GENERAL NOTICES/ERRATA
Vol. 33 Iss. 17 - April 17, 2017

DEPARTMENT OF ENVIRONMENTAL QUALITY

Spring Grove Solar, LLC Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Surry County

Spring Grove 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 (solar) project to be located in Surry County. The proposed project will be located to the northeast of the intersection of Colonial Trail (Route 10) and Swanns Point Road (Route 610). The project will have a maximum 100 megawatts alternating current across roughly 2676 acres on multiple parcels. The project will interconnect into the transmission line that bisects the site by way of a substation built on an adjacent parcel.

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.

STATE BOARD OF HEALTH

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 Department of Health is conducting a periodic review and small business impact review of 12VAC5-71, Regulations Governing Virginia Newborn Screening 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 The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 April 17, 2017, and ends May 8, 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 Susan Puglisi, Policy Analyst, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7175, FAX (804) 864-7652, or email susan.puglisi@vdh.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.

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 Twenty-Five (17)

Virginia Lottery's Scratch Game 1745 "$50 Mayhem" Final Rules for Game Operation (effective March 6, 2017)

Director's Order Number Twenty-Six (17)

Virginia Lottery's Scratch Game 1747 "$100 Mayhem" Final Rules for Game Operation (effective March 6, 2017)

Director's Order Number Twenty-Seven (17)

Virginia Lottery's Scratch Game 1749 "$500 Mayhem" Final Rules for Game Operation (effective March 6, 2017)

Director's Order Number Twenty-Eight (17)

Virginia Lottery's Scratch Game 1751 "$1,000 Mayhem" Final Rules for Game Operation (effective March 6, 2017)

Director's Order Number Twenty-Nine (17)

Virginia Lottery's Scratch Game 1776 "$50,000 Crossword Tripler" Final Rules for Game Operation (effective March 6, 2017)

Director's Order Number Thirty (17)

Virginia Lottery's Scratch Game 1765 "Virginia's $250,000 Double Play®" Final Rules for Game Operation (effective March 6, 2017)

Director's Order Number Thirty-One (17)

Virginia Lottery's Scratch Game 1775 "Pirate's Loot" Final Rules for Game Operation (effective March 6, 2017)

Director's Order Number Thirty-Three (17)

Virginia Lottery's Scratch Game 1762 "5X The Money" Final Rules for Game Operation (effective March 6, 2017)

Director's Order Number Thirty-Five (17)

Virginia Lottery's Computer-Generated Game "Cash 5" Final Rules for Game Operation (this Director's Order becomes effective on March 9, 2017, fully replaces any and all prior Virginia Lottery "Cash 5" game rules, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number Thirty-Seven (17)

Virginia Lottery's Scratch Game 1777 "We're Game For Education" Final Rules for Game Operation (effective March 14, 2017)

Director's Order Number Thirty-Eight (17)

Virginia Lottery's Q4 FY17 eXTRA CHANCES Scratcher Promotion Final Rules for Operation (this Director's Order becomes effective on March 29, 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 Thirty-Nine (17)

Virginia Lottery's Scratch Game 1799 "Go For The Green!" Final Rules for Game Operation (effective March 14, 2017)

Director's Order Number Forty-One (17)

Virginia's Computer-Generated Lottery Game "Pick 4" Final Rules for Game Operation (this Director's Order becomes effective on March 21, 2017, fully replaces any and all prior Virginia Lottery "Pick 4" game rules, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number Forty-Two (17)

Virginia's Computer-Generated Lottery Game "Pick 3" Final Rules for Game Operation (this Director's Order becomes effective on March 21, 2017, fully replaces any and all prior Virginia Lottery "Pick 3" game rules, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number Forty-Four (17)

Virginia's Computer-Generated Lottery Game "Bank A Million" Final Rules for Game Operation (this Director's Order becomes effective on March 21, 2017, fully replaces any and all prior Virginia Lottery "Bank A Million" game rules, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number Forty-Eight (17)

Virginia Lottery's "Thank A Teacher" Final Rules for Operation (effective April 3, 2017)

Director's Order Number Forty-Nine (17)

Virginia Lottery "EXTRA 1% Commissions Retailer Incentive Promotion" (effective June 1, 2017)

DEPARTMENT OF MEDICAL ASSISTANCE

Update to the Average Commercial Rate Calculation of Supplemental Payments for Physicians Affiliated with Type One Hospitals Effective April 1, 2017 - Notice of Intent to Amend the Virginia State Plan for Medical Assistance (pursuant to § 1902(a)(13) of the Social Security Act (42 USC § 1396a(a)(13)))

The Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to amend the Virginia State Plan for Medical Assistance to provide for changes to the Methods and Standards for Establishing Payment Rates; Other Types of Care (12VAC30-80).

Reimbursement Changes Affecting Other Types of Care (12VAC30-80):

12VAC30-80-30 is being amended to update the average commercial rate calculation of supplemental payments for physicians affiliated with Type One Hospitals in Virginia effective April 1, 2017. The updated average commercial rate percentage of Medicare is 256% (combined).

The expected increase in annual expenditures is $8,429,606.

This notice is intended to satisfy the requirements of 42 CFR § 447.205 and of § 1902(a)(13) of the Social Security Act, 42 USC § 1396a(a)(13). A copy of this notice is available for public review from William Lessard, Provider Reimbursement Division, Department of Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219, or via email at william.lessard@dmas.virginia.gov.

This notice also is available for public review on the Virginia Regulatory Town Hall at www.townhall.virginia.gov, on the General Notices page at https://townhall.virginia.gov/L/generalnotice.cfm.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, TDD (800) 343-0634, or email emily.mcclellan@dmas.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Enforcement Action for the City of Franklin Wastewater Treatment Plant

An enforcement action has been proposed for the City of Franklin Wastewater Treatment Plant for violations of the State Water Control Law in Franklin, 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 April 17, 2017, to May 17, 2017.

Proposed Consent Order for Old Trail Creekside IV, LLC

An enforcement action has been proposed for Old Trail Creekside IV, LLC for violations at Old Trail Creekside Phase III in Albemarle County, Virginia. The State Water Control Board proposes to issue a consent order to Old Trail Creekside IV, LLC to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Tamara Ambler will accept comments by email at tamara.ambler@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, from April 17, 2017, to May 16, 2017.

Proposed Consent Order for PM Properties, Inc.

An enforcement action has been proposed for PM Properties, Inc. for violations at a facility in Verona, Virginia. The State Water Control Board proposes to issue a consent order to PM Properties, Inc. to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Tamara Ambler will accept comments by email at tamara.ambler@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, from April 17, 2017, to May 16, 2017.

Notice of Public Meeting on Total Maximum Daily Load for Woods Creek

Committee meeting information: A community meeting will be held Tuesday, April 18, 2017, at 6:30 p.m. at Maury River Middle School. This meeting will be open to the public, and all are welcome. In the case of inclement weather, the meeting will be postponed until Wednesday, April 19, 2017, at 6:30 p.m. For more information, please contact Tara Sieber at email tara.sieber@deq.virginia.gov or telephone at (540) 574-7870.

Purpose of notice: The Department of Environmental Quality (DEQ) and its contractors, Virginia Tech's Biological Systems Engineering Department, and the Technical Advisory Committee comprised of local landowners and interested parties will present the results of a water quality study known as a total maximum daily load (TMDL) for Woods Creek. This meeting is an opportunity for local residents to learn more about the water quality study and find out how they can assist in the process of water quality improvement.

Public comment period: April 18, 2017, through May 19, 2017.

Stakeholders are invited to comment on the draft TMDL document found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.

Meeting description: A public meeting will be held to introduce to the local community the water quality improvement process in Virginia, known as the TMDL process, review the work of the Technical Advisory Committee, solicit the input and involvement of the local community, and review the next steps. 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.

Description of study: Woods Creek does not meet water quality standards for recreation due to an excess of bacteria. In addition, this stream does not host a healthy and diverse population of aquatic life and subsequently was listed as impaired for the "General Benthic (Aquatic life)" water quality standards. The bacteria standard preserves the "Primary Contact (recreational or swimming)" designated use for Virginia waterways. Excessive bacteria levels may pose a threat to human health. This water quality study reports on the sources of bacterial contamination and recommends reductions to meet TMDLs for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, bacterial levels need to be reduced to the TMDL amount. Virginia agencies are working to identify sources of bacteria and will determine the pollutant cause of the benthic impairments as well as identify sources of this pollutant through a weight of evidence approach. Reductions and a TMDL for the cause of the impairment will be developed.

Stream

Locality

Impairment

Woods Creek

Lexington and Rockbridge County

Bacteria, Aquatic Life

How to comment and participate: The meetings of the TMDL process are open to the public, and all interested parties are welcome. Written comments will accepted through May 19, 2017, and should include the name, address, and telephone number of the person submitting the comments. For more information or to submit written comments, please contact Tara Sieber, Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7870, FAX (540) 574-7878, or email tara.sieber@deq.virginia.gov.

Public Meeting on Water Quality Study

The Virginia Department of Environmental Quality (DEQ) will host a public meeting on May 10, 2017, in Radford, Virginia on a water quality study for the New River and several of its tributaries in Radford City and Tazewell, Craig, Smyth, Wythe, Bland, Giles, Montgomery, Pulaski, Radford City, Carroll, and Floyd Counties.

The meeting will start at 6 p.m. at Radford University in Heth Hall, Room 22, 801 East Main Street, Radford, VA 24142. Parking will be available in Lots DD and EE. The purpose of the meeting is to present the draft total maximum daily load (TMDL) report, gather information, and discuss the study with community members. There will be a 30-day public comment period following the meeting for interested stakeholders to comment on the draft report. Written comments will accepted through June 9, 2017. Directions for how to submit a comment are provided in this notice. The draft TMDL report can be found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.

DEQ is working to identify sources of polychlorinated biphenyl (PCB) pollution in the New River watershed. This pollution decreases the quality of the water, prohibiting fish consumption. PCBs are chemicals that were used in commercial and industrial applications until the late 1970s and can remain in the environment for decades.

DEQ developed a total maximum daily load, or a TMDL, for the PCB impaired waters and will present the draft study at the meeting. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL amount.

Stream

County

Impairment

New River

Montgomery

PCBs in Fish Tissue

New River, Stony Creek

Giles

PCBs in Fish Tissue

Walker Creek

Giles

PCBs in Water Column

New River, Peak Creek

Pulaski

PCBs in Fish Tissue

New River, Reed Creek

Wythe

PCBs in Fish Tissue

The meetings of the TMDL process are open to the public, and all interested parties are welcome. Written comments on the draft TMDL report will be accepted through June 9, 2017, and should include the name, address, and telephone number of the person submitting the comments. To submit written comments, please contact Mark Richards, Department of Environmental Quality, Office of Watershed Programs, 629 East Main Street, Richmond, VA 23219, telephone (804) 698-4000, ext. 4392, or toll free (800) 592- 5482, and by email at mark.richards@deq.virginia.gov.

For more information, contact Mr. Richards; Mary Dail, Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, telephone (540) 562-6715, FAX (540) 562-6725, or email mary.dail@deq.virginia.gov; or Martha Chapman, 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.

Additional information is also available on the DEQ website at http://www.deq.virginia.gov/Programs/Water
/WaterQualityInformationTMDLs/TMDL/PCBTMDLs/NewRiverTMDLPCB.aspx
.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information through Thursday, June 15, 2017: 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.

New Contact Information beginning Monday, June 19, 2017: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 11th Floor, Richmond, VA 23219, Telephone: Voice will be available at a later date.

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 https://commonwealthcalendar.virginia.gov.

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

SAFETY AND HEALTH CODES BOARD

Title of Regulation: 16VAC25-60. Administrative Regulation for the Virginia Occupational Safety and Health Program.

Publication: 22:25 VA.R. 3877 - 3887 August 21, 2006.

Correction to Final Regulation:

Page 3884, 16VAC25-60-260 A 1 c, d, and e, in the first line of each subdivision change "1 b" to "1 a"

VA.R. Doc. No. R05-256; Filed April 4, 2017