considered for construction funding under the ARRA. The VDH accepted applications through March 27, 2009. The VDH – Office of Drinking Water received 255 applications requesting $416,636,360. A listing of the applications received by VDH is included in the IUP as Attachment A.

The applications were evaluated using the EPA-approved criteria used for DWSRF applications. The ARRA guidance includes an additional requirement for "readiness to proceed" and this was also used during the project evaluation.

The criteria used for the ARRA evaluation included: acute, chronic, and public health risk of the applying project, the cost of the public water to the users relative to the state average, the mean household income of the affected public, the impact on regionalization of the waterworks, additional funding utilized for the project, the cost of the project per connection, and readiness to proceed.

The prioritization of the projects is based on scores from these criteria, weighted to the public health criteria. A draft list of the projects to receive ARRA funds is included in the IUP as Attachment B.

The Department of Health is presenting this draft list of ARRA projects for public review and comment. On May 20, 2009, at 9 a.m., a public meeting to solicit comments on the IUP and the draft list of projects for funding will be held at the Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060. For directions, call (804) 864-7500 or go to: www.deq.state.va.us/regions/piedmont.html.

Public Comment

The public comment and review period will end June 8, 2009 at 5 p.m. Written comments or questions should be directed to Mr. Steven D. Pellei, P.E., Department of Health, Office of Drinking Water, James Madison Building, Room 622, Richmond, VA 23219, ATTN: ARRA Public Comment.

Contact Information: S. D. Pellei, Virginia Department of Health, 109 Governor St., Richmond, VA 23219, telephone (804) 864-7500, FAX (804) 864-7521, or email steven.pellei@vdh.virginia.gov.

BOARD OF LONG-TERM CARE ADMINISTRATORS

Notice of Periodic Review

Review Announcement: The Board of Long-Term Care Administrators within the Department of Health Professions is preparing to conduct a periodic review of its general regulations governing the practice of nursing home administrators:

18VAC95-20, Regulations Governing the Practice of Nursing Home Administrators

The board is receiving comment on whether there is a need for amendments for clarification or for consistency with changes in practice.

Comment begins on May 25, 2009, and ends on June 24, 2009.

If any member of the public would like to comment on these regulations, please send comments by the close of the comment period to Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233. Comments may also be emailed to elaine.yeatts@dhp.virginia.gov or FAX (804) 527-4434.

Regulations for the practice of nursing home administrators may be viewed online at www.townhall.virginia.gov or www.dhp.virginia.gov or copies will be sent upon request.

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on May 5, 2009. The order may be viewed at the State Lottery Department, 900 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, Virginia.

Final Rules for Game Operation:

Director's Order Number Thirty-Six (09)

Virginia's On-Line Game; "Pick 3 With Boost" (effective 5/01/09)

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Changes to Reimbursement Methodology

The Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to amend the Virginia State Plan for Medical Assistance to provide for changes to the Methods and Standards for Establishing Payment Rates—Inpatient Hospital Services; Methods and Standards for Establishing Payment Rates—Other Types of Care; and Methods and Standards for Establishing Payment Rates—Long Term Care. The department intends to implement a number of changes in reimbursement methodology July 1, 2009, pursuant to the Appropriation Act (Chapter 781) of the 2009 Session of the General Assembly. These are cost savings measures arising from the need for budget reductions statewide. These changes are being made pursuant to the department’s authority under Title XIX of the Social Security Act, and are as follows:

Reimbursement Changes Affecting Hospitals (12VAC30-70)

-- Per Item 306 MMM, operating rates for all hospitals will not be increased for inflation. This action will lead to a total cost savings of $44.3 million in state fiscal year 2010.

-- Per Item 306 GGG, capital reimbursement for all hospitals will be reduced from 80% of cost to 75% of cost. This action will lead to a total cost savings of $8.7 million in state fiscal year 2010.

-- Per Item 306 BBB, reimbursement for long-stay hospitals will be modified to eliminate the incentive plan and to remove the additional 2.0% added to inflation for the escalator used to increase ceilings and inflate costs per day. This action will lead to a total cost savings of $2 million in state fiscal year 2010.

-- Per Item 306 FFF, operating rates for freestanding psychiatric hospitals will be rebased to 100% of 2005 costs inflated forward (but subject to other limitations on operating rates including no inflation in FY10). This action will lead to a total cost savings of $1.5 million in state fiscal year 2010.

Reimbursement Changes Affecting Other Providers (12VAC30-80)

-- Per Item 306 III, home health agencies will lose 50% of the inflation increase they received on January 1, 2009, and will not receive another inflation increase until July 1, 2010. This action will lead to a total cost savings of $0.6 million in state fiscal year 2010.

-- Per Item 306 XX, reimbursement for outpatient rehabilitation agencies will be changed from prospective cost-based provider specific rates subject to a ceiling to a statewide fee schedule. This change will achieve savings of $0.4 million equivalent to not receiving an inflation adjustment.

Pharmacy Dispensing Fee Reduction Per Item 306 WW, the agency is amending 12VAC30-80-40 (Fee-for-service providers: pharmacy) to reduce the dispensing fee for both brand name and generic drugs from $4.00 to $3.75, effective July 1, 2009. This action will lead to a total cost savings of $925,332 in state fiscal year 2010.

Reimbursement Changes Affecting Nursing Facilities (12VAC30-90)

-- Per Item 306 VV, operating rates for nursing facilities shall not be reduced by 1.329%. This action will lead to a total cost increase of $11.7 million in state fiscal year 2010.

-- Per Item 306 NNN, operating rates and ceilings for nursing facilities and specialized care facilities will not be increased for inflation. This action will lead to a total cost savings of $28.4 million in state fiscal year 2010.

This notice is intended to satisfy the requirements of 42 CFR 447.205 and of § 1902(a)(13) of the Social Security Act, 42 USC § 1396a(a)(13). A copy of this notice is available for public review from William Lessard, Provider Reimbursement Division, DMAS, 600 Broad Street, Suite 1300, Richmond, VA 23219, and this notice is available for public review on the Regulatory Town Hall (www.townhall.com). Comments or inquiries may be submitted, in writing, within 30 days of this notice publication to Mr. Lessard and such comments are available for review at the same address.

Contact Information: William Lessard, Provider Reimbursement Division, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, telephone (804) 225-4593, FAX (804)786-1680.

DEPARTMENT OF STATE POLICE

Notices of Periodic Review

The Department of State Police has submitted notices of periodic reviews for the following:

19VAC30-40, Standards and Specifications for the Stickers or Decals Used By Cities, Counties and Towns in Lieu of License Plates

19VAC30-130 Regulations Relating to Standards and Specifications for Warning Stickers or Decals for All-Terrain Vehicles

19VAC30-140, Regulations Relating to Standards and Specifications for Back-Up Audible Alarm Signals

19VAC30-150, Regulations Relating to Standards and Specifications for Overdimensional Warning Lights

19VAC30-160, Regulations Relating to Standards and Specifications for the Safety Lights for Farm Tractors in Excess of 108 Inches in Width

19VAC30-165, Regulations Relating to Standards and Specifications for Purple Warning Lights used by Vehicles Leading or Escorting Funeral Processions

The Virginia Department of State Police is conducting a periodic review of regulations listed above to ensure that they are current, comply with statutory mandates, and implement the provisions of the Code of Virginia. This review will be conducted beginning on Monday, June 8, 2009, through Friday, July 9, 2009.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219.

Filing Material for Publication in the Virginia Register of Regulations

Agencies are required to use the Regulation Information System (RIS) when filing regulations for publication in the Virginia Register of Regulations. The Office of the Virginia Register of Regulations implemented a web-based application called RIS for filing regulations and related items for publication in the Virginia Register. The Registrar's office has worked closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.

The Office of the Virginia Register is working toward the eventual elimination of the requirement that agencies file print copies of regulatory packages. Until that time, agencies may file petitions for rulemaking, notices of intended regulatory actions and general notices in electronic form only; however, until further notice, agencies must continue to file print copies of proposed, final, fast-track and emergency regulatory packages.

ERRATA

STATE CORPORATION COMMISSION

Titles of Regulations: 21VAC5-10. General Administration - Securities Act.

21VAC5-20. Broker-Dealers, Broker-Dealer Agents and Agents of the Issuer.

21VAC5-30. Securities Registration.

21VAC5-40. Exempt Securities.

21VAC5-45. Federal Covered Securities.

21VAC5-80. Investment Advisors.

Publication: 25:17 VA.R. 3026-3046 April 27, 2009

Correction to Final Regulation:

Page 3029, Order to Take Notice, column 1, line 3, change "SEC-2008-00026" to "SEC-2009-00022"

VA.R. Doc. No. R09-1797; Filed May 6, 2009, 3:20 p.m.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Title of Regulation: 12VAC30-40. Eligibility Conditions and Requirements.

Publication: 23:11 VA.R. 1673-1676 February 5, 2007

Correction to Final Regulation:

EDITOR'S NOTE: Subdivisions 7 b, 12 and 13 as published in 22:23 VA.R. 3376-3378 July 24, 2006, and effective August 23, 2006, were inadvertently omitted from 12VAC30-40-10. The section is amended as follows:

Page 1675, 12VAC30-40-10, subdivision 7 should read as follows:

7. a. Is required, as a condition of eligibility, to furnish his social security account number (or numbers, if he has more than one number) except for aliens seeking medical assistance for the treatment of an emergency medical condition under § 1903(v)(2) of the Social Security Act (§ 1137(f)).

b. Applicant or recipient is required, under § 1903(x) to furnish satisfactory documentary evidence of both identity and of U.S. citizenship upon signing the declaration of citizenship required by § 1137(d). Qualified aliens signing the declaration of satisfactory immigration status required by § 1137(d) must also present and have verified documents establishing the claimed immigration status under § 137(d). Exception: Nonqualified aliens seeking medical assistance for the treatment of an emergency medical condition under § 1903(v)(2) as described in § 1137(f).

Page 1675, 12VAC30-40-10, insert subdivisions 12 and 13 as follows:

12. Is required, as a condition of eligibility for Medicaid payment of long-term care services, to disclose at the time of application for or renewal of Medicaid eligibility, a description of any interest the individual or his spouse has in an annuity (or similar financial instrument as may be specified by the Secretary of Health and Human Services). By virtue of the provision of medical assistance, the state shall become a remainder beneficiary for all annuities purchased on or after February 8, 2006.

13. Is ineligible for Medicaid payment of nursing facility or other long-term care services if the individual’s equity interest in his home exceeds $500,000. This dollar amount shall be increased beginning with 2011 from year to year based on the percentage increase in the Consumer Price Index for all Urban Consumers rounded to the nearest $1,000.

This provision shall not apply if the individual’s spouse, or the individual’s child who is under age 21 or who is disabled, as defined in § 1614 of the Social Security Act, is lawfully residing in the individual’s home.

VA.R. Doc. No. R06-132; Filed May 1, 2009, 11:36 a.m.

STATE WATER CONTROL BOARD

Title of Regulation: 9VAC25-720. Water Quality Management Planning Regulation.

Publication: 23:12 VA.R. 1963-1967 February 19, 2007.

Correction to Fast-Track Regulation:

Page 1966, in 9VAC25-720-60 C, line 6, change "local" to "listed"

VA.R. Doc. No. R06-290


CALENDAR OF EVENTS



***** Regulatory process suspended in 25:16 VA.R. 2968