GENERAL NOTICES/ERRATA
Vol. 33 Iss. 15 - March 20, 2017

DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES

Provision of Independent Living Rehabilitation Services

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for Aging and Rehabilitative Services is conducting a periodic review and small business impact review of 22VAC30-30, Provision of Independent Living Rehabilitation Services. The review of this regulation will be guided by the principles in Executive Order 17 (2014).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins March 20, 2017, and ends April 20, 2017.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Vanessa S. Rakestraw, Ph.D., CRC, Policy Analyst, Department for Aging and Rehabilitative Services, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7612, FAX (804) 662-7663, or email vanessa.rakestraw@dars.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

AIR POLLUTION CONTROL BOARD

State Implementation Plan Revision - Municipal Solid Waste Landfills

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) plan for municipal solid waste landfills (MSWLs). A § 111(d) 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 MSWLs. 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 Municipal Solid Waste Landfills for which Construction, Reconstruction, or Modification was Commenced on or before July 17, 2014, Article 4-43.1 (9VAC5-40-5925 et seq.), of 9VAC5-40 (Existing Stationary Sources), Revision H16.

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: March 20, 2017, to May 1, 2017.

Public hearing: A public hearing will be held in Second Floor Conference Room A, Department of Environmental Quality, 629 East Main Street, Richmond, Virginia, at 10 a.m. on April 19, 2017, to accept comments concerning the proposed plan. Using the procedures explained in this notice, DEQ will also accept written comments through May 1, 2017.

Public comment stage: The public comment period and hearing are being conducted to satisfy the public participation requirements of federal regulations at 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 in this notice and not on the content of the regulations.

Description of proposal: EPA amended the designated pollutant emission guidelines for MSWLs on August 29, 2016 (81 FR 59276). In order to implement the guidelines, it was necessary for Virginia to adopt a new Article 43.1 containing the federal provisions and update the most current version of 40 CFR Part 60 listed in 9VAC5-20-21, Documents incorporated by reference. In addition to relevant regulations, the proposed plan revision contains an 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) plan revision under §§ 111(d) 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) plan with the exception of state-only enforceable provisions and provisions relevant to § 110 ozone controls. These affected provisions 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.

To review plan documents: The proposal is available on the DEQ Air Public Notices for Plans website at http://www.deq.virginia.gov/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 Department of Environmental Quality, Main Street Office, 629 East Main Street, 8th Floor, Richmond, VA 23218, 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 Revision - Northern Virginia Ozone Nonattainment Area

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed plan to attain and maintain the national ambient air quality standard for ozone in the Northern Virginia Ozone Nonattainment Area. The Commonwealth intends to submit the plan as a revision to the Commonwealth of Virginia State Implementation Plan (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 comments on the overall plan and on the issue of whether the plan demonstrates Virginia's ability to implement EPA's new source review permitting program for ozone nonattainment areas.

Public comment period: March 20, 2017, to April 20, 2017.

Public hearing: A public hearing will 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.

Description of proposal: The proposed revision consists of a certification that Virginia's existing Nonattainment New Source Review Program, covering the Washington, DC-MD-VA nonattainment area for the 2008 ozone NAAQS, is at least as stringent as the requirements at 40 CFR 51.165 for ozone and its precursors, as amended by the March 6, 2015 final rule, "Implementation of the 2008 National Ambient Air Quality Standard for Ozone: State Implementation Plan Requirements" (80 FR 12264). The nonattainment area consists of the Counties of Arlington, Fairfax, Loudoun, and Prince William; and the Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). 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 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) 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.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Briel Farm Solar LLC Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Henrico County

Briel Farm Solar, LLC, has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Henrico County pursuant to 9VAC15-60. The project is located in eastern Henrico County, immediately northeast of the I-295 and I-64 interchange. The project will have a maximum capacity of 20 megawatts alternating current. The solar panels will be sited across multiple parcels of land totaling approximately 230 acres. Proposed improvements include solar arrays and related infrastructure, access roads, fencing, possible stormwater management best management practices, and temporary erosion controls. The site is currently agricultural land and was previously rezoned to M-1c by the property owner.

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, or email mary.major@deq.virginia.gov.

DEPARTMENT OF GENERAL SERVICES

Request for Comments on Revision to Fees for Drinking Water Laboratory Certification - Effective May 1, 2017 - April 30, 2018

Purpose of notice and background information: The Division of Consolidated Laboratory Services (DCLS) is seeking comment on the revision to fees charged for certifying drinking water laboratories under 1VAC30-41-270.

1VAC30-41-270 I 2 requires DCLS to increase or decrease annually the fees charged for certifying drinking water laboratories using the Consumer Price Index-Urban percentage change, average-average for the previous calendar year published by the U.S. Bureau of Labor Statistics in February. For 2016, the percentage change, average-average is an additional 1.3%. See Table 24, page 74 in https://www.bls.gov/cpi/cpid1701.pdf.

This fee revision is exempt from the requirements of the Administrative Process Act. The Budget of the Commonwealth of Virginia (Chapter 780 of the 2016 Acts of Assembly, effective July 1, 2016) in Item 77 C 3a requires DCLS to provide notice and an opportunity to submit written comments on the revised fees.

The notice of fees for May 1, 2017, through April 30, 2018, will be published on the DCLS drinking water laboratory certification webpage after consideration of submitted comments.

Public comment period: March 20, 2017, to April 20, 2017.

How to comment: DCLS 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 DCLS by the last day of the comment period. All materials received are part of the public record. Email comments should be sent to rhonda.bishton@dgs.virginia.gov. The number for faxed comments is (804) 371-8305. Written comments should be sent to Rhonda Bishton, Regulatory Coordinator, Department of General Services, Attention: DCLS DW Fee Comments, 1100 Bank Street, Suite 420, Richmond, VA 23219. Agency contact: Rhonda Bishton, telephone (804) 786-3311.

Notice of fees for May 1, 2017 - April 30, 2018: DCLS requests comments on the revised fees in the notice below.

Virginia Division of Consolidated Laboratory Services
Fees for Drinking Water Laboratory Certification
(1VAC30-41-270)

Effective May 1, 2017 - April 30, 2018

TESTING CATEGORY

FEE

Microbiological testing

 

1 - 2 methods

$619

 

3 - 5 methods

$721

 

6+ methods

$825

Inorganic chemistry, nonmetals testing

 

1 - 2 methods

$670

 

3 - 5 methods

$876

 

6 - 8 methods

$1082

 

9+ methods

$1288

Inorganic chemistry, metals testing

 

1 - 2 methods

$1030

 

3 - 5 methods

$1236

 

6+ methods

$1441

Organic chemistry

 

1 - 2 methods

$1082

 

3 - 5 methods

$1288

 

6 - 8 methods

$1493

 

9+ methods

$1700

Radiochemistry

 

1 - 2 methods

$1134

 

3 - 5 methods

$1339

 

6+ methods

$1546

Asbestos

 

1 - 2 methods

$927

 

3 - 5 methods

$1134

 

6+ methods

$1339

How fees are calculated: DCLS calculates a laboratory's total fee by adding the fees for the number of test methods in each category in the fee table for which the laboratory is certified or applies to be certified. Contact Lab_Cert@dgs.virginia.gov for more information about the fee category for a specific method.

Additional fees apply when a laboratory:

• Applies for modification of certification under 1VAC30-41-110,

• Is moving its location when the move requires DCLS to perform an onsite assessment,

• Requests reinstatement of certification when DCLS requires an onsite assessment, or

Hourly fee for reviewers and calculation of total fee. The fee to be charged is the sum of the total hourly charges for all reviewers plus any onsite assessment costs incurred. The hourly charge per reviewer is $63. The charge per reviewer is determined by multiplying the number of hours expended in the review by $63.

Onsite review and travel expenses. If an onsite review is required, travel time and onsite review time will be charged at the same hourly rate of $63 and any travel expenses will be added.

When to pay: Payment is due at the time the application is made or annually thereafter upon receipt of the invoice from DCLS. Annual billing precedes the expiration of the current certificate.

How to pay: Pay fees by check, draft, or postal money order payable to the Treasurer, Commonwealth of Virginia, or submit electronically, if available. Payment must be in United States currency, with the exception that agencies and institutions of the Commonwealth of Virginia may submit interagency transfers for the amount of the fee.  Laboratories may also pay fees using credit cards. All fees must be sent to the following address, or submitted electronically, if available: DCLS, Attn: Lab Certification, 600 North 5th Street, Richmond, VA 23219. A fee payment form is available on the Drinking Water page of the DCLS website at www.dgs.virginia.gov/dcls.

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on March 1, 2017. The orders may be viewed at the Virginia Lottery, 900 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 201 North 9th Street, 2nd Floor, Richmond, Virginia.

Director's Order Number Nine (17)

Virginia Lottery's "Power Cruise" Final Rules for Operation (this Director's Order becomes effective on February 5, 2017, and shall remain in full force and effect through the end Promotion date unless amended or rescinded by further Director's Order)

Director's Order Number Twenty (17)

Virginia Lottery's Scratch Game 1772 "2X THE MONEY" Final Rules for Game Operation (effective February 7, 2017)

Director's Order Number Twenty-One (17)

Virginia Lottery's Scratch Game 1764 "777" Final Rules for Game Operation (effective February 7, 2017)

Director's Order Number Twenty-Two (17)

Virginia Lottery's Scratch Game 1766 "Tripling Crossword" Final Rules for Game Operation (effective February 10, 2017)

Director's Order Number Twenty-Three (17)

Certain Virginia Promotion; Promotion Amendment and End of Promotion - Virginia Lottery's We're Game for Education Promotion_FY17 (148 16) (effective February 10, 2017)

Director's Order Number Twenty-Four (17)

Certain Virginia Promotion; Promotion Start Date Correction and Promotion End Date Correction - Farm Fresh Big Money Super Ticket Promotion (164 16) is amended as follows in order to correct the all occurrences of the Promotion title to: Farm Fresh Super Ticket Big Money Promotion (164 16) (effective February 3, 2017)

Director's Order Number Thirty-Four (17)

Certain Virginia Game: Prize Structure Correction - $40,000 Taxes Paid (1743) (174 16) (effective February 17, 2017)

DEPARTMENT OF MINES, MINERALS AND ENERGY

Review of State Minerals Management Plan

A 57-day comment forum began on February 22, 2017, and ends April 20, 2017.

The Department of Mines, Minerals and Energy (DMME) is reviewing the State Minerals Management Plan (SMMP) pursuant to § 2.2-1157 of the Code of Virginia. As part of this process, DMME is accepting public comment on ways the SMMP can be improved. DMME is particularly interested in comments related to barriers, if any, that hinder development under the SMMP. Please submit comments via email to Michael Skiffington, Department of Mines, Minerals and Energy, Policy and Program Manager, email michael.skiffington@dmme.virginia.gov. Comments may also be sent via mail to Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219, telephone (804) 692-3212, FAX (804) 692-3237.

Contact Information: Michael Skiffington, Regulatory Coordinator, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219-3402, telephone (804) 692-3212, FAX (804) 692-3237, TDD (800) 828-1120, or email mike.skiffington@dmme.virginia.gov.

SAFETY AND HEALTH CODES BOARD

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Safety and Health Codes Board is currently reviewing each of the regulations listed below to determine whether the regulation should be repealed, amended, or retained in its current form. The review of each regulation will be guided by the principles in Executive Order 17 (2014). Public comment is sought on the review of any issue relating to each regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

16VAC25-20, Regulation Concerning Licensed Asbestos Contractor Notification, Asbestos Project Permits, and Permit Fees

16VAC25-30, Regulations for Asbestos Emissions Standards for Demolition and Renovation Construction Activities and the Disposal of Asbestos-Containing Construction Wastes-Incorporation by Reference, 40 CFR 61.140 through 61.156

16VAC25-40, Standard for Boiler and Pressure Vessel Operator Certification

16VAC25-70, Virginia Confined Space Standard for the Telecommunications Industry

16VAC25-97, Reverse Signal Operation Safety Requirements for Motor Vehicles, Machinery and Equipment in General Industry and the Construction Industry

The comment period begins March 20, 2017, and ends April 14, 2017.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall, and a report of the small business impact review will be published in the Virginia Register of Regulations.

Contact Information: Holly Raney, Regulatory Coordinator, Virginia Department of Labor and Industry, 600 East Main Street, Richmond, VA 23219, email holly.raney@doli.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Special Order for Boi Nae, LLC

An enforcement action has been proposed with Boi Nae, LLC for violations in Franklin County, Virginia. The special order by consent will address and resolve violations of environmental law and regulations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Jerry Ford, Jr. will accept comments by email at jerry.ford@deq.virginia.gov, or postal mail at Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, from March 20, 2017, to April 19, 2017.

Proposed Enforcement Action for Stoney Glen, LLC and Gibraltar, LLC

An enforcement action has been proposed for Stoney Glen, LLC and Gibraltar, LLC for violations of State Water Control Law that occurred in Chesterfield County, Virginia. A description of the proposed action is available online at www.deq.virginia.gov. Justin Brown will accept comments by email at justin.brown@deq.virginia.gov or postal mail at Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23219, from March 20, 2017, through April 19, 2017.

Proposed Enforcement Action for Tyson Farms, Inc.

An enforcement action has been proposed for Tyson Farms, Inc. for violations of the State Water Control Law in Temperanceville, Virginia. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Jennifer Coleman, Esq. will accept comments by email at jennifer.coleman@deq.virginia.gov, FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from March 20, 2017, to April 19, 2017.

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

BOARD FOR WATERWORKS AND WASTEWATER WORKS OPERATORS AND ONSITE SEWAGE SYSTEM PROFESSIONALS

Title of Regulation: 18VAC160-30. Waterworks and Wastewater Works Operators Licensing Regulations.

Publication: 33:11 VA.R. 1262-1293 January 23, 2017.

Correction to Final Regulation:

Page 1273, 18VAC160-30-360, subdivision B 1, clause (iv), after "growth" replace "contractors" with "contactors"

VA.R. Doc. No. R15-4114; Filed March 2, 2017, 4:08 p.m.

Title of Regulation: 18VAC160-40. Onsite Sewage System Professionals Licensing Regulations.

Publication: 33:11 VA.R. 1262-1293 January 23, 2017.

Correction to Final Regulation:

Page 1285, 18VAC160-40-260, first paragraph, after "has been" replace "meet" with "met"

Page 1290, 18VAC160-40-390, subdivision B 1, line 4, after "functions" insert a comma

VA.R. Doc. No. R15-4114; Filed March 7, 2017, 9:38 a.m.