BOARD OF ACCOUNTANCY

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Accountancy conducted a small business impact review of 18VAC5-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board of Accountancy is publishing its report of findings dated August 31, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The agency determined this regulation continues to be necessary as it is required by § 2.2-4007.02 of the Code of Virginia and establishes the mechanisms by which the agency will advise the public of the agency's regulatory actions. The agency has not received any comments or complaints regarding this regulation. The regulation is not complex and is easily understood. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was promulgated in 2008 using the model public participation guidelines issued by the Department of Planning and Budget. This periodic review is the first evaluation of this regulation subsequent to its adoption in 2008. No factors have changed since 2008 that necessitate amending this regulation. This regulation places no economic burden on any small business.

Contact Information: Rebekah E. Allen, Enforcement Director, Board of Accountancy, 9960 Mayland Drive, Suite 402, Henrico, VA 23233, telephone (804) 367-2006, FAX (804) 527-4207, or email rebekah.allen@boa.virginia.gov.

DEPARTMENT OF AGRICULTURE AND CONSUMER 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 Department of Agriculture and Consumer Services is currently reviewing each of the regulations listed below to determine whether the regulation should be repealed, amended, or retained in its current form.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.

2VAC5-320, Regulations for the Enforcement of the Endangered Plant and Insect Species Act

2VAC5-321, Regulation of the Harvest and Purchase of Wild Ginseng

Contact Information: Debra Martin, Program Manager, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3515, FAX (804) 371-7793, or email debra.martin@vdacs.virginia.gov.

The comment period begins October 2, 2017, and ends October 23, 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.

CHARITABLE GAMING 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 Charitable Gaming Board is conducting a periodic review and small business impact review of 11VAC15-40, Charitable Gaming Regulations. 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 October 2, 2017, and ends October 23, 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 Michael Menefee, Program Manager, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3983, FAX (804) 371-7479, or email michael.menefee@vdacs.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.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Stagecoach Solar LLC Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Halifax County

Stagecoach 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 Halifax County, Virginia, pursuant to 9VAC15-60. Stagecoach Solar, LLC is a 15-megawatt alternating current (AC) solar project located on multiple parcels comprising approximately 318 acres south of Stage Coach Road near Nathalie in Halifax, Virginia. The project conceptually consists of approximately 162,000 120-watt modules across six 2.5 megawatt AC arrays.

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 12VAC5-650, Schedule of Civil Penalties. 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 October 2, 2017, and ends October 23, 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 Allen Knapp, Office Director, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7458, FAX (804) 864-7475, or email allen.knapp@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.

BOARD OF MEDICAL ASSISTANCE

Draft Durable Medical Equipment and Supplies Provider Manual for Stakeholder Input

The draft version of Chapter IV of the Durable Medical Equipment and Supplies (DME) Manual is posted on the Department of Medical Assistance Services website for public comment through October 1, 2017. For convenience of the public, the updates are marked in red and can be found on page 31 of the DME Manual. The draft DME Manual may be viewed at http://www.dmas.virginia.gov/Content_pgs/pd-pmnl.aspx.

The finalized version of the DME Manual will be officially posted by October 6, 2017, on the website at https://www.virginiamedicaid.dmas.virginia.gov/wps/myportal/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.

Draft Residential Treatment Services, Psychiatric Services, and Community Mental Health Rehabilitation Services Provider Manuals for Stakeholder Input

The draft Residential Treatment Services, Community Mental Health Rehabilitation Services (CMHRS), and Psychiatric Services provider manuals are posted on the Department of Medical Assistance Services website for public comment through October 7, 2017. Please see the overview and chart below for more details.

Overview of changes: The changes in the Residential Treatment Services Manual include adding language to the Therapeutic Passes section in Chapter IV and clarifying policy for seclusion and restraint to align with regulatory requirements. The changes in the Psychiatric Services and CMHRS manuals include the removal of the residential and group home coverage and reference to the new Residential Treatment Services Manual for policy on residential and therapeutic group home services.

View the draft manuals at http://www.dmas.virginia.gov/Content_pgs/pd-pmnl.aspx.

The finalized version of the manuals will be officially posted by October 16, 2017, at https://www.virginiamedicaid.dmas.virginia.gov/wps/myportal/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.

STATE WATER CONTROL BOARD

Proposed Enforcement Action for Hydro-FS, LLC

An enforcement action has been proposed for Hydro-FS, LLC for violations of State Water Control Law that occurred in Falling Spring, Virginia. 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, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23219, from October 2, 2017, through November 1, 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.

ERRATA

STATE WATER CONTROL BOARD

Title of Regulation: 9VAC25-260. Water Quality Standards (amending 9VAC25-260-140, 9VAC25-260-155, 9VAC25-260-170).

Publication: 34:2 VA.R. 193-236 September 18, 2017

Correction to Proposed Regulation:

Page 193, Public Hearing Information, replace "No public hearings are scheduled" with:

October 24, 2017 - 2 p.m. - Department of Environmental Quality, 629 East Main Street, 2nd Floor Conference Rooms, Richmond, VA 23219

VA.R. Doc. No. R18-2148; Filed September 22, 2017

Title of Regulation: 9VAC25-590. Petroleum Underground Storage Tank Financial Responsibility Requirements.

Publication: 34:1 VA.R. 12-68 September 4, 2017

Correction to Titles of Regulations:

Page 12, column 2, line 9, after "9VAC25-590-260" add ", Appendices I, II, V, VI, VII, and XII"

VA.R. Doc. No. R18-4454