GENERAL NOTICES/ERRATA
Vol. 29 Iss. 22 - July 01, 2013

GENERAL NOTICES/ERRATA

STATE AIR POLLUTION CONTROL BOARD

State Implementation Plan Revision - Sulfur Dioxide

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed plan to assure necessary authorities are contained in the state implementation plan (SIP) to allow areas to attain and maintain the national ambient air quality standard for sulfur dioxide (SO2). The Commonwealth intends to submit the plan as a revision to the Commonwealth of Virginia SIP in accordance with the requirements of § 110(a) of the federal Clean Air Act. The SIP is the 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.

Purpose of notice: DEQ is seeking comment on the issue of whether the plan demonstrates the Commonwealth's compliance with federal Clean Air Act requirements related to general state plan infrastructure for controlling SO2.

Public comment period: July 1, 2013, to August 1, 2013.

Public hearing: A public hearing will be conducted at the Department of Environmental Quality, 629 East Main Street, Second Floor Conference Room A, Richmond, Virginia, beginning at 10 a.m. on July 31, 2013.

Description of proposal: The proposed revision will consist of a demonstration of compliance with the general requirements of § 110(a)(2) of the federal Clean Air Act for the 2010 SO2 national ambient air quality standard (NAAQS).

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). 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 on the last day of the comment period. All information received is part of the public record.

To review proposal: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website: 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) DEQ Main Street Office, 629 East Main Street, 8th Floor, Richmond, VA, telephone (804) 698-4070,

2) Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA, telephone (276) 676-4800,

3) Blue Ridge Regional Office, Roanoke Location, 3019 Peters Creek Road, Roanoke, VA, telephone (540) 562-6700,

4) Blue Ridge Regional Office, Lynchburg Location, 7705 Timberlake Road, Lynchburg, VA, telephone (434) 582-5120,

5) Valley Regional Office, 4411 Early Road, Harrisonburg, VA, telephone (540) 574-7800,

6) Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA, telephone (804) 527-5020,

7) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583-3800, and

8) Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA, telephone (757) 518-2000.

Contact Information: Doris A. McLeod, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4197, FAX (804) 698-4510, TDD (804) 698-4021, or email doris.mcleod@deq.virginia.gov.

STATE CORPORATION COMMISSION

Bureau of Insurance

May 20, 2013

Administrative Letter 2013-05

To: All Insurers and Other Interested Parties

Re: Legislation Enacted by the 2013 Virginia General Assembly

We have attached for your reference summaries of certain statutes enacted or amended and re-enacted during the 2013 Session of the Virginia General Assembly. The effective date of these statutes is July 1, 2013, except as otherwise indicated in this letter. Each organization to which this letter is being sent should review the summaries carefully and see that notice of these laws is directed to the proper persons, including appointed representatives, to ensure that appropriate action is taken to effect compliance with these new legal requirements. Copies of individual bills may be obtained at http://lis.virginia.gov/lis.htm or via the links we have provided in the summary headings. You may enter the bill number (not the chapter number) on the Virginia General Assembly Home Page, and you will be linked to the Legislative Information System. You may also link from the Legislative Information System to any existing section of the Code of Virginia. All statutory references made in the letter are to Title 38.2 (Insurance) of the Code of Virginia unless otherwise noted. All references to the Commission refer to the State Corporation Commission. The federal Patient Protection and Affordable Care Act is referred to as the ACA throughout this letter.

Please note that this document is a summary of legislation. It is neither a legal review and interpretation nor a full description of the legislative amendments affecting insurance-related laws during the 2013 Session.  Each person or organization is responsible for review of relevant statutes.

/s/ Jacqueline K. Cunningham
Commissioner of Insurance

Chapter 9 (House Bill 1396)

The bill amends § 38.2-1878 (Insurance Agents Chapter) to eliminate a provision that caps, at $10 per customer, the incidental compensation that a vendor of portable electronics may provide to its employees or authorized representatives who sell portable electronics insurance.

Chapter 11 (House Bill 1510)

The bill amends § 38.2-4504 (Dental or Optometric Services Plans Chapter) to provide that each dental or optometric services plan must be offered through a nonstock corporation. The Commission shall consider the sufficiency of contingency reserves and subject the nonstock corporation to the requirements of Chapter 17 (Virginia Life, Accident and Sickness Insurance Guaranty Association) when considering the nonstock corporation's application for changing its status from an agent to a nonagent nonstock corporation. Subsection E of § 38.2-4504 is amended to require the nonstock corporation to maintain a contingency reserve of $4 million.

Chapter 12 (House Bill 1527)

The bill amends Subsection B of § 38.2-2107 (Fire Insurance Policies Chapter) to clarify that excess fire coverage may be written as a stand-alone policy or as an endorsement to a policy. The bill also removes the requirement that insurers indicate in the title or the heading of the policy whether the coverage is written on a primary or excess basis.

Chapter 13 (House Bill 1528)

The bill amends § 38.2-231 (General Provisions Chapter) to permit insurers to send termination notices on commercial liability policies only to the first named insured listed in the policy's declarations page. Previously, the law required termination notices to be sent to all named insureds.

Chapter 27 (House Bill 2118)

The bill amends Subsection B of § 38.2-305 (Insurance Policies and Contract Provisions Chapter) to clarify which notice requirements are applicable to all insurers, and which requirements are applicable only to health maintenance organizations.

Chapter 29 (House Bill 2155)

The bill amends § 38.2-4809.1 (Surplus Lines Insurance Law Chapter). The bill makes technical changes to facilitate the transfer of the administration of premium license tax from the Commission to the Department of Taxation.

Chapter 75 (House Bill 1655)

The bill amends § 38.2-2201 (Liability Insurance Policies Chapter) to provide a mechanism by which health care providers may seek a valid assignment of medical expense benefits provided under a motor vehicle insurance policy in cases where the injury being treated arises out of the ownership, operation, or use of a motor vehicle. The bill provides that the health care provider must give the injured person notice of his rights regarding assignment of such benefits at the time he is asked to make the assignment. The injured person is not required to sign or initial the assignment in order to receive care. The amendment provides that the insured may wish to consult his insurance agent or an attorney before executing the form permitting the assignment of his medical expense benefits.

Chapter 93 (Senate Bill 777)

The bill restates and clarifies § 38.2-232 (General Provisions) relating to notice of a lapse or pending lapse of the types of life and accident and sickness policies or annuities as defined in §§ 38.2-102 through 38.2-109. The bill clarifies that the provisions of Subsection A of § 38.2-232 shall not apply to group policies, contracts or plans if the insurer, health services plan, or health care plan either (i) as a general business practice provides written notices of premium due; or (ii) has furnished a written notice separate from the policy that failure to pay premiums on a timely basis will result in lapse of the policy, contract or plan.

Chapter 136 (Senate Bill 780) and Chapter 210 (House Bill 1784) (Effective January 1, 2014)

The bill amends various sections of Title 38.2 to repeal the requirements for the offer of an open enrollment period for individual accident and sickness contracts. Section 58.1-2501 is also revised to change the tax rates for plans defined in §§ 38.2-4201 (Health Services Plans) and 38.2-4501 (Dental or Optometric Plans) for taxable years after 2012 to 2.25 percent of the direct gross subscriber fee income for all subscription contracts. The tax rate of .75 percent for open enrollment contracts and individual contracts referenced in that subdivision ends at tax year 2013. The provisions of the bill are effective on January 1, 2014.

Chapter 146 (Senate Bill 984)

The bill adds a new section in the General Provisions chapter to require insurers that issue a settlement check of at least $5000 in satisfaction of a third party claim to a claimant's attorney to send a notice to the claimant within five days that such check has been sent to his attorney. The bill holds the insurer harmless if the notice is not given or is defective. The bill further provides that the failure to give notice or the provision of defective notice (i) does not create a cause of action against an insurer by any person; (ii) does not create a defense for any person in any such action; or (iii) does not in any way affect the settlement or satisfaction for which the payment was made by the insurer. The bill is applicable to all lines of insurance except those lines subject to §§ 38.2-4214 and 38.2-4319.

Chapter 203 (House Bill 1731)

This bill adds a new article in the Insurance Agents chapter. Storage unit insurance authority is added to the lines of insurance that may be sold by those holding a limited lines property and casualty agent license.

Chapter 212 (House Bill 1838)

The bill amends § 38.2-1822 (Insurance Agents) to prohibit an agent whose license has been revoked or voluntarily surrendered from directly or indirectly owning and operating, controlling or being employed in any manner by an insurance agent or agency during the time period in which the individual is unlicensed unless otherwise authorized by the Commission.

Chapter 257 (House Bill 1607)

The bill amends §§ 38.2-231 (General Provisions), 38.2-325 (Insurance Policy Provisions), 38.2-2113 and 38.2-2114 (Fire Insurance Policies) and 38.2-2208 and 38.2-2212 (Liability Insurance Policies) pertaining to termination notice requirements in certain insurance policies to permit insurers to send cancellation notices electronically, if the insured and insurer have agreed to conduct business by electronic means. 

Chapter 473 (Senate Bill 1059)

The bill amends § 38.2-4509 (Dental or Optometric Plans) to subject dental and optometric plans to two additional requirements applicable to insurers which offer dental and optometric coverages. Dental and optometric plans must pay interest on claim payments not made in a timely manner if the interest is greater than $5.00. The bill also amends § 38.2-4509 to require dental and optometric plans to file their explanation of benefit forms with the Bureau of Insurance for approval. The provision addressing interest is applicable to claims on and after January 1, 2014.

Chapter 497 (House Bill 2023)

The bill adds a new article to the Insurance Agents chapter to add travel insurance to the lines of insurance that may be sold by those holding a limited lines property and casualty agent license. The bill allows the sale of travel insurance by a travel retailer (i) holding a limited lines P&C license or (ii) under the direction and license of a travel insurance agent.

Chapter 595 (House Bill 2246) and Chapter 791 (Senate Bill 1261)

The bill adds a new article to the Accident and Sickness Insurance Policies chapter that identifies prohibited activities for health benefit exchange navigators as described in the ACA. The Commission is required to monitor and report on the activities of navigators in the Commonwealth.

Chapter 653 (Senate Bill 1243)

The bill amends § 38.2-3411 (Accident and Sickness Insurance Provisions) and 38.2-4319 (Health Maintenance Organizations) to require that health maintenance organizations provide coverage for newborn children in the same manner as coverage is provided in health insurance policies and subscription contracts with family coverage.

Chapter 670 (House Bill 1769) and Chapter 679 (Senate Bill 922)

The bill authorizes the Commission, with the assistance of the Virginia Department of Health, to perform plan management functions required to certify health benefit plans and stand-alone dental plans for participation in the federal health benefit exchange established by the Secretary of the U.S. Department of Health and Human Services pursuant to § 1321 of the ACA.  The performance of plan management functions is contingent upon the availability of federal funding sufficient to pay the operating expenses necessary to carry out the functions, the necessary technological infrastructure being made available to the Commission and no other impediments to prevent the Commission from carrying out the functions.  The bill also adds a new section in the Provisions Relating to Accident and Sickness Insurance Policies chapter to authorize the Commission to review and approve accident and sickness insurance premium rates applicable to health benefit plans in the individual and small group markets and health benefit plans providing health insurance coverage in the individual market to residents of the Commonwealth through a group trust, association, purchasing cooperative or other group that is not an employer plan.

Chapter 709 (House Bill 2138)

The bill establishes the Health Insurance Reform Commission to monitor the implementation of the ACA; determine whether Virginia should establish a state-based health insurance exchange; make recommendations regarding the health benefits that should be included within the scope of the essential health benefits provided under health insurance products offered in Virginia; provide assessments of existing and proposed mandated health insurance benefits and providers; develop recommendations to increase access to and reasonable costs for health insurance coverage; and ensure a robust health insurance market. Staff of the Bureau of Insurance will assist the Health Insurance Reform Commission in the assessment of the impact and efficacy of legislation proposing mandated health insurance benefits or providers. The bill also repeals the establishment article for the Special Advisory Commission on Mandated Health Insurance Benefits.

Chapter 751 (House Bill 1900) Effective January 1, 2014

The bill amends many sections of Title 38.2 addressing requirements applicable to accident and sickness insurance policies and related products in order to be consistent with relevant requirements of the ACA. The bill also repeals provisions relating to the essential and standard plans in § 38.2-3431. The provisions of the bill are effective January 1, 2014.

* * *

June 4, 2013

Administrative Letter 2013-06

To: All Insurers and Other Interested Parties

Re: Senate Bill 984 (Section 38.2-236)

Effective July 1, 2013, Section 38.2-236 requires insurers to send notices to claimants when such insurers issue payments, in partial or full settlement of claims of $5000 or more, if the insurers send such settlement checks to attorneys licensed in Virginia, or to other representatives of such claimants or judgment creditors. The primary purpose of this law is to ensure that claimants who are represented by attorneys or other representatives are aware of the amount of and the date that an insurer sends a payment of $5000 or more to a claimant's attorney or other representative. Additionally, any court approved settlements, such as those involving wrongful death claims and claims by infants, of $5000 or more sent to the attorney or representative trigger the notice requirement.

The law applies to both first and third party claims. The notice must be sent within five business days after the date payment is made or the offer of settlement is sent to the claimant's attorney or representative. Section 38.2-236 applies to all lines of insurance except those lines subject to Sections 38.2-4214 and 38.2-4319.

This statute applies to the following:

• Partial settlements of claims where the payment is $5000 or more, and

• Full and final settlements of $5000 or more.

The notice must be sent to the claimant (first or third party) or judgment creditor any time the insurer sends a payment to the claimant's attorney or representative. This would include those circumstances where the check is made payable to the claimant only or where the check is made payable to both the claimant and his attorney or representative.

In certain situations, an insurer sends a settlement offer and check to the claimant's attorney or representative with a request that the offer be presented to the claimant.  Notice must be sent by the insurer to the claimant once the claimant agrees to accept the settlement offer, and it must be sent within five business days of the claimant's agreement to accept the offered settlement.

In the case when an insurer is paying the injured worker's portion of his workers' compensation claim (of $5000 or more) directly to the worker, and the injured worker's attorney's portion of the settlement is sent directly to the attorney, the insurer is not required to send the notice under Section 38.2-236. However, if the injured person's settlement of a workers' compensation claim is $5000 or more and payment is sent to the injured person's attorney, licensed in Virginia, then the notice required by the statute must be given by the insurer.

Questions concerning this administrative letter may be addressed to Life and Health Division, Joanne Spruill, Chief Insurance Market Examiner, telephone (804) 371-9231, or email joanne.spruill@scc.virginia.gov.

Property & Casualty Division, Katie Johnson, AIE, CIC, Coordinator of Special Projects, telephone (804) 371-9688, or email katie.johnson@scc.virginia.gov.

/s/ Jacqueline K. Cunningham
Commissioner of Insurance

DEPARTMENT OF ENVIRONMENTAL QUALITY

Restore Water Quality in Clinch River and Certain Tributaries

Public meeting location: Norton Community Center, 201 East Park Avenue NE, Norton, VA on July 11, 2013, 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 (DCR) are announcing an effort to restore water quality, a public comment opportunity, and public meeting.

Meeting description: First public meeting on a study to restore water quality.

Description of study: DEQ has been working to identify sources of bacterial contamination and sources of pollutants affecting aquatic organisms. The mainstem of the Clinch River is impaired for failure to meet the Recreational Use because of fecal coliform bacteria violations and violations of the E. coli standard. Bear Creek, Fall Creek, Little Stoney Creek, Russell Creek, Staunton Creek, Stony Creek, Cove Creek, Stock Creek, Copper Creek, Moll Creek, Valley Creek, North Fork Clinch River, and Blackwater Creek are impaired for failure to meet the Recreational Use because of fecal coliform bacteria violations and violations of the E. coli standard. Bark Camp Branch in Wise County, Laurel Creek in Russell and Tazewell counties, as well as Thompson Creek in Tazewell County are impaired for failing to meet the Aquatic Life Use (benthic impairment) based on violations of the general standard for aquatic organisms.  Bark Camp Branch is also impaired for failure to meet the Aquatic Life Use based on violations of the pH water quality standard.

During the study, the sources of bacterial contamination and pollutants impairing the aquatic community will be identified and total maximum daily loads, or TMDLs, will be developed for the impaired waters. To restore water quality, contamination levels must be reduced to the TMDL amount. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards.

How a decision is made: The development of a TMDL 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 TMDL report to the U.S. Environmental Protection Agency 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, July 11, 2013, to August 11, 2013. DEQ also accepts written and oral comments at the public meeting announced in this notice.

To review fact sheets: Fact sheets are available on the impaired waters from the contacts below or on the DEQ website: http://www.deq.virginia.gov/Programs/Water/WaterQuality
InformationTMDLs.aspx
.

Contact for additional information: Martha Chapman, TMDL Coordinator, 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.

Total Maximum Daily Load for North Fork Rockfish River, South Fork Rockfish River, and Rockfish River Watersheds

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the amendment of total maximum daily load (TMDL) implementation plans (IPs) for the North Fork Rockfish River, South Fork Rockfish River, and Rockfish River watersheds in Nelson County. These streams were listed on the 2004 and 2006 § 303(d) TMDL Priority List and Report as impaired due to violations of the state's water quality standard for bacteria. The bacteria impairment on the North Fork Rockfish begins in the headwaters and extends 7.2 miles to its confluence with the Rockfish River. The South Fork Rockfish bacterial impairment extends 11.6 miles from its headwaters to its confluence with the mainstem Rockfish River. The bacteria impairment on the Rockfish River extends from the confluence of its north and south forks to its confluence with Davis Creek, which is a total of 6.5 miles.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report. In addition, § 62.1-44.19:7 C of the Code of Virginia requires the development of an IP for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and their associated costs, benefits, and environmental impacts. The Rockfish IP has been amended to include just the best management practices related to these bacterial impairments and TMDLs.

The public comment period for the amended implementation plan will last from July 1, 2013, to July 31, 2013. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Tara Sieber, Department of Environmental Quality, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7870, FAX (540) 574-7878, or email tara.sieber@deq.virginia.gov.

The Implementation Plan document will be available on the DEQ website during the public comment period at the following address: http://www.deq.virginia.gov/Programs/Water/WaterQuality
InformationTMDLs/TMDL/TMDLImplementation/TMDLImplementationPlans.aspx.

Total Maximum Daily Load for Potomac River Tributaries

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) announces the release of two revised draft TMDL reports on the Potomac River tributaries to members of the community for review and comment.

Description of study: Portions of the following streams have been identified as impaired on the Clean Water Act § 303(d) list for not supporting Virginia's water quality recreational use standard due to exceedances of the bacteria criterion:


Waterbody Name

Watershed
Location

Segment Size

Cause

Segment Description

Sugarland Run

Fairfax County
Loudoun County
Town of Herndon

0.95 miles

Escherichia coli

Segment begins at the confluence with Folly Lick Branch, at approximately rivermile 5.75, and continues downstream until the boundary of the PWS designation area, at rivermile 4.82.

Sugarland Run

Fairfax County
Loudoun County
Town of Herndon

4.77 miles

Escherichia coli

Segment begins at the boundary of the PWS designation area, at rivermile 4.82, and continues downstream until the confluence with the Potomac River.

Mine Run

Fairfax County

0.93 miles

Escherichia coli

Segment begins at the confluence with an unnamed tributary to Mine Run, approximately 0.5 rivermile upstream from River Bend Road, and continues downstream until the confluence with the Potomac River.

Pimmit Run

Arlington County
Fairfax County

1.62 miles

Escherichia coli

Segment begins at the confluence with Little Pimmit Run, approximately 0.1 rivermile downstream from Route 695, and continues downstream until the confluence with the Potomac River.

Pimmit Run

Arlington County
Fairfax County

2.46 miles

Escherichia coli

Segment begins at the Route 309 bridge crossing, at rivermile 4.16, and continues downstream until the confluence with Little Pimmit Run, approximately 0.1 rivermile downstream from Route 695.

Pimmit Run

Arlington County
Fairfax County

3.29 miles

Escherichia coli

Segment begins at the headwaters of Pimmit Run, approximately 0.12 rivermile upstream from Route 7, and continues downstream until the Route 309 bridge crossing, at rivermile 4.16.

Powells Creek

Prince William County

4.62 miles

Escherichia coli

Segment begins approximately 0.2 rivermiles below Lake Montclair and continues downstream until the end of the free-flowing waters of Powells Creek.

Quantico Creek

Prince William County
Town of Dumfries

1.45 miles

Escherichia coli

Segment begins at the confluence with South Fork Quantico Creek, approximately 0.75 rivermile upstream from I-95, and continues downstream until the start of the tidal waters of Quantico Bay.

South Fork Quantico Creek

Prince William County
Town of Dumfries

4.63 miles

Escherichia coli

Segment begins at the headwaters of the South Fork Quantico Creek and continues downstream until the start of the impounded waters, adjacent to what is labeled as Mawavi Camp No. 2 on the Joplin quad.

North Branch Chopawamsic Creek

Stafford County
Prince William County

6.9 miles

Escherichia coli

Segment begins at the headwaters of North Branch Chopawamsic Creek and continues downstream until the confluence with Middle Branch.

Unnamed tributary to the Potomac River

Stafford County

2.9 miles

Escherichia coli

Segment begins at the headwaters of the unnamed tributary and continues downstream until its confluence with the Potomac River.

Austin Run

Fauquier County
Stafford County

0.79 miles

Fecal coliform

Segment begins at the confluence with an unnamed tributary to Austin Run (streamcode XGQ) and continues downstream until the confluence with Aquia Creek.

Accokeek Creek

Stafford County

4.21 miles

Escherichia coli

Segment begins at the confluence with an unnamed tributary to Accokeek Creek (rivermile 8.62), approximately 0.33 rivermile downstream from Route 1, and continues downstream until the end of the free-flowing waters.

Potomac Creek

Stafford County

2.18 miles

Escherichia coli

Segment begins at the railroad crossing at the west end of swamp, upstream from Route 608, and continues downstream until the east end of swamp.

Potomac Run

Stafford County

6.13 miles

Escherichia coli

Segment begins at the headwaters of Potomac Run and continues downstream until the confluence with Long Branch.


Virginia agencies have worked to identify the sources of bacteria contamination in these stream segments. During this study, DEQ developed a total maximum daily load, or a TMDL, for each of the impaired stream segments. 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.

In February of 2012, DEQ held public meetings and released the draft TMDL reports for two bacteria TMDL studies involving tributaries to the Potomac River. Those TMDL reports were:

1. Bacteria TMDL for Tributaries to the Potomac River: Sugarland Run, Mine Run, and Pimmit Run.

2. Bacteria TMDL for Tributaries to the Potomac River: Prince William and Stafford Counties.

The impaired streams included in this report were Powells Creek, Quantico Creek, North Branch Chopawamsic Creek, South Fork Quantico Creek,  unnamed tributary to

the Potomac River, Austin Run, Accokeek Creek, Potomac Creek, and Potomac Run.

During the public comment period for these reports, DEQ received comments on both projects. Because of those comments, DEQ decided to pursue several changes to the TMDLs. The changes involved revising the water quality models to incorporate changes to pet loading assumptions and to the distribution of wildlife loadings, as well as accounting for reported sanitary sewer overflow loadings. Additionally, the revised reports include updated urban area information as defined by the 2010 U.S. census.

How to comment: The public comment period on the revised draft of the TMDL reports will extend from July 1, 2013, to July 31, 2013. 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: Jennifer Carlson, Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3859, or email jennifer.carlson@deq.virginia.gov.

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 29, 2013. 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 Forty-Three (13)

Virginia Lottery's "$50,000 Summer Cash Bash Promotion" Final Requirements for Operation (effective May 28, 2013)

Director's Order Number Forty-Four (13)

Virginia's Online Game Lottery; "Fast Play Crossword" Final Rules for Game Operation (This Director's Order becomes effective on the first sale date of the Matrix set forth in the "Fast Play Crossword" Official Game Rules, as adopted, and shall remain in full force and effect unless amended or rescinded by further Director's Order. Upon the effective date, these rules shall supersede and replace any and all prior Virginia Lottery "Fast Play Crossword" game rules.)

Director's Order Number Forty-Five (13)

Virginia's Online Game Lottery; "Fast Play Fast $50's Gold Bar Doubler" Final Rules for Game Operation (This Director's Order becomes effective on the first sale date of the Matrix set forth in the "Fast Play Fast $50's Gold Bar Doubler" Official Game Rules, as adopted, and shall remain in full force and effect unless amended or rescinded by further Director's Order. Upon the effective date, these rules shall supersede and replace any and all prior Virginia Lottery "Fast Play Fast $50's Gold Bar Doubler" game rules.)

Director's Order Number Forty-Six (13)

Virginia's Online Game Lottery; "Fast Play Summer Sizzler" Final Rules for Game Operation (This Director's Order becomes effective on the first sale date of the Matrix set forth in the "Fast Play Summer Sizzler" Official Game Rules, as adopted, and shall remain in full force and effect unless amended or rescinded by further Director's Order. Upon the effective date, these rules shall supersede and replace any and all prior Virginia Lottery "Fast Play Summer Sizzler" game rules.)

Director's Order Number Fifty-One (13)

"Cornhole Ticket Dispenser Promotion" Virginia Lottery Retailer Incentive Program Requirements (This Director's Order becomes effective on the date of its signing (June 6, 2013) and shall remain in full force and effect until ninety (90) days after the conclusion of the Incentive Program, unless otherwise extended by the Director.)

Director's Order Number Fifty-Two (13)

Certain Virginia Game Promotion; End of Promotion

In accordance with the authority granted by §§ 2.2-4002 B (15) and 58.1-4006 A of the Code of Virginia, I hereby give notice that the following Virginia Lottery Promotion will officially end at midnight on Monday, June 3, 2013:

Virginia Lottery's "$50,000 Summer Cash Bash" Promotion (43 13)

This order is available for inspection and copying during normal business hours at the Virginia Lottery headquarters, 900 East Main Street, Richmond, Virginia, and at any Virginia Lottery regional office. A copy may be requested by mail by writing to: Director's Office, Virginia Lottery, 900 East Main Street, Richmond, Virginia 23219.

This Director's Order is effective nunc pro tunc to midnight on June 3, 2013, and shall remain in full force and effect unless amended or rescinded by further Director's Order.

Director's Order Number Fifty-Three (13)

Virginia Lottery's "$50,000 Summer Cash Bash Promotion" Final Requirements for Operation (effective nunc pro tunc to midnight on June 3, 2013)

Director's Order Number Fifty-Seven (13)

Virginia's Instant Game Lottery 1427 "Red Hot Crossword" Final Rules for Game Operation (effective June 6, 2013)

Director's Order Number Fifty-Eight (13)

Virginia's Instant Game Lottery 1416 "Sapphire Riches" Final Rules for Game Operation (effective June 6, 2013)

Director's Order Number Fifty-Nine (13)

Virginia's Instant Game Lottery 1447 "Cash on the Spot" Final Rules for Game Operation (effective June 6, 2013)

Director's Order Number Sixty (13)

Virginia's Instant Game Lottery 1431 "Jewel 7's" Final Rules for Game Operation (effective June 6, 2013)

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Notice of Intent to Request 1115 Waiver for Early Implementation of MAGI Rules

The Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to solicit public comment on the department's request for Section 1115 demonstration waiver for early implementation of the modified adjusted gross income (MAGI) provisions related to eligibility determinations for certain medical assistance programs (Medicaid and FAMIS).

The Patient Protection and Affordable Care Act of 2010 mandates significant changes in how eligibility is determined for medical assistance programs for children, parent or caretaker relatives, and pregnant women beginning January 1, 2014.

The change requires the use of IRS tax rules for determining income and household composition for these individuals and brings the determination of eligibility in line with determinations of eligibility for the advance premium tax credit (APTC) and cost-sharing subsidies for individuals through the Federally Facilitated Marketplace. The Federally Facilitated Marketplace (Marketplace) will begin use of these new rules in October 2013 when open enrollment for health insurance coverage begins. In addition to making determinations of eligibility for the APTC and cost sharing subsidies, the Marketplace will also be assessing potential eligibility for medical assistance coverage using the same rules. If an individual or family appears to meet Medicaid or FAMIS requirements using the new rules, the Marketplace will send the application electronically to local departments of social services for processing. However, if the Virginia medical assistance programs are not using the same rules as the Marketplace, individuals assessed as being potentially eligible will be evaluated using a different set of rules, which could lead to a denial of coverage. Using two sets of rules to evaluate the same population could lead to confusion on the part of the applicants, as they will be informed by the Marketplace of their potential eligibility for medical assistance, and to unnecessary transfers of information between the two entities.

DMAS will hold two separate public hearings on this issue in July. DMAS will publish the details regarding these two hearings on the Commonwealth Calendar (http://www.virginia.gov/connect/commonwealth-calendar). This notice is intended to satisfy the requirements of the Center for Medicaid and CHIP Services State Health Official Letter #12-001 and section 10201(i) of the Patient Protection and Affordable Care Act. A copy of this notice is available for public review from Cindy Olson, Policy Division, Department of Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219, and this notice is available for public review on the Regulatory Town Hall (www.townhall.com).

The full public notice is available from the Department of Medical Assistance Services home page at http://dmas.virginia.gov/ through a link in the "What's New" column. Comments or inquiries may be submitted, in writing, within 30 days of this notice publication to Ms. Olson and such comments are available for review at the same address.

Contact Information: Cindy Olson, Policy Division, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, telephone (804) 225-4282, FAX (804) 786-1680, or email cindy.olson@dmas.virginia.gov.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North 9th Street, 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/connect/commonwealth-calendar.

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/documents/cumultab.pdf.

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.

ERRATA

MARINE RESOURCES COMMISSION

Title of Regulation: 4VAC20-1090. Pertaining to Licensing Requirements and License Fees.

Publication: 29:21 VA.R. 2550-2553 June 17, 2013.

Correction to Final Regulation:

Page 2550, Summary, clause (iv) should reflect that the amendments establish a recreational saltwater license and fee for "resident individuals" age 65 and older instead of for "nonresident individuals."

Page 2553, 4VAC20-1090-30, last line, the name of the license should read, "Individual Resident Lifetime License age 65 or older"

VA.R. Doc. No. R13-3762; Filed June 20, 2013, 10:20 a.m.

BOARD FOR CONTRACTORS

Title of Regulation: 18VAC50-22. Board for Contractors Regulations.

Publication: 29:19 VA.R. 2342-2347 May 20, 2013.

Correction to Emergency Regulation:

Page 2343, 18VAC50-22-65, change the section number to 18VAC50-22-62.

Page 2344, 18VAC50-22-130 C, second and third lines, change "18VAC50-22-65" to "18VAC50-22-62"

Page 2346, 18VAC50-22-260 B, at the end of subdivision 32, insert "33. Failure to obtain a building permit or applicable inspection, where required."

Page 2346, 18VAC50-22-260 B 33, change the subdivision number to 34

Page 2347, 18VAC50-22-260 B 34, change the subdivision number to 35

VA.R. Doc. No. R13-2849; Filed June 21, 2013, 3:49 p.m.