GENERAL NOTICES/ERRATA
Vol. 33 Iss. 25 - August 07, 2017

DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

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 State Board of Behavioral Health and Developmental Services is conducting a periodic review and small business impact review of 12VAC35-12, Public Participation Guidelines.

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The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 August 7, 2017, and ends August 28, 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 Ruth Anne Walker, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 225-2252, FAX (804) 786-8623, or email ruthanne.walker@dbhds.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.

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 State Board of Behavioral Health and Developmental Services is currently reviewing each of the regulations listed below to determine whether the regulation should be repealed, amended, or retained in its current form.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.

12VAC35-190, Regulations for Voluntarily Admissions to State Training Centers

12VAC35-200, Regulations for Emergency and Respite Care Admission to State Training Centers

12VAC35-210, Regulations to Govern Temporary Leave from State Mental Health and State Mental Retardation Facilities

The comment period begins August 7, 2017, and ends September 7, 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 Ruth Anne Walker, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 225-2252, FAX (804) 786-8623, or email ruthanne.walker@dbhds.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 Virginia Regulatory Town Hall, and a report of the small business impact review will be published in the Virginia Register of Regulations.

DEPARTMENT OF ENVIRONMENTAL QUALITY

2016 Water Quality Assessment Integrated Report

The Virginia Department of Environmental Quality (DEQ) will release the Draft 2016 Water Quality Assessment Integrated Report (Integrated Report) on August 7, 2017, for public comment.

The Integrated Report combines both the 305(b) Water Quality Assessment and the 303(d) Report on Impaired Waters. Both are required by the Federal Clean Water Act and the Virginia Water Quality Monitoring Information and Restoration Act. The report will be available for download on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityAssessments.aspx throughout the public comment period, which will end September 6, 2017.

A public webinar summarizing the Integrated Report is scheduled for August 24, 2017. The public is invited to submit questions pertaining to the report during this event. All submitted questions will be addressed in a "FAQ" document that will be subsequently posted on the DEQ webpage. Registration information for the webinar can be found at https://attendee.gotowebinar.com/register
/8931096941103573505
.

Written comments on the draft Integrated Report can be sent to Sandra Mueller, Department of Environmental Quality, Office of Water Monitoring and Assessment, P.O. Box 1105, Richmond, VA 23218, by telephone at (804) 698-4324, or via email to sandra.mueller@deq.virginia.gov. Please include name, (U.S. mail) address, telephone number, and email address.

DEPARTMENT OF FORENSIC SCIENCE

Approved Marijuana Field Tests for Detection of Marijuana Plant Material

In accordance with the Regulations for the Approval of Marijuana Field Tests for Detection of Marijuana Plant Material (6VAC40-50) and under the authority of the Code of Virginia, the following marijuana field tests for detection of marijuana plant material are approved field tests:

THE SAFARILAND GROUP
13386 INTERNATIONAL PARKWAY
JACKSONVILLE, FLORIDA 32218-2383

 

NIK

 

Drug or Drug Type:

Manufacturer's Field Test:

Marijuana

Test E Duquenois-Levine Reagent

ODV NarcoPouch

 

Drug or Drug Type:

Manufacturer's Field Test:

Marijuana

908 Duquenois-Levine Reagent

SIRCHIE FINGERPRINT LABORATORIES
100 HUNTER PLACE
YOUNGSVILLE, NORTH CAROLINA 27596

 

NARK II

 

Drug or Drug Type:

Manufacturer's Field Test:

Marijuana

05-Duquenois-Levine Reagent

LYNN PEAVEY COMPANY
10749 WEST 84th TERRACE
LENEXA, KANSAS 66214-3612

 

QuickCheck

 

Drug or Drug Type:

Manufacturer's Field Test:

Marijuana

Marijuana (Duquenois-Levine Reagent)-10120

Contact Information: Amy M. Curtis, Department Counsel, Department of Forensic Science, 700 North 5th Street, Richmond, VA 23219, telephone (804) 786-6848, FAX (804) 786-6857, or email amy.curtis@dfs.virginia.gov.

BOARD OF PHARMACY

Scheduling of Chemicals in Schedule I

Pursuant to § 54.1-3443 D of the Code of Virginia, the Board of Pharmacy is giving notice of a public hearing to consider placement of chemical substances in Schedule I of the Drug Control Act. The public hearing will be conducted at 9 a.m. on September 26, 2017, at the Perimeter Center, 9960 Mayland Drive, Suite 201, Richmond, VA 23233. Public comment may also be submitted electronically or in writing prior to June 13, 2017, to Caroline Juran, Executive Director of the Board of Pharmacy to caroline.juran@dhp.virginia.gov.

Public comment period: August 7, 2017, through September 7, 2017.

The following compounds are classified as research chemicals. Compounds of this type have been placed in Schedule I (subdivision 3 of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.

1. 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT), its optical, position, and geometric isomers, salts and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

2. 5-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MIPT), its optical, position, and geometric isomers, salts and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

3. 5-methoxy-N-ethyl-N-isopropyltryptamine (5-MeO-EIPT), its optical, position, and geometric isomers, salts and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

 

4. 4-hydroxy-N,N-diisopropyltryptamine (4-OH-DIPT), its optical, position, and geometric isomers, salts and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

5. (N-methyl aminopropyl)-2,3-dihydrobenzofuran (MAPDB), its optical, position, and geometric isomers, salts and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

6. 3,4-tetramethylene-alpha-pyrrolidinovalerophenone (TH-PVP), its optical, position, and geometric isomers, salts and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

7. 4-chloro-alpha-methylamino-valerophenone (4-chloropentedrone), its optical, position, and geometric isomers, salts and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

The following compounds are powerful synthetic opioids. Compounds of this type have been placed in Schedule I (subdivision 1 of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.

1. 2-methoxy-N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-acetamide (Methoxyacetyl fentanyl), its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation.

2. N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (Cyclopropyl fentanyl), its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation.

The following compound is classified as a cannabimimetic agent. Compounds of this type have been placed in Schedule I (subdivision 6 of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.

N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)indazole-3-carboxamide (5-fluoro-ADB-PINACA), its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

Contact Information: Caroline Juran, RPh, Executive Director, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4456, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Order for Atack Investors, LLC

An enforcement action has been proposed for Atack Investors, LLC. The consent order describes a proposed action to resolve certain violations of State Water Control Law and the applicable regulations. A description of the proposed action is available online at www.deq.virginia.gov. Lee Crowell will accept comments by email at lee.crowell@deq.virginia.gov or postal mail at Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, from August 7, 2017, through September 6, 2017.

Proposed Consent Special Order for Conny Oil Inc.

An enforcement action has been proposed with Conny Oil Inc. for violations in Roanoke, 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 August 7, 2017, to September 6, 2017.

Proposed Consent Order for Nutley Street Service Center, LLC

An enforcement action has been proposed for Nutley Street Service Center, LLC for violations of the State Water Control Law and regulations at the Nutley Street Service Center located in Fairfax, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Nutley Street Service Center. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Stephanie Bellotti will accept comments by email at stephanie.bellotti@deq.virginia.gov or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from August 8, 2017, through September 7, 2017.

Amendment of Water Quality Management Planning Regulation

Notice of action: The State Water Control Board is considering the amendment of the regulation on water quality management planning in accordance with the public participation procedures for water quality management planning. A regulation is a general rule governing people's rights or conduct that is upheld by a state agency.

Purpose of notice: The board is seeking comments through the Department of Environmental Quality (DEQ) on the proposed amendment. The purpose of the amendment to the state's Water Quality Management Planning Regulation (9VAC25-720) is to adopt 12 new and three revised total maximum daily load (TMDL) wasteload allocations.

Public comment period: August 7, 2017, through September 6, 2017.

Description of proposed action: DEQ staff will propose amendments of the state's Water Quality Management Planning Regulation for the James River Basin (9VAC25-720-60 A), the Roanoke River Basin (9VAC25-720-80 A), the Tennessee-Big Sandy River Basin (9VAC25-720-90 A), and the Chesapeake Bay-Small Coastal-Eastern Shore River Basin (9VAC25-720-110 A). Statutory authority for promulgating these amendments can be found in § 62.1- 44.15(10) of the Code of Virginia.

Staff intends to recommend (1) that the board approve the five TMDL reports as the plan for the pollutant reductions necessary for attainment of water quality goals in the impaired segments, (2) that the board authorize inclusion of the five TMDL reports in the appropriate Water Quality Management Plan, and (3) that the board adopt 12 new and three revised TMDL wasteload allocations (WLAs) as part of the state's Water Quality Management Planning Regulation in accordance with § 2.2-4006 A 14 and § 2.2-4006 B of the Code of Virginia.

The TMDL reports were developed in accordance with federal regulations (40 CFR 130.7) and are exempt from the provisions of Article 2 (§ 2.2-4006 et seq.) of the Virginia Administrative Process Act. The reports were subject to the TMDL public participation process contained in DEQ's Public Participation Procedures for Water Quality Management Planning. The public comment process provides the affected stakeholders an opportunity for public appeal of the TMDL.

As of July 1, 2014, TMDL WLAs can receive State Water Control Board approval prior to EPA approval due to amendments outlined in § 2.2-4006 A 14 of the Code of Virginia. The five TMDL reports in this public notice have been reviewed by EPA for required TMDL elements but remain in draft form awaiting State Water Control Board approval. The draft reports can be found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.

Affected waterbodies and localities for the 12 new and three revised TMDL wasteload allocations:

James River Basin (9VAC25-720-60 A):

"Bacteria TMDL Development and a Proactive Approach to Address the Benthic Impairment for Woods Creek, Rockbridge County and City of Lexington, Virginia"

• The Woods Creek TMDL, located in the City of Lexington and Rockbridge County, proposes E. coli reductions for the Woods Creek watershed and provides a new E. coli wasteload allocation of 3.95E+11 cfu/year.

• The Woods Creek TMDL, located in the City of Lexington and Rockbridge County, proposes a proactive approach to address the benthic impairment on Woods Creek therefore no wasteload allocation is provided.

Roanoke River Basin (9VAC25-720-80 A):

"Bacterial TMDL Development for the Kerr Reservoir Tributaries Watersheds"

• The Ker Reservoir Tributaries TMDLs, located in Mecklenburg, Charlotte, and Brunswick Counties, proposes E. coli reductions for the Bluestone Creek, Little Bluestone Creek, Upper Allen Creek, Layton Creek, Lower Allen Creek, Kettles Creek, Cotton Creek, Smith Creek, Lizard Creek, and Unnamed Tributary-XUQ01A04 to Allen Creek watersheds and provides new E. coli wasteload allocations of 1.37E+11 cfu/year, 1.49E+12 cfu/year, 2.25E+11 cfu/year, 1.94E+11 cfu/year, 1.28E+12 cfu/year, 5.63E+10 cfu/year, 6.59E+10 cfu/year, 6.56E+11 cfu/year, 9.67E+10 cfu/year, 4.84E+9 cfu/year.

Tennessee-Big Sandy River Basin (9VAC25-720-90 A):

"Bacteria TMDL for McClure River Dickenson County, Virginia"

• The McClure River TMDL, located in Dickenson County, proposes E. coli reductions for the McClure River watershed and provides a new E. coli wasteload allocation of 4.56E+12 cfu/year.

Chesapeake Bay-Small Coastal-Eastern Shore River Basin (9VAC25-720-110 A):

1. "Total Maximum Daily Loads of Bacteria for Poquoson River and Back Creek in the City of Poquoson and York County, Virginia"

• The Poquoson River and Back Creek TMDLs, located in York County and the City of Poquoson, proposes fecal coliform reductions for the Poquoson River and Back Creek watersheds and provides revised fecal coliform wasteload allocations of 3.01E+14 counts/year and 1.76E+13 counts/year.

2. "Total Maximum Daily Loads of Bacteria for Back River in York County and the Cities of Hampton, Poquoson, and Newport News, Virginia"

• The Back River TMDL, located in York County and the Cities of Hampton, Poquoson, and Newport News, proposes fecal coliform reductions for the Back River watershed and provides a revised fecal coliform wasteload allocation of 4.38E+14 counts/year

How to comment: The DEQ accepts written comments by email, fax, and postal mail. All written comments must include the full name, address, and telephone number of the person commenting and be received by DEQ by 5 p.m. on the last day of the comment period.

How a decision is made: After comments have been considered, the board will make the final decision. Citizens who submit statements during the comment period may address the board members during the board meeting at which a final decision is made on the proposal.

To review documents: The TMDL reports are available on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx, and by contacting the DEQ representative named below for any report. The electronic copies are in PDF format and may be read online or downloaded.

For public comments, document requests, and additional information contact Kelly Meadows; Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4291, FAX (804) 698-4032, or email kelly.meadows@deq.virginia.gov.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; 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 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

STATE BOARD OF SOCIAL SERVICES

Title of Regulation: 22VAC40-61. Standards and Regulations for Licensed Adult Day Care Centers.

Publication: 33:23 VA.R. 2614 - 2644 July 10, 2017.

Correction to Proposed Regulation:

Page 2641, 22VAC40-61-480 C,

after "of" insert "(i)"

after "with" remove "(i)"

VA.R. Doc. No. R17-4545; Filed July 20, 2017