GENERAL NOTICES/ERRATA
Vol. 30 Iss. 2 - September 23, 2013

GENERAL NOTICES/ERRATA

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Agricultural Stewardship Act 2012 Annual Report

The Commissioner of Agriculture and Consumer Services announces the availability of the annual report of the Agricultural Stewardship Act (ASA) entitled "Virginia Agricultural Stewardship Act Annual Report, April 1, 2012 - March 31, 2013: A Positive Approach." Copies of this report can be obtained by contacting Joyce Knight by telephone at (804) 786-3538 or by email at joyce.knight@vdacs.virginia.gov. The report can also be obtained from the Department of Agriculture and Consumer Services' website at http://www.vdacs.virginia.gov/stewardship/index.shtml. A written request may be sent to the Virginia Department of Agriculture and Consumer Services, Office of Policy, Planning and Research, P.O. Box 1163, 102 Governor Street, Suite 219, Richmond, VA 23218. Copies of the report are available without charge.

Questions regarding the report may be directed to the ASA office at (804) 786-2658.

AIR POLLUTION CONTROL BOARD

Section 111(d)/129 Plan - Proposed Revision

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's § 111(d)/129 plan for commercial/industrial solid waste incinerators (CISWIs). A § 111(d)/129 plan is developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean Air Act to implement and enforce emissions guidelines for solid waste incineration units. The Commonwealth intends to submit the plan to the U.S. Environmental Protection Agency (EPA) in accordance with the requirements of the federal Clean Air Act.

Regulations affected: The regulations of the board affected by this action are as follows: Documents incorporated by reference, 9VAC5-20-21 of 9VAC5-20 (General Provisions); and Emission Standards for Commercial/Industrial Solid Waste Incinerators (Rule 4-45), Article 45 (9VAC5-40-6250 et seq.) of 9VAC5-40 (Existing Stationary Sources).

Purpose of notice: DEQ is seeking comment on the overall plan and on the issue of whether any regulations or inventory information included in the plan should be submitted to EPA as part of the plan.

Public comment period: September 23, 2013, to October 23, 2013.

Public hearing: A public hearing will be held in Second Floor Conference Room A, Department of Environmental Quality, 629 East Main Street, Richmond, VA, at 9 a.m. on October 23, 2013, to accept comments concerning the proposed plan.

Public comment stage: The public comment period and hearing are being conducted to satisfy the public participation requirements of 40 CFR 60.23(c) and (d). The regulations included in this plan have been adopted by the State Air Pollution Control Board in accordance with the Code of Virginia and with public participation as required by the Code of Virginia, the federal Clean Air Act, and the Code of Federal Regulations. Because the regulations have been adopted, DEQ is accepting comment only on the issues cited above and not on the content of the regulations.

Description of proposal: EPA amended the designated pollutant emission guidelines for CISWIs in the Federal Register of February 7, 2013, (78 FR 9112). In order to implement the guidelines, it was necessary for Virginia to amend the state regulation (Rule 4-45) containing the federal provisions and to update the most current version of 40 CFR Part 60 listed in 9VAC5-20-21 (Documents incorporated by reference). In addition to affected regulations, the proposed plan revision contains an updated inventory of affected facilities.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations and not any provision of state law. The proposal will be submitted as a § 111(d)/129 plan revision under §§ 111(d) and 129 of the federal Clean Air Act in accordance with 40 CFR 60.23(c) and (d). It is planned to submit all provisions of the proposal as a Commonwealth of Virginia § 111(d)/129 plan with the exception of state-only enforceable provisions, which are specifically identified in the plan.

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. Both oral and written comments are accepted at the public hearing. DEQ prefers that comments be provided in writing, along with any supporting documents or exhibits. All materials received are part of the public record. DEQ will accept written comments through October 23, 2013.

To review plan documents: The proposal is 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 DEQ Main Street Office, 8th Floor, 629 East Main Street, Richmond, VA, telephone (804) 698-4070.

Contact Information: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.

State Implementation Plan Proposed Revision - Proposed Five Year Progress Report Regarding Visibility Impairment in Federal Class I Areas

Notice of action: The Department of Environmental Quality (DEQ) is seeking comments and announcing a public hearing on a proposed five-year progress report regarding visibility impairment in Federal Class I areas. Virginia is home to two such areas: Shenandoah National Park and James River Face Wilderness. The Commonwealth intends to submit the report as a revision to the Virginia State Implementation Plan (SIP) in accordance with the requirements of §§ 110(a) and 169A 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).

Purpose of notice: DEQ is seeking comments on the progress report, on the conclusion that the Virginia Class I areas are on track to meet their reasonable progress goals by 2018, and on the conclusion that no additional controls are necessary in this planning period.

Public comment period: September 23, 2013, to October 23, 2013.

Public hearing: A public hearing will be conducted on October 22, 2013, in Conference Room A, Department of Environmental Quality, 629 East Main Street, Richmond, VA at 10 a.m. Directions may be found at http://www.deq.virginia.gov/Locations/CentralOffice.aspx.

Description of proposal: Virginia is required by 40 CFR 51.308(g) to submit to EPA and adopt into the Virginia SIP a report evaluating progress toward the reasonable progress goals provided in Virginia's Regional Haze Plan. The report must contain a description of the status of the implementation of all measures included in the plan, a summary of emission reductions, an assessment of visibility conditions and changes, and other analyses. Additionally, the report must contain an assessment of whether the current plan elements and strategies are sufficient to enable Virginia to meet established reasonable progress goals for visibility improvement. The proposed progress report provides the required analyses, demonstrates that Virginia Class I areas are on track to meet the reasonable progress goals outlined in Virginia's Regional Haze Plan, and concludes that no additional controls are necessary for this planning period.

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) and 169A 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.

Consultation with federal land managers (FLMs): As provided in 40 CFR 51.302(b)(2), the FLMs were given the opportunity to comment on the proposal from June 17, 2013, to August 19, 2013. FLM comments on the proposed progress report and DEQ responses to these comments are located in Appendix B of the report.

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. Both oral and written comments are accepted at the public hearing. DEQ prefers that the comments be provided in writing, along with any supporting documents or exhibits. All materials received are 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 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) DEQ Main Street Office, 8th Floor, 629 East Main Street, Richmond, VA, telephone (804) 698-4000;

2) Southwest Regional Office, 355 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;

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, or email doris.mcleod@deq.virginia.gov.

STATE BOARD OF ELECTIONS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Elections has conducted a small business impact review of 1VAC20-90, Campaign Finance and Political Advertisements, and determined that this regulation should be retained in its current form. The State Board of Elections is publishing its report of findings dated September 4, 2013, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

The regulation mandated by legislation meets the criteria of Executive Order 14 (2010); the regulation is clearly written and easily understandable. Campaign finance staff reports that no filings subject to the regulation have been received. The regulation promotes efficiency by encouraging electronic filing and appears to be working.

Contact Information: Martha Brissette, Policy Analyst, State Board of Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804) 864-8925, FAX (804) 371-0194, or email martha.brissette@sbe.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 August 26, 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, 201 North 9th Street, 2nd Floor, Richmond, VA.

Director's Order Number Fifty-Six (13)

"Holiday Scratcher Sales Explosion Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (effective on the date of its signing, August 8, 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 Sixty-Eight (13)

"Live It Redskins Mega Millions Coupon Giveaway" Virginia Lottery Player Giveaway Program Promotion Requirements (effective on the date of its signing, August 9, 2013, and shall remain in full force and effect until ninety (90) days after the conclusion of the Promotion Program, unless otherwise extended by the Director)

Director's Order Number Sixty-Nine (13)

Virginia's Instant Game Lottery 1448 "Winner Take All" Final Rules for Game Operation (effective August 9, 2013)

Director's Order Number Seventy (13)

Virginia Lottery's "25th Birthday Fest" Sweepstakes Final Rules for Operation (effective August 8, 2013)

Director's Order Number Seventy-One (13)

Virginia's Instant Game Lottery 1435 "Zombies" Final Rules for Game Operation (effective August 9, 2013)

Director's Order Number Seventy-Three (13)

Virginia's Instant Game Lottery 1453 "21 Blackjack" Final Rules for Game Operation (effective August 9, 2013)

Director's Order Number Seventy-Four (13)

Virginia's Instant Game Lottery 1469 "50X The Money" Final Rules for Game Operation (effective August 9, 2013)

Director's Order Number Eighty-Four (13)

Virginia's Instant Game Lottery 1436 "$25 Grand" Final Rules for Game Operation (effective August 26, 2013)

Director's Order Number Eighty-Five (13)

Virginia's Instant Game Lottery 1433 "Money Multiplier" Final Rules for Game Operation (effective August 26, 2013)

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: The cumulative table lists 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. The cumulative table is available online 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

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Title of Regulation: 12VAC30-120. Waivered Services.

Publication: 29:18 VA.R. 2219-2238 May 6, 2013.

Correction to Final Regulation:

Page 2228, insert and strike 12VAC30-120-65, Consumer-directed services: personal assistance and respite care services, as repealed in its entirety.

VA.R. Doc. No. R13-3218; Filed September 3, 2013, 12:00 p.m.