GENERAL NOTICES/ERRATA
Vol. 34 Iss. 1 - September 04, 2017

AIR POLLUTION CONTROL BOARD

State Implementation Plan Proposed Revision - Very Fine Particulate Matter

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 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 amendments 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 regulations of the board affected by this action are as follows: (i) 9VAC5-30, Ambient Air Quality Standards; (ii) Article 9 (Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region) of 9VAC5-80, Permits for Stationary Sources; and (iii) 9VAC5-160, Regulation for General Conformity.

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: September 4, 2017, to October 4, 2017.

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 (§ 2.2-4000 et seq. of the Code of Virginia) 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 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 will consist of amendments to existing regulation provisions concerning the national ambient air quality standard (NAAQS) for very fine particulate matter (PM2.5) based on the August 24, 2016, (81 FR 58010) EPA rule that addresses a range of nonattainment area SIP requirements for the 2012 PM2.5 NAAQS. The major provisions of the proposal are as follows: (i) the 1997 PM2.5 ambient air quality standard is revoked; (ii) the applicability section of Rule 8-9 is amended to indicate that different pollutants are not summed to determine applicability of a major stationary source or major modification; (iii) the definition of "regulated NSR pollutant" in Rule 8-9 is amended to specify precursors of PM2.5; (iv) the definition of "significant" in Rule 8-9 is amended to specify precursors of PM2.5; and (v) the applicability section of the Regulation for General Conformity is amended to specify PM2.5 precursors in the list of emissions applicability rates.

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. Except as noted below, 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 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 by the last day of the comment period. All comments, exhibits and documents received are part of the public record.

To review regulation documents: The proposal and any supporting documents are 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 following DEQ locations:

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

2) Southwest Regional Office, 355 Deadmore Street, Abingdon, VA, telephone (276) 676-4800,

3) Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA, telephone (540) 562-6700,

4) Valley Regional Office, 4411 Early Road, Harrisonburg, VA, telephone (540) 574-7800,

5) Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA, telephone (804) 527-5020,

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

7) Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA, telephone (757) 518-2000.

Contact Information: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, or email karen.sabasteanski@deq.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

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 Environmental Quality is conducting a periodic review and small business impact review of 9VAC15-30, Regulations for the Certification of Recycling Machinery and Equipment for Local Tax Exemption Purposes. 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 September 4, 2017, and ends September 26, 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 Melissa Porterfield, Office of Regulatory Affairs, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.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.

BOARD OF MEDICAL ASSISTANCE SERVICES

Nursing Facility Manual (Chapter V and Appendix F) Draft for Stakeholder Input

Public comment period: August 15, 2017, to September 15, 2017.

The draft versions of Chapter V and Appendix F of the Nursing Facility manual are posted on the DMAS website for public comment through September 15, 2017. View the drafts at http://www.dmas.virginia.gov/content_pgs/pd-pmnl.aspx.

The finalized versions of Chapter V and Appendix F of the Nursing Facility manual will be officially posted by September 22, 2017, at https://www.virginiamedicaid.dmas.virginia.gov/wps/portal/ProviderManual.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 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.

DEPARTMENT OF PLANNING AND BUDGET

Commercial Activities List - Public Comments and Recommendations

Pursuant to § 2.2-1501.1 of the Code of Virginia, the Virginia Department of Planning and Budget (DPB) has updated the Commercial Activities List (CAL). The CAL is posted on the DPB website under Documents, Instructions and Publications as "Commercial Activities List - 2017" and is also included as an attachment to this notice.

DPB is seeking written comments on the CAL and invites recommendations from the public regarding activities being performed by state agencies that might better be performed by the private sector. The public comment period will begin September 4, 2017, and end September 18, 2017. Please include "CAL" in the subject of the email.

Contact Information: Cari Corr, Virginia Department of Planning and Budget, 1111 East Broad Street, Richmond, VA 23219, telephone (804) 225-4549, or email cari.corr@dpb.virginia.gov.

Virginia Commercial Activities List for
FY 2016 and FY 2017

NIGP

NIGP title

90608

Automation; Controls; Instrumentation - Architectural Services

90648

Historical Preservation

91013

Elevator Installation, Maintenance and Repair

91223

Construction, General (Backfill Services, Digging, Ditching, Road Grading, Rock Stabilization, etc.)

91265

Maintenance and Repair, Tennis/Sport Court

91316

Construction, Communication Equipment (Includes Antenna Towers)

91359

Construction and Upgrades, Wastewater Treatment Plant

91360

Construction, Water System/Plants, Main and Service Line

91427

Carpentry

91464

Plastering

91504

Advertising, Outdoor Billboard, etc.

91806

Administrative Consulting

91807

Advertising Consulting

91815

Architectural Consulting

91819

Buildings, Structures and Components Consulting

91831

Construction Consulting

91875

Management Consulting

91878

Medical Consulting

91885

Personnel/Employment Consulting (Human Resources)

91891

Roofing Consultant

92000

Data Processing, Computer, Programming, and Software Services

92022

Data Preparation and Processing Services (Including Bates Coding)

92032

Intelligent Transportation System Software (To Include Design, Development, and Maintenance Services)

92037

Networking Services (Including Installation, Security, and Maintenance)

92039

Processing System Services, Data (Not Otherwise Classified)

92040

Programming Services, Computer

92416

Course Development Services, Instructional/Training

92418

Educational Services, Alternative

92474

Special Education

92480

Tutoring

92500

Engineering Services, Professional

92597

Water Supply, Treatment, and Distribution/Engineering

92694

Water Pollution Services

92824

Buses, School and Mass Transit, Maintenance and Repair

93881

Scientific Equipment Maintenance and Repair

94155

HVAC Systems Maintenance and Repair, Power Plant

94620

Auditing

94649

Financial Services (Not Otherwise Classified)

94650

Fund Raising Services

94752

Harvesting Services, Forest

94807

Administration Services, Health

94828

Dental Services

94844

Health Physics Services

94876

Psychologists/Psychological and Psychiatric Services (Including Behavioral Management Services)

95226

Day Care (Adult)

95245

Food Stamps/Coupons

95256

Housekeeping Services

95277

Research and Evaluation, Human Services (Including Productivity Audits)

95285

Support Services

95605

Business Research Services

95638

Library Services (Not Otherwise Classified)

95826

Construction Management Services

95839

Financial Management Services

95859

Industrial Management Services

95874

Personnel Management Services

95939

Dam and Levee Construction, Maintenance, Management and Repair

95973

Ship Maintenance and Repair

95984

Towing Services, Marine

96110

Business Plan Development Services

96114

Commissioning of Facilities Services (Functional and Prefunctional)

96116

Claims Processing Services

96129

Economic Impact Studies

96130

Employment Agency and Search Firm Services (Including Background Investigations and Drug Testing for Employment)

96173

Theatrical Services (Including Production, Scenery Design, Stage, etc.)

96196

Non-Professional Services (Not Otherwise Classified)

96248

Interior Design/Decorator Services

96252

Mapping Services (Including Cartography and Surveying Services, Not Aerial)(See 920-33 for Digitized Mapping Services) and 905-10 for Aerial Mapping and Survey Services)

96269

Personnel Services, Temporary

96343

Intergovernmental/Inter-Agency Contracts

96728

Computer Hardware and Software Manufacturing Services

96847

Inspection Services, Construction Type

96881

Traffic Sign Maintenance and Repair

98854

Lighting Services for Parks, Athletic Fields, Parking Lots, etc.

99029

Disaster Preparedness/Emergency Planning Services

99050

Installation of Security and Alarm Equipment

99067

Patrol Services

99079

Sanitizing and Disinfecting Services, Security, Fire, Safety and Emergency

STATE WATER CONTROL BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Water Control Board conducted a small business impact review of 9VAC25-640, Aboveground Storage Tank and Pipeline Facility Financial Responsibility Requirements, and determined that this regulation should be retained in its current form. The State Water Control Board is publishing its report of findings dated June 21, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The current regulation continues to be needed. The regulation is structured to minimize the impact on the regulated community, including those that are small businesses, while protecting human health and the environment. The regulation requires financial assurance to be provided based on the amount of petroleum that is being stored. Multiple different types of financial mechanisms have been included in the regulation to provide the regulated community with flexibility concerning how they demonstrate financial assurance. The wordings of the financial mechanisms are included in the regulation and are to be used by the regulated community. This assists with reducing the regulatory burden on the regulated community.

This regulation does not duplicate or conflict with federal or state law. The Facility and Aboveground Storage Tank (AST) Regulation (9VAC25-91) is a companion regulation to this regulation. The Facility and Aboveground Storage Tank (AST) Regulation contains the technical standards for aboveground storage tanks while this regulation address the financial assurance requirements for aboveground storage tanks and pipeline facilities.

No comments were received during the public comment period.

The regulation was last amended in 2013 to include an additional financial mechanism in the regulation. The financial assurance mechanisms included in the regulation continue to be available to the regulated community from financial institutions.

The agency recommends retaining this regulation with minor changes that will be made as part of a separate regulatory action. During this review, 9VAC25-640-30 was identified as needing to be revised to be consistent with the exclusions found in the Facility and Aboveground Storage Tank (AST) Regulations (9VAC25-91). Additionally, 9VAC25-640-250 was identified as obsolete and no longer needed. These changes will not impact small businesses.

The regulation continues to meet the objective of protecting the public from expenses related to containment and cleanup necessitated by accidental releases arising from the operation of petroleum ASTs and pipeline facilities. All owners including small business owners are allowed to select from multiple financial assurance mechanisms to demonstrate financial assurance. This provides the regulated community with flexibility concerning compliance with the financial assurance requirements.

Contact Information: Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.

Proposed Consent Order for the Cumberland Plateau Regional Housing Authority

An enforcement action has been proposed for the Cumberland Plateau Regional Housing Authority for violations at the Hurley Heights 1 (Lots A, 1 and 2) Sewage Treatment Plant in Buchanan County, Virginia. The proposed consent order contains a civil charge and a schedule of compliance to address the violations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Ralph T. Hilt will accept comments by email at ralph.hilt@deq.virginia.gov, FAX at (276) 676-4899, or postal mail at Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, from September 5, 2017, through October 4, 2017.

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.