NOTICES OF INTENDED REGULATORY ACTION
Vol. 33 Iss. 10 - January 09, 2017

TITLE 9. ENVIRONMENT
Permits for Stationary Sources (Rev. K16)
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Air Pollution Control Board intends to consider amending 9VAC5-80, Permits for Stationary Sources (Rev. K16). Title V of the 1990 Clean Air Act requires that states develop permit fee programs to pay for all of the direct and indirect costs of the state's Title V Permit Program. Virginia's Title V Permit Program is projected to become underfunded in fiscal year (FY) 2018 because air emission fee revenue is decreasing and because the fee schedule does not reflect actual costs of the program. The intent of this regulatory action is to comply with state and federal requirements to fully fund Virginia's Title V Permit Program. The goal of this proposed action is to increase Title V fees enough to fully fund the Title V program, to restructure the existing Title V fee schedule to better reflect actual costs of the program, and to make other amendments determined to be necessary including clarification of the regulatory text.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 10.1-1308 of the Code of Virginia; §§ 110, 112, 165, 173, 182, and Title V of the federal Clean Air Act; 40 CFR Parts 51, 61, 63, 63, 70, and 72.

Public Comment Deadline: February 8, 2017.

Agency Contact: Gary E. Graham, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4103, or email gary.graham@deq.virginia.gov.

VA.R. Doc. No. R17-4981; Filed December 16, 2016, 6:42 p.m.
TITLE 9. ENVIRONMENT
General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Potable Water Treatment Plants
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Water Control Board intends to consider amending 9VAC25-860, General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Potable Water Treatment Plants. The purpose of the proposed action is to establish appropriate and necessary permitting requirements for discharges of wastewater from potable water treatment plants. The proposed regulation will set forth standard language for effluent limitations and monitoring requirements necessary to regulate this category of dischargers. These discharges are considered to be point sources of pollutants and thus are subject to regulation under the VPDES permit program. The permit regulation specifies requirements that protect water quality below the discharge and that is essential to protect the health, safety, or welfare of citizens.

The primary issue that needs to be addressed is that the existing general permit expires on June 30, 2018, and must be reissued in order to continue making it available after that date. Other issues that need consideration are: whether authorization to discharge should consider facilities with groundwater contamination, whether the registration statement requirements need to be clarified, whether the numerical limits and special conditions are still appropriate, whether land application requirements for water treatment residuals should be added, and whether the whole effluent toxicity requirements need to be adjusted. The regulation will also be reviewed for clarity based on questions raised during the implementation of the 2013 permit, if any additional conditions or other revisions are needed to make the potable water treatment plant general permit consistent with other types of general permits reissued since 2013, or any other issues raised during public comment and technical advisory committee discussions.

In addition, pursuant to Executive Order 17 (2014) and § 2.2-4007.1 of the Code of Virginia, the agency is conducting a periodic review and small business impact review of this regulation to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economic performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; (iii) is designed to achieve its intended objective in the most efficient, cost-effective manner; (iv) is clearly written and easily understandable; (v) overlaps, duplicates, or conflicts with federal or state law or regulation; and (vi) whether technology, economic conditions, or other factors have changed in the area affected by the regulation since the last review.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 62.1-44.15 of the Code of Virginia.

Public Comment Deadline: February 8, 2017.

Agency Contact: Elleanore Daub, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4067, FAX (804) 698-4032, TTY (804) 698-4021, or email elleanore.daub@deq.virginia.gov.

VA.R. Doc. No. R17-5011; Filed December 16, 2016, 8:37 a.m.
TITLE 12. HEALTH
Family Access to Medical Insurance Security Plan
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Medical Assistance Services intends to consider amending 12VAC30-141, Family Access to Medical Insurance Security Plan. The purpose of the proposed action is to update the FAMIS and FAMIS MOMS regulations after a periodic review. Regulations currently in place describe the implementation and oversight of the state's Children's Health Insurance Program (CHIP) (known in Virginia as the Family Access to Medical Insurance Security (FAMIS) Plan) and the CHIP waiver program for pregnant women known as FAMIS MOMS. Effective January 1, 2014, the Affordable Care Act required eligibility for health coverage under all health insurance affordability programs, including CHIP, to be based on a new modified adjusted gross income (MAGI) methodology. Calculating an applicant's MAGI eligibility entails defining household composition and executing income-counting procedures based on U.S. Internal Revenue Service rules. Federal law requires these changes to be made in the State Child Health Plan under Title XXI of the Social Security Act. Amendments under consideration would incorporate the required changes in eligibility determination standards and updates to operational processes supporting eligibility and renewal actions. Because the FAMIS MOMS program operates as a CHIP waiver, corresponding regulations related to FAMIS MOMS are also affected.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 32.1-325 of the Code of Virginia.

Public Comment Deadline: February 8, 2017.

Agency Contact: Emily McClellan, Regulatory Supervisor, Department of Medical Assistance Services, Policy Division, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, or email emily.mcclellan@dmas.virginia.gov.

VA.R. Doc. No. R17-4662; Filed December 19, 2016, 11:57 a.m.
TITLE 22. SOCIAL SERVICES
Auxiliary Grants Program
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department for Aging and Rehabilitative Services intends to consider amending 22VAC30-80, Auxiliary Grants Program. The purpose of the proposed action is to add supportive housing as an option for individuals receiving the auxiliary grant. The regulation needs to be amended to provide clear guidance regarding the supportive housing setting, which is a new living arrangement that individuals who receive auxiliary payments may choose, in accordance with Chapter 567 of the 2016 Acts of Assembly. The goals of this amended regulation are to (i) add information about supportive housing as a new setting for auxiliary grants, (ii) define requirements for providers of the supportive housing setting, (iii) clarify providers responsibilities for each setting, and (iv) update terminology and other provisions for the Auxiliary Grant Program.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 51.5-131 and 51.5-160 of the Code of Virginia.

Public Comment Deadline: February 9, 2017.

Agency Contact: Tishaun Harris-Ugworji, Program Consultant, Department for Aging and Rehabilitative Services, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7531, or email tishaun.harrisugworji@dars.virginia.gov.

VA.R. Doc. No. R17-4816; Filed December 16, 2016, 4:22 p.m.