GENERAL NOTICES/ERRATA
Vol. 32 Iss. 9 - December 28, 2015

AIR POLLUTION CONTROL BOARD

State Implementation Plan Revision - Revision B15

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 (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 Emission Standards for Stationary Sources Subject to Case-by-Case RACT Determinations, Article 51 of 9VAC5-40 (Existing Stationary Sources), Revision B15.

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: 30-Day Comment Forum December 28, 2015, to January 27, 2016.

Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed at the end of this notice. 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 c of the Administrative Process Act because they are necessary to meet the requirements of the federal Clean Air Act and do not differ materially from the pertinent EPA regulations. Since the amendments have been adopted and 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: The proposed revision consists of adding new requirements for the case-by-case determination of reasonably available control technology (RACT) needed in order to meet the EPA 0.075 parts per million (ppm) National Ambient Air Quality Standard (NAAQS) for ozone. On March 6, 2015 (80 FR 12264), EPA amended subpart X to 40 CFR Part 51, which covers the implementation of the 2008 eight-hour ozone standard. The Northern Virginia Ozone Nonattainment Area, which corresponds to the Northern Virginia Volatile Organic Compound (VOC) and Nitrogen Oxides (NOX) Emissions Control Areas and which is part of the Ozone Transport Region (OTR), must meet the RACT requirements of 40 CFR 51.1116. This section of the EPA rule specifies dates by when RACT must be implemented in the OTR. The state regulations must be consistent with the federal regulations in order for the state to implement RACT.

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. 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 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 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, 8th Floor, 629 East Main Street, Richmond, VA, telephone (804) 698-4070, and

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

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.

BOARD FOR CONTRACTORS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Contractors conducted a small business impact review of 18VAC50-22, Board for Contractors Regulations, and determined that this regulation should be retained in its current form. The Board for Contractors is publishing its report of findings dated December 1, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

Sections 54.1-201.5 and 54.1-1102 of the Code of Virginia mandate the Board for Contractors to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The regulation does not have an adverse economic impact on small businesses. Rather, the regulation allows businesses that meet specific minimum competencies to become Virginia licensed contractors. No relevant complaints or comments were received. The regulation is clearly written and is easily understandable. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent evaluation occurred in 2011, which resulted in no changes to the current regulations. The board discussed the regulation and, for the reasons stated, determined that the regulation should not be amended or repealed but should be retained in its current form.

Contact Information: Eric L. Olson, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2785, FAX (866) 430-1033, or email contractors@dpor.virginia.gov.

FAIR HOUSING BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Fair Housing Board conducted a small business impact review of 18VAC62-10, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Fair Housing Board is publishing its report of findings dated December 2, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

Section 2.2-4007.02 of the Code of Virginia mandates the agency to solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing public participation guidelines, which promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the agency is better equipped to effectively regulate the occupation or profession. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or contravene federal or state law or regulation. The most recent periodic review of the regulation occurred in 2012. On December 2, 2015, the board discussed the regulation and, for the reasons stated, determined that the regulation should not be amended or repealed but should be retained in its current form

Contact Information: Christine Martine, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, FAX (866) 826-8863, or email fairhousing@dpor.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Fair Housing Board conducted a small business impact review of 18VAC62-20, Fair Housing Board Certification Regulations, and determined that this regulation should be retained in its current form. The Fair Housing Board is publishing its report of findings dated December 2, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

Section 54.1-201.5 of the Code of Virginia mandates the Fair Housing Board to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation. The Fair Housing Board provides protection to the safety and welfare of the citizens of the Commonwealth by ensuring that only those individuals who meet specific criteria set forth in the statutes and regulations are eligible to receive a fair housing certificate. The board is also tasked with ensuring that its regulants meet standards of practice that are set forth in the regulations. No comments or complaints were received during the public comment period. The regulation is clearly written, easily understandable, and does not overlap, duplicate, or conflict with federal or state law or regulation. The most recent evaluation occurred in 2012. The board discussed the regulation and, for the reasons stated, determined that the regulation should not be amended or repealed but should be retained in its current form.

Contact Information: Christine Martine, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, FAX (866) 826-8863, or email fairhousing@dpor.virginia.gov.

DEPARTMENT OF HEALTH

January 2016 - Drinking Water State Revolving Funds

The Virginia Department of Health (VDH) is pleased to announce several opportunities for funding drinking water infrastructure. All applications may be submitted year round; however, VDH will conduct one round of evaluations for requests submitted by the deadlines. Applications postmarked/received after the due date will be considered for funding in the following round.  Funding is made possible by the Drinking Water State Revolving Fund (DWSRF) Program and the Water Supply Assistance Grant Fund (WSAG) Program (if funds are available). The FY 2017 DWSRF Intended Use Plan will be developed using input on these issues.

(1) Public Comments and Set-Aside Suggestions Invited (Submission deadline April 1, 2016). To identify ways to improve the Program, VDH seeks meaningful input from the public, the waterworks industry, or other interested parties. Anyone may make comments or recommendations to support or revise the Program. Anyone has the opportunity to suggest new or continuing set-aside (nonconstruction) activities. Set-aside funds help VDH assist waterworks owners to prepare for future drinking water challenges and assure the sustainability of safe drinking water. VDH will consider all comments and suggestions submitted by April 1, 2016.

(2) Construction and refinance fund requests (Application deadline April 1, 2016). Owners of community waterworks and nonprofit noncommunity waterworks are eligible to apply for construction funds. VDH makes selections based on criteria described in the DWSRF Program Design Manual, such as existing public health problems, noncompliance, affordability, regionalization, and the availability of matching funds.  Readiness to proceed with construction is a key element. An instruction packet and construction project schedule are included. VDH anticipates a funding level of $25 million.

(3) 1452(k) Source Water Protection Initiatives (Application deadline April 1, 2016). This provision allows VDH to loan money for activities to protect important drinking water resources. Loan funds are available to community and nonprofit noncommunity waterworks to acquire land/conservation easements and to community waterworks, only to establish local voluntary incentive-based protection measures.

(4) Planning and Design Grants (Application deadlines April 1, 2016 and September 1, 2016). Private and public owners of community waterworks are eligible to apply for these grant funds.  Grants can be up to $50,000 per project for small, financially stressed, community waterworks serving fewer than 10,000 persons.  Eligible projects may include preliminary engineering planning, design of plans and specifications, performance of source water quality and quantity studies, drilling test wells to determine source feasibility, or other similar technical assistance projects.  These funds could assist the waterworks owner in future submittals for construction funds.  There are two application deadlines for planning grant application submittals: April 1, 2016 and September 1, 2016. VDH intends to conduct two rounds of evaluations and offers.

The VDH's DWSRF Program Design Manual describes the features of the above opportunities for funding. After receiving public input, VDH will develop a draft intended use plan (IUP) for public review and comment. When developed, the draft IUP will describe specific details for use of the funds. A public meeting is planned and written comments will be accepted before submittal of a final version to the U.S. Environmental Protection Agency for approval.

Applications, set-aside suggestion forms, Program Design Manuals, and information materials are available on the VDH website at http://www.vdh.virginia.gov/odw/financial/dwfundingprogramdetails.htm. This information can also be obtained from and comments can be sent to Steven Pellei, PE, FCAP Director, by calling (804) 864-7500, faxing (804) 864-7521, or writing to Virginia Department of Health, Office of Drinking Water, 109 Governor Street, 6th Floor, Richmond, VA 23219.

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; 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: 4VAC20-290. Marking of Leased Oyster Planting Ground.

Publication: 32:7 VA.R. 1138-1139 November 30, 2015.

Correction to Final Regulation:

Page 1138, 4VAC20-290-15, insert as the first sentence of the section before "Active work areas":

"The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:"

VA.R. Doc. No.R16-4515; Filed December 16, 2015, 9:36 a.m.

STATE BOARD OF SOCIAL SERVICES

Title of Regulation: 22VAC40-210. Permanency Services - Prevention, Foster Care, Adoption and Independent Living.

Publication: 32:7 VA.R. 1293-1312 November 30, 2015.

Correction to Proposed Regulation:

Page 1302, 22VAC40-201-40, column 1, replace subsection E. F. with the following:

E. F. When a child is to be placed in a home in the local department is considering placement of a child in a foster or adoptive home approved by another local department's jurisdiction department within Virginia, the local department intending to place the child shall notify the local department that approved the home that the home is being considered for the child's placement. The local department consult with the approving local department about the placement of the child and shall also verify that the home is still approved and shall consult with the approving local department about placement of the child.

VA.R. Doc. No.R13-3751; Filed December 8, 2015, 2:25 p.m.