GENERAL NOTICES/ERRATA
STATE AIR POLLUTION CONTROL BOARD
Proposed State Implementation Plan Revision - Transportation Conformity
Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed revision to the Commonwealth of Virginia State Implementation Plan (SIP). The SIP is a plan developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act. The Commonwealth intends to submit the regulation to EPA as a revision to the SIP in accordance with the requirements of § 110(a) of the federal Clean Air Act.
Regulations affected: The regulation of the board affected by this action is Transportation Conformity (9VAC5-151, Rev. C12).
Purpose of notice: DEQ is seeking comment on the issue of whether the regulation amendments should be submitted as a revision to the SIP.
Public comment period: August 27, 2012, to September 27, 2012.
Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed below. In order to be considered, the request must include the full name, address, and telephone number of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be conducted.
Public comment stage: The regulation amendments are exempt from the state administrative procedures for adoption of regulations contained in Article 2 of the Administrative Process Act by the provisions of § 2.2-4006 A 4 a of the Administrative Process Act because they are necessary to conform to Virginia statutory law. Since the amendments are exempt from administrative procedures for the adoption of regulations, DEQ is accepting comment only on the issue cited above under "purpose of notice" and not on the content of the regulation amendments.
Description of proposal: EPA promulgated various administrative amendments to the federal transportation regulation on March 14, 2012 (77 FR 14979). Under 40 CFR 51.390, Virginia is required to submit a SIP revision to EPA that establishes conformity criteria and procedures consistent with the transportation conformity regulation promulgated by EPA at 40 CFR Part 93. In order to implement the federal transportation conformity requirements, the Virginia regulation must reflect the recent revisions made to the federal regulations. To this end, 9VAC5-151 was amended to include the most recent federal revisions.
Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law. Except as noted below, the proposal will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to the Commonwealth of Virginia SIP.
How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address and telephone number of the person commenting and be received by DEQ by the last day of the comment period. All materials received are part of the public record.
To review regulation documents: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website at http://www.deq.state.va.us/Programs/Air/PublicNotices/airplansandprograms.aspx. The documents may also be obtained by contacting the DEQ representative named below. The public may review the documents between 8:30 a.m. and 4:30 p.m. of each business day until the close of the public comment period at the following DEQ locations:
1) Main Street Office, 629 East Main Street, 8th Floor, Richmond, VA, telephone (804) 698-4070;
2) Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA, telephone (804) 527-5020;
3) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583-3800; and
4) Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA, telephone (757) 518-2000.
Contact Information: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, TDD (804) 698-4021, or email mary.major@deq.virginia.gov.
STATE CORPORATION COMMISSION
Bureau of Insurance
AT RICHMOND, JULY 26, 2012
COMMONWEALTH OF VIRGINIA, ex rel.
STATE CORPORATION COMMISSION
CASE NO. INS-2012-00014
Ex Parte: In the matter of adoption of
adjusted prima facie rates for credit life
and credit accident and sickness insurance
pursuant to §§ 38.2-3725, 38.2-3726,
38.2-3727 and 38.2-3730 of the Code of Virginia
ORDER ADOPTING ADJUSTED PRIMA FACIE RATES FOR THE TRIENNIUM COMMENCING JANUARY 1, 2013
Pursuant to an Order Scheduling Hearing entered May 30, 2012, after notice to all insurers licensed by the Bureau of Insurance ("Bureau") to transact the business of credit life insurance and credit accident and sickness insurance in the Commonwealth of Virginia, the State Corporation Commission ("Commission") conducted a hearing on July 12, 2012, for the purpose of determining the actual loss ratio for credit life insurance and credit accident and sickness insurance and adjusting the prima facie rates in accordance with §§ 38.2-3726 and 38.2-3727 of the Code of Virginia by applying the ratio of the actual loss ratio to the loss ratio standard set forth in § 38.2-3725 of the Code of Virginia to the prima facie rates. These rates are to be effective for the triennium commencing January 1, 2013.
Represented by its counsel, the Bureau, by its witness, appeared before the Commission in support of the proposed adjusted prima facie rates. No notices of participation were filed, no written comments were received, and no public witnesses appeared before the Commission.
NOW THE COMMISSION, having considered the record, the recommendation of the Bureau and the law applicable to these issues, is of the opinion and finds and ORDERS:
(1) The adjusted prima facie rates for credit life insurance and credit accident and sickness insurance, as proposed by the Bureau, which are attached hereto and made a part hereof, should be, and they are hereby, ADOPTED pursuant to the provisions of Chapter 37.1 of Title 38.2 of the Code of Virginia and shall be effective for the triennium commencing January 1, 2013.
(2) This case is dismissed, and the papers filed herein shall be passed to the file for ended causes.
AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to Althelia P. Battle, Deputy Commissioner, Bureau of Insurance, State Corporation Commission who: (i) shall cause a copy hereof together with attachments, as and for the notice to insurers required by § 38.2-3725 of the Code of Virginia, to be sent forthwith to every insurance company licensed by the Bureau of Insurance to transact the business of credit life and credit accident and sickness insurance in the Commonwealth of Virginia; and (ii) shall file in the record of this proceeding an affidavit evidencing notice compliance with this Order.
The Commission's Division of Information Resources shall make available this Order and the attached adjusted rates on the Commission's website: http://www.scc.virginia.gov/caseinfo.htm.
ATTACHMENT
Case No. INS-2012-00014
ADJUSTED PRIMA FACIE
CREDIT LIFE
AND
CREDIT ACCIDENT AND SICKNESS
INSURANCE RATES
EFFECTIVE JANUARY 1, 2013
THROUGH DECEMBER 31, 2015
2013 – 2015 TRIENNIAL CREDIT LIFE INSURANCE RATES
$0.5965 per month per $1,000.00 of outstanding insured indebtedness if premiums are payable on a monthly outstanding balance basis.
$0.3808 per $100.00 of initial indebtedness repayable in twelve equal monthly installments.
DEPARTMENT OF ENVIRONMENTAL QUALITY AND THE DEPARTMENT OF CONSERVATION AND RECREATION
Total Maximum Daily Load for South Fork Reed Creek, Mill Creek, Stony Fork, Tate Run, Reed Creek, Miller Creek, and Cove Creek
Announcement of a public meeting to present a draft total maximum daily load (TMDL) implementation plan for the following tributaries of the New River: South Fork Reed Creek, Mill Creek, Stony Fork, Tate Run, Reed Creek, Miller Creek, and Cove Creek in Wythe County, Virginia.
Public meeting location: Wythe County Community Hospital, 600 West Ridge Road, Wythe Bland Conference Room, Wytheville, VA, on September 4, 2012, from 6 p.m. to 8 p.m.
Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation are announcing the final implementation plan to restore water quality, a public comment opportunity, and public meeting.
Meeting description: Final public meeting on an implementation plan to restore water quality.
Description of plan: This plan follows a total maximum daily load (TMDL) study developed for the South Fork Reed Creek, Mill Creek, Stony Fork, Tate Run, Reed Creek, Miller Creek, and Cove Creek that identified bacteria contamination as the cause for the streams failure to meet the Recreational Use water quality standard.
The plan outlines the corrective actions needed to reduce the sources of bacteria and their associated costs and benefits,
along with measurable goals, and an implementation timeline. The plan focuses on addressing the agricultural, residential, and urban sources of bacteria identified in the TMDL study.
How a decision is made: The development of a TMDL and a TMDL implementation plan includes public meetings and a public comment period once the study report is drafted. After public comments have been considered and addressed, DEQ will submit the implementation plan to the State Water Control Board for approval.
How to comment: 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, September 4, 2012, to October 4, 2012. DEQ also accepts written and oral comments at the public meeting announced in this notice.
To review fact sheets: Fact sheets are available for the impaired waters from the contacts below or on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs.aspx.
Contact for additional information: Martha Chapman, TMDL Coordinator, Virginia Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, telephone (276) 676-4800, FAX (276) 676-4899, or email martha.chapman@deq.virginia.gov.
STATE BOARD OF HEALTH AND THE DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Proposed Notice of No Need for Certificate of Public Need Applications for Development of Additional Nursing home Beds
Legal Notice of Request for Certificate of Public Need Applications.
Pursuant to the requirements of § 32.1-102.3:2 of the Code of Virginia of 1950, as amended, notice is hereby given of consideration of the need to issue a Request for Applications ("RFA") for the development of additional nursing home beds in Virginia. This notice reviews the qualification of Virginia's twenty-two health planning districts for the authorization of additional nursing home beds pursuant to applicable law and regulation (12VAC5-230).
Evaluation of Need for Additional Nursing Home Beds.
The "Nursing Home Services" component of the Virginia State Medical Facilities Plan ("SMFP") (12VAC5-230) contains a nursing home bed-need forecasting method (12VAC5-230-610). This method has been employed by the Virginia Department of Health to compute a forecast of needed nursing home beds in 2015 in each of Virginia's twenty-two health planning districts.1
Consistent with the SMFP (12VAC5-230-610 A), no planning district is considered to have a need for additional nursing home beds unless the average annual occupancy of all existing non-federal, Medicaid-certified nursing home beds in the planning district was at least 93% for the most recent year for which bed utilization has been reported to the Virginia Department of Health (through nursing home filings with Virginia Health Information, Inc.).2 For purposes of this document, 2010 is the most recent year of nursing home utilization data reported to Virginia Health Information.
Also, no planning district will be considered to have a need for additional nursing home beds if there are uncompleted nursing home beds that were authorized for the planning district within the last three years and that will be Medicaid-certified beds. The following table displays, by planning district, the nursing home gross bed need forecast for 2015, the current licensed bed inventory and authorized additions of nursing home beds, and the net bed need forecast for 2015.
The table also shows the average annual percent occupancy of Medicaid-certified nursing home beds for each planning district for the 2010 reporting year and identifies the status of each planning district with respect to authorized but uncompleted nursing home beds. The final column of the table states whether the planning district qualifies for additional nursing home beds for the 2015 planning year.
Nursing Home Bed Need Forecast and Whether a Planning District Qualifies for Additional Nursing Home Beds for the 2015 Planning Year
| Planning District | Bed Need Forecast For 2015 | Existing and Authorized Beds | Projected Net Bed Need In 2015 | Average Occupancy of Medicaid Beds 2010 | Authorized but Uncompleted Medicaid Beds | Plan. District Qualifies for Additional NH Beds |
| 1 | 521 | 641 | (120) | 84.6% | no | no--no need |
| 2 | 442 | 547 | (105) | 74.6% | no | no--no need |
| 3 | 1,400 | 1,525 | (125) | 84.3% | no | no--no need |
| 4 | 853 | 788 | 65 | 88.4% | no | no--low occu. |
| 5 | 2,073 | 2,301 | (228) | 90.3% | no | no--no need |
| 6 | 1,816 | 1,528 | 288 | 90.4% | no | no--low occu. |
| 7 | 1,008 | 972 | 36 | 89.8% | no | no--low occu. |
| 8 | 5,417 | 4,358 | 1,059 | 89.2% | no | no--low occu. |
| 9 | 863 | 826 | 37 | 88.3% | yes | no--low occu. |
| 10 | 1,125 | 1,067 | 58 | 92.3% | yes | no--low occu. |
| 11 | 1,548 | 1,550 | (48) | 90.8% | no | no--no need |
| 12 | 2,085 | 1,929 | 156 | 89.0% | no | no--low occu. |
| 13 | 958 | 881 | 77 | 90.8% | no | no--low occu. |
| 14 | 652 | 670 | (18) | 93.1% | no | no--no need |
| 15 | 4,109 | 4,059 | 50 | 91.6% | no | no--low occu. |
| 16 | 900 | 785 | 115 | 88.1% | no | no--low occu. |
| 17 | 337 | 308 | 29 | 91.3% | no | no--low occu. |
| 18 | 613 | 540 | 73 | 91.4% | no | no--low occu. |
| 19 | 1,140 | 1,055 | 85 | 88.4% | no | no--low occu. |
| 20 | 4,741 | 4,393 | 348 | 89.0% | no | no--low occu. |
| 21 | 2,171 | 1,867 | 304 | 89.2% | no | no--low occu. |
| 22 | 384 | 376 | 8 | 92.1% | no | no--low occu. |
Sources: Virginia State Medical Facilities Plan (12 VAC 5-230)
Virginia Employment Commission (population projections, 2007 edition)
2006 Virginia Nursing Home Patient Survey, Health Systems Agency of Northern Virginia (for age-specific nursing home use rates)
Office of Licensure and Certification, VDH (for bed inventory).
Conclusion.
The Request for Applications for nursing home beds issued in 2012 is hereby issued as a notice that no need exists for new nursing home beds. As shown in the preceding table, no planning district is identified by the standards of the SMFP as having forecasted need for nursing home beds by 2015. No planning district in the Commonwealth currently meets the three-part test for qualification by:
1) Having a positive formula-generated need projection;
2) Having an average annual occupancy percentage of Medicaid-certified beds for the most recent reporting year of 93% or higher; and
3) Having no uncompleted nursing home beds authorized within the last three years that will be Medicaid-certified.
Any person objecting to this notice may notify the State Health Commissioner and the State Board of Health within 14 days of publication of this notice in the Virginia Register. Any objections received will be considered and replied to before a final notice is published.
___________________________________
1 For conduct of the certificate of public need program, the Virginia Department of Health continues to recognize the former Planning District 20, Southeastern Virginia, and the former Planning District 21, Peninsula, rather than the new combined Planning District 23, Hampton Roads.
2 The Veterans Care Centers are excluded by regulation from consideration in the determination of nursing home bed need.
STATE LOTTERY DEPARTMENT
Director's Order
The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on July 30, 2012. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, VA.
Director's Order Number Seventy-Three (12)
Virginia's Instant Game Lottery 1342; "Ca$h in Hand" Final Rules for Game Operation (effective on the date of its signing and shall remain in full force and effect unless amended or rescinded by further Director's Order)
Director's Order Number Seventy-Four (12)
"Seibert's Gas Card Give Away Promotion" Virginia Lottery Retailer Incentive Program Rules (effective on the date of its signing and shall remain in full force and effect until 90 days after the conclusion of the Incentive Program, unless otherwise extended by the Director)
STATE WATER CONTROL BOARD
Proposed Consent Special Order for New Kent County
An enforcement action has been proposed for New Kent County for alleged violations at the Parham Landing Wastewater Treatment Plant at 7800 Parham Landing Road, New Kent County, VA. The State Water Control Board proposes to issue a consent special order to New Kent County to address noncompliance with State Water Control Board law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at frank.lupini@deq.virginia.gov, FAX (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from August 27, 2012, to September 26, 2012.
VIRGINIA CODE COMMISSION
Notice to State Agencies
Contact Information: Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; FAX (804) 692-0625; Email: varegs@dls.virginia.gov.
Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at http://www.virginia.gov/cmsportal3/cgi-bin/calendar.cgi.
Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/cumultab.htm.
Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works 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.