GENERAL NOTICES/ERRATA
Vol. 34 Iss. 4 - October 16, 2017

STATE AIR POLLUTION CONTROL BOARD

Proposed State Implementation Plan Revision - Northern Virginia Ozone Redesignation Request, Maintenance Plan/Mobile Budget

Notice of action: The Department of Environmental Quality (DEQ) is seeking comments and announcing a public hearing on a proposed plan to maintain compliance with the 2008 ozone national ambient air quality standard (NAAQS) 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 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 enables the Northern Virginia Ozone Nonattainment Area to maintain compliance with the 2008 ozone NAAQS until at least 2030.

Public comment period: October 16, 2017, to November 15, 2017.

Public hearing: A public hearing will be conducted at the Department of Environmental Quality, Northern Regional Office, Conference Room 1, at 11 a.m. on November 6, 2017. The Northern Regional Office is located at 13901 Crown Court, Woodbridge, VA 22193. A map and directions maybe found at http://www.deq.virginia.gov/Locations
/NorthernRegionalOffice.aspx
.

Description of proposal: The proposal consists of the following:

1. Air quality maintenance plan in support of a concurrent request to redesignate the Northern Virginia ozone nonattainment area (Counties of Arlington, Fairfax, Loudoun, and Prince William; Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park) to attainment: The purpose of the plan is to ensure that emissions of nitrogen oxides (NOX), volatile organic compounds (VOC), and carbon monoxide (CO) do not exceed the 2014 attainment year levels through 2030, enabling the area to continue meeting the 2008 ozone NAAQS. The plan contains control measures that are currently in place and will be continued in order to maintain emissions at or below the 2014 levels. These measures include federal control programs for on-road and non-road engines as well as limitations on local power plants. The plan also contains a program of contingency measures to be implemented if the air quality monitoring stations in the area record a violation of the 2008 ozone NAAQS or if emissions in the area increase above the 2014 levels, as well as information concerning emissions estimates, growth assumptions, emission factors, and reduction assumptions.

2. Motor vehicle emissions budgets for the years 2014, 2025, and 2030: The purpose of the motor vehicle emissions budgets is to ensure that transportation emissions conform to the requirements of the proposed plan for maintaining compliance with the 2008 ozone NAAQS (transportation conformity).

The proposed ozone redesignation request and maintenance plan were prepared by the Metropolitan Washington Air Quality Committee, which consists of elected officials from the affected localities and representatives of state transportation and air quality planning agencies.

The maintenance plan, which contains the motor vehicle emissions budgets, will be submitted as a SIP revision in conjunction with a request to EPA from the Commonwealth to redesignate the Northern Virginia Ozone Nonattainment Area as attainment/maintenance. DEQ is accepting comments on both the redesignation request and maintenance plan, but the redesignation request will not be submitted as part of the SIP revision.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). The proposed maintenance plan and supporting technical documents 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.

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 no later than the last day of the comment period.  Both oral and written comments are accepted at the public hearing. DEQ prefers that comments be in writing, along with any supporting documents or exhibits. Comments on the redesignation request and maintenance plan must be submitted to the contact person below.

To review the proposal: 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 above. 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: Doris A. McLeod, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4197, FAX (804) 698-4510, or email doris.mcleod@deq.virginia.gov.

Proposed State Implementation Plan Revision - Northern Virginia Reasonably Available Control Technology Plan

Notice of action: The Department of Environmental Quality (DEQ) is seeking comments and announcing a public hearing on a proposed plan to implement reasonably available control technology (RACT) in support of the 2008 ozone national ambient air quality standard (NAAQS) in the Northern Virginia Emissions Control 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 Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency under the Act.

Purpose of notice: DEQ is seeking comments on the overall plan and on the issue of whether the plan meets RACT requirements for the Northern Virginia Emissions Control Area in support of the 2008 ozone NAAQS.

Public comment period: October 16, 2017, to November 15, 2017.

Public hearing: A public hearing will be conducted at the Department of Environmental Quality, Northern Regional Office, Conference Room 1, at 11 a.m. on Monday, November 13, 2017. The Northern Regional Office is located at 13901 Crown Court, Woodbridge, VA 22193. A map and directions maybe found at http://www.deq.virginia.gov/Locations/NorthernRegionalOffice.aspx.

Description of proposal: The proposal consists of the following:

1. An analysis of the regulatory underpinnings of RACT for the Northern Virginia Emissions Control Area, which consists of the Counties of Stafford, Arlington, Loudoun, Prince William, and Fairfax and the Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park.

2. Certification of the implementation of the control technique guidelines (CTGs) and alternative control techniques within Virginia's SIP for the Northern Virginia Emissions Control Area.

3. Negative declaration for the 2016 CTG for the Oil and Natural Gas Industry in the Northern Virginia Emissions Control Area.

4. Recertification of certain RACT analyses previously submitted in Virginia's SIP, where review of available data show that no additional controls are necessary.

5. A commitment to submit as SIP revisions source specific RACT determinations for those facilities where recertification of previous RACT requirements was not appropriate.

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

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 no later than 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. Comments on the RACT implementation document must be submitted to the contact person below. All materials received are part of the public record.

To review the proposal: 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 above. The public may review the documents between 8:30 am and 4:30 pm 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: Doris A. McLeod, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4197, FAX (804) 698-4510, or email doris.mcleod@deq.virginia.gov.

BOARD FOR THE BLIND AND VISION IMPAIRED

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for the Blind and Vision Impaired conducted a small business impact review of 22VAC45-12, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board for the Blind and Vision Impaired is publishing its report of findings dated September 24, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The Board for the Blind and Vision Impaired has determined that 22VAC45-12 continues to be relevant because the agency administers workforce and independent living programs and services in the workforce and in the community that impact the lives of individuals who are blind, vision impaired, and deafblind. Providing these individuals, along with the general public, with the opportunity to make comment regarding agency regulations is in line with the federal regulations pertaining to the provision of vocational rehabilitation services and requirements set forth in §§ 2.2-4007.02 of the Code of Virginia. These regulations do not conflict with state or federal law or regulation and have little to no economic impact on small business. There have not been any substantial changes in technology, economic conditions, or other factors that impact the importance or implementation of the regulation.

Contact Information: Susan Davis Payne, Policy and Training Coordinator, Department for the Blind and Vision Impaired, 397 Azalea Avenue, Richmond, VA 23227, telephone (804) 371-3184, FAX (804) 371-3351, or email susan.payne@dbvi.virginia.gov.

STATE CORPORATION COMMISSION

Bureau of Insurance

September 15, 2017

Administrative Letter 2017-03

TO: All Insurers, Rate Service Organizations, and Interested Persons

RE: Appraisal and Arbitration Provisions in Insurance Policies; Withdrawal of Administrative Letter 1998-12

This administrative letter withdraws and replaces Administrative Letter 1998-12.

The Bureau of Insurance ("Bureau") issued Administrative Letter 1998-12 prohibiting binding arbitration provisions and binding appraisal conditions in insurance contracts pursuant to Code of Virginia § 38.2-3121 that prohibits provisions in insurance policies that deprive the courts of jurisdiction in actions against an insurer.

Further review of appraisal conditions led to a change in the Bureau's position that was outlined in a letter dated August 29, 2014, Appraisal Condition Letter.2 This letter provides that any appraisal conditions in property insurance policies must be binding on both parties.

The Bureau recently conducted a legal and regulatory review of arbitration provisions in insurance policies. The Bureau confirms its previous position that mandatory binding arbitration provisions are not permitted in Virginia insurance policies.

Nothing in this letter should be construed to apply to an agreement in which both the insured and insurer consent to post-dispute arbitration.

/s/ Jacqueline K. Cunningham
Commissioner of Insurance

_____________________

1 Section 38.2-312 applies to insurance contracts "delivered or issued for delivery in this Commonwealth and covering subjects which are located or residing in this Commonwealth, or which are performed in this Commonwealth.…"

2 This letter may be found on the Bureau's website at http://scc.virginia.gov/boi/co/pc/files/appr_cond.pdf.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Revised - Core Solar SPV XIII, LLC Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Chesapeake

Core Solar SPV XIII, LLC has provided the Department of Environmental Quality with a revised notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Chesapeake pursuant to 9VAC15-60. The project will be located on 908 acres across multiple parcels off Shillelagh Road, approximately five miles south of Chesapeake. The proposed solar project is now anticipated to have a nameplate capacity of 150 megawatts and will be comprised of approximately 525,000 solar panels. A general notice for the project was previously published in the Virginia Register of Regulations on June 26, 2017, at a size of 100 megawatts and approximately 350,000 solar panels.

Contact Information: Mary E. Major, Department of Environmental Quality, 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 State Board of Health 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.

12VAC5-371, Regulations for the Licensure of Nursing Facilities

Contact Information: Erik Bodin, Director, Virginia Department of Health, Office of Licensure and Certification, 9960 Mayland Drive, Suite 401, Henrico, VA 23233, telephone (804) 367-2102, FAX (804) 527-4502, or email erik.bodin@vdh.virginia.gov.

12VAC5-542, Rules and Regulations Governing the Virginia Nurse Practitioner/Nurse Midwife Scholarship Program

Contact Information: Heather Anderson, Director, Virginia Department of Health, Division of Primary Care and Rural Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7426, FAX (804) 864-7440, or email heather.anderson@vdh.virginia.gov.

The comment period begins October 16, 2017, and ends November 6, 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 Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Health conducted a small business impact review of 12VAC5-431, Sanitary Regulations for Hotels, and determined that this regulation should be retained in its current form. The State Board of Health is publishing its report of findings dated August 28, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

Section 35.1-11 of the Code of Virginia gives authority to the board to promulgate regulations for hotels. The continued need for the regulations is established in statute. To repeal the regulations would remove certain public protections provided in the regulation. No complaints or comments were received from the public concerning the regulations. The regulations are clearly written, easily understandable, and do not overlap, duplicate, or conflict with any known federal or state law or regulation. The most recent evaluation of the regulations occurred in May of 2013. There are no known changes in technology, economic conditions, or other factors that necessitate amendments to the regulations within the authority established by Title 35.1 of the Code of Virginia. Retaining the regulations in their current form does not appear to cause an adverse economic impact on small business in the Commonwealth of Virginia; the regulations provide specific minimum requirements that maintain a safe and healthy environment at hotels and other transient lodging establishments, allowing tourism and other travel to continue to contribute to the Commonwealth's economy.

Contact Information: Olivia McCormick, Program Manager, Tourist Establishment Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-8146, FAX (804) 864-7475, or email olivia.mccormick@vdh.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Health conducted a small business impact review of 12VAC5-501, Rules and Regulations Governing the Construction and Maintenance of Migrant Labor Camps, and determined that this regulation should be retained in its current form. The State Board of Health is publishing its report of findings dated July 26, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

Sections 32.1-12 and 32.1-211 B of the Code of Virginia give authority to the board to promulgate regulations pertaining to migrant labor camps. The continued need for the regulations is established in statute. To repeal the regulations would remove certain public protections provided in the regulations. No complaints or comments were received from the public concerning the regulations. The regulations are clearly written, easily understandable, and do not overlap, duplicate, or conflict with any known federal or state law or regulation. The most recent evaluation of the regulations occurred in May of 2009. There are no known changes in technology, economic conditions, or other factors that would be affected by the regulations. Retaining the regulations in their current form does not appear to cause an adverse economic impact on small business in the Commonwealth of Virginia, rather the regulations provided specific minimum requirements to maintain a safe and health working environment for migrant laborers allowing businesses to continue to contribute to the Commonwealth's economy.

Contact Information: Allen Knapp, Director Office of Environmental Health Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7458, email allen.knapp@vdh.virginia.gov.

IDENTITY MANAGEMENT STANDARDS ADVISORY COUNCIL

Trustmarks for Digital Identity Management Guidance Document

This guidance document was developed by the Identity Management Standards Advisory Council (IMSAC) and recommended to the Secretary of Technology to provide information or guidance of general applicability to the public for interpreting or implementing the Electronic Identity Management Act (the Act). Specifically, the document establishes minimum specifications and standards for trustmarks in digital identity systems, pursuant to the Act.

The minimum specifications and standards defined in this document have been developed to align with international standards, specifically Regulation (EU) No. 910/2014 of the European Parliament and of the Council of July 23, 2014. Reference also has been given to the trustmark framework and governance model developed by the Georgia Tech Research Institute during its pilot project under the National Strategy for Trusted Identities in Cyberspace.

The document assumes an identity trust framework will address the business, legal, and technical requirements for each distinct digital identity system. The document focuses on trustmarks for identity trust framework operators and digital identity systems. Separate IMSAC guidance documents in this series define minimum specifications for other components of a digital identity system.

The proposed guidance documents are also available with comments and proposed changes by IMSAC on the Virginia Information Technologies Agency website at http://www.vita.virginia.gov/default.aspx?id=6442474172.

Public hearing: A public meeting will be held on October 24, 2017, at 11 a.m. The meeting will be held at the Commonwealth Enterprise Solutions Center, 11751 Meadowville Lane, Room 1222, Chester, VA 23836.

Contact Information: Janice Akers, Virginia Information Technologies Agency, 11751 Meadowville Lane, Chester, VA 23836, telephone (804) 416-6083, or email janice.akers@vita.virginia.gov.

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on September 27, 2017. The orders may be viewed at the Virginia Lottery, 600 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia.

Director's Order Number One Hundred Thirty-Four (17)

Virginia Lottery's Scratch Game 1790 "10x The Money" Final Rules For Game Operation (effective September 6, 2017)

Director's Order Number One Hundred Thirty-Five (17)

Virginia Lottery's Scratch Game 1824 "Win Either $50 or $100" Final Rules For Game Operation (effective September 8, 2017)

Director's Order Number One Hundred Thirty-Six (17)

Virginia Lottery's "2017 State Fair Spin For Cash Contest" Final Rules For Operation (This Director's Order becomes effective on September 29, 2017, and shall remain in full force and effect through the end Contest date unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Thirty-Eight (17)

Virginia Lottery "GPM Loyalty Card Promotion Retailer Incentive Promotion" (This Director's Order becomes effective on December 1, 2017, and shall remain in full force and effect through the end date of the incentive promotion, unless otherwise extended by the Director)

Director's Order Number One Hundred Thirty-Nine (17)

Virginia Lottery's "Social Media Contest Promotion" Final Rules For Operation (This Director's Order becomes effective on September 19, 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 One Hundred Forty (17)

Virginia Lottery's "Game Guy Player Experience Promotion" Final Rules For Operation (This Director's Order becomes effective on September 19, 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 One Hundred Forty-One (17)

Virginia Lottery's "Ride Into Fall" Promotion Final Rules For Operation (This Director's Order becomes effective on September 23, 2017, and shall remain in full force and effect through the end Promotion date unless amended or rescinded by further Director's Order)

BOARD OF MEDICAL ASSISTANCE SERVICES

Draft Physician-Practitioner (Chapter II) Provider Manual for Stakeholder Input

Comment period began September 25, 2017, and ends October 25, 2017.

The draft version of Chapter II of the Physician-Practitioner Manual is posted on the DMAS website for public comment through October 25, 2017. For convenience, the updates are marked in red and can be found on pages 16 and 17. Please see the overview below for more details.

Overview of changes: Department of Medical Assistance Services is modifying the documentation requirement in the "Documentation" section to allow 14 calendar days to complete the required signatures for paper charts, as well as electronic health records for providers of general physician services in medical inpatient and medical outpatient settings.

The draft manual can be viewed at http://www.dmas.virginia.gov/Content_pgs/pd-pmnl.aspx.

The finalized version will be officially posted by November 1, 2017, on the DMAS 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.

Rescheduling of the September 11, 2017, Medicaid Appeals Workgroup Meeting

The Department of Medical Assistance Services (DMAS) scheduled a meeting of the Medicaid Appeals Workgroup for Monday September 11, 2017. Representatives from the Virginia Bar Association requested that DMAS cancel that meeting on the morning of Monday, September 11, 2017, due to the fact that their members would not be able to attend. Without the participation of the members of the Virginia Bar Association, the workgroup would not have met its intended purpose. Therefore, DMAS has rescheduled the meeting for Wednesday, September 27, 2017.

In order to ensure the efforts of the workgroup are as productive as possible, this notice summarizes the information DMAS staff intended to present to the workgroup at the September 11, 2017, meeting. In addition, DMAS invites the workgroup and members of the public to submit comment regarding the information presented.

1. Discussion with Centers for Medicare and Medicaid Services: DMAS is required to repay to the federal Centers for Medicare and Medicaid Services (CMS) approximately 50% of all moneys that the agency retracts from providers through the audit process. Therefore, one of the primary questions for the workgroup is whether CMS would approve the implementation of a substantial compliance or material breach standard for DMAS retractions and appeals. In order to address this essential question DMAS staff held a teleconference with CMS representatives on August 31, 2017. During this call DMAS presented three separate appeal scenarios based upon actual cases. DMAS used appeals often cited as examples of unfair or inequitable cases -- those involving retractions of multiple service days for lack of a signature or incorrect documentation. DMAS also queried whether CMS would adjust their state audit pay back requirements if the Commonwealth implemented a substantial compliance or material breach review standard.

CMS responded that, with respect to state provider audit paybacks, CMS follows a strict documentation compliance standard from the federal Office of the Inspector General. These standards do not recognize substantial compliance or material breach. In applying the federal standard to the examples DMAS presented, CMS stated that they would require the full amount of the federal payback in each case regardless of any adjustments DMAS might make based upon substantial compliance or material breach. They affirmed that federal law prevails over state law, and therefore Virginia would be required to make up the difference in the payback amounts owed under federal standards, regardless of state retraction and appeal standards.

2. DMAS Addresses Requested Statistics: In order to address a question raised by the workgroup about the net results of audits through the appeal process, DMAS reviewed overpayment letters issued from January 1, 2015, through December 31, 2016. Of the approximately $38 million of overpayments identified, $18 million were not appealed. For the $20 million appealed, DMAS retained close to $12 million after the appeal process was concluded (through circuit court and removing attorney fees paid). Therefore, for the two-year period reviewed, the net result of the audits was approximately $30 million returned to the Medicaid program.

Various members of the workgroup also asked DMAS to provide statistics about the results of informal appeals. 611 audit decisions were issued from 2014 through 2016, broken down into 293 completely upheld, 100 not timely filed, and 218 where a reduction in the overpayment occurred.

DMAS shall provide a presentation of all requested statistics at the rescheduled September 27, 2017, workgroup meeting.

3. Process Change for Consideration from Appeals: Some workgroup members expressed a desire for the ability to present a settlement offer to DMAS at the informal appeal level, rather than filing a formal appeal. DMAS is considering developing a proposal that would authorize the formal appeal representative to discuss and consider any settlement offer made at the informal appeal level, provided this process is completed in a timely fashion prior to the regulatory deadline for issuance of the informal appeal decision. The formal appeal representative would then submit the offer to DMAS management for a response and, assuming the agency wishes to settle, would obtain the Office of the Attorney General's approval. This proposal allows providers the opportunity to submit settlement offers during the informal appeal, without the need for filing a formal appeal.

4. Process Changes for Consideration from the Office of Program Integrity (PI): DMAS's Office of PI presents the following discussion topics in response to provider concerns:

a. Potentially extending the period between the preliminary letter and the overpayment report, to an agreed upon timeframe – Currently the Office of PI allows providers 30 days to provide additional documentation that may possibly mitigate audit findings identified during the preliminary review process.

b. Shortening the audit period – DMAS shall work with providers to fully implement a change in the claims period under review from 15 to 12 months. Reducing the claims period will limit provider burden as it relates to gathering medical documentation for review and lessen any potential overpayment amounts. Also, the claims period will apply to all provider types, which will ensure consistency and fairness.

c. Including provider groups and stakeholders in error matrix process – Every year prior to the beginning of the new audit cycle, Office of PI staff meet with subject matter experts and receive suggestions and recommendations for each error code within the audit matrix. This process gives the Office of PI guidance as to what error codes are worthy of an audit. The Office of PI also uses appeals findings and provider concerns as guidance. More provider involvement in this process will allow for more expertise from the field and will provide the Office of PI a better understanding of error codes that providers feel are important and accurately reflect the care they render Medicaid recipients.

5. Medicaid Fraud Control Unit (MFCU): The MFCU appreciated the open discussion during the initial meeting and the perspective it provided on the concerns of the provider community and DMAS staff. DMAS audits are integral to the fraud detection and prevention efforts of the MFCU. MFCU investigations, prosecutions, and civil actions are primarily driven through a complaint-based system. MFCU does not conduct routine audits and relies, in part, on DMAS audits as a source of referrals. Accordingly, the first indication that there may be a concern with a provider is the DMAS audit process. MFCU routinely communicates with DMAS on a number of topics and they have developed a strong dialogue related to concerns and referrals. If an audit shows indications of fraud – billing for services not provided, upcoding, patient harm, stock notes/text, consistently misdated materials, etc. those matters may be brought to the attention of the MFCU. A number of audits have been referred from DMAS for review by MFCU – of the current 108 open investigations, 31 came from DMAS referrals. In addition, if MFCU receives a referral thorough the MFCU hotline, MFCU contacts DMAS to discuss previous audits of the provider. MFCU would need to see any proposed audit process changes to appreciate if such changes could impact the ability to detect a pattern or practice of conduct that is indicative of fraud.

DMAS has been directed by the General Assembly to convene the Medicaid Appeals Workgroup. The workgroup is mandated to develop a plan to avoid or adjust retractions for nonmaterial breaches of the provider participation agreement when the provider has substantially complied with the provider participation agreement. The plan shall include an assessment of any administrative financial impact that implementation of such plan would have on the department and an analysis of any implications for the department's efforts to combat fraud, waste, and abuse. DMAS invites the workgroup and members of the public to submit public comment with suggestions and recommendations on how to meet the mandate of the General Assembly considering the feedback from CMS noted in this notice.

Contact Information: Susan Puglisi, Senior Policy Advisor, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, telephone (804) 225-2726, or email susie.puglisi@dmas.virginia.gov.

Draft New Opioid Treatment Services Supplement and Updates to the Addiction and Recovery Treatment Services Provider Manual and the Peer Services Supplement for Stakeholder Input

The draft Addiction and Recovery Treatment Services (ARTS) Provider Manual, Peer Services Supplement, and the new Opioid Treatment Services Supplement are posted on the DMAS website for public comment through October 15, 2017. Please see the overview and chart below for more details.

Overview of changes: The Opioid Treatment Services, including the Opioid Treatment Programs, the Preferred Office Based Opioid Treatment Programs, and the Preferred Medication Assisted Treatment have been pulled out of the ARTS Provider Manual and a new Opioid Treatment Services Supplement has been created. In addition to the new Opioid Treatment Services Supplement, there have been additional clarifications to the Peer Services Supplement and the ARTS Provider Manual (Chapters II, IV, and VI).

Manual Name

Chapter/Appendix/Supplement

Peer Services Supplement

Peer Services Supplement

ARTS

Chapter II

ARTS

Chapter IV

ARTS

Chapter VI

ARTS

Opioid Treatment Services Supplement

The draft manual may be viewed at http://www.dmas.virginia.gov/Content_pgs/pd-pmnl.aspx. The finalized versions will be officially posted by October 23, 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.

STATE WATER CONTROL BOARD

Proposed Enforcement Action for CSX Transportation, Inc.

An enforcement action has been proposed for CSX Transportation, Inc., regarding a release of petroleum into the Jackson River in Covington, Virginia, for violations of State Water Control Law and regulations. The proposed enforcement action includes a civil charge and injunctive relief. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Robert Steele will accept comments by email at robert.steele@deq.virginia.gov, FAX at (540) 562-6725, or postal mail at Department of Environmental Quality, 3019 Peters Creek Road, Roanoke, VA 24019, from October 16, 2017, through November 15, 2017.

Proposed Consent Order for Colonial Pipeline Company

An enforcement action has been proposed for the Colonial Pipeline Company in Fairfax County. The consent order describes a settlement to resolve violations of State Water Control Law and the applicable regulations associated with the Colonial Pipeline Company - Fairfax Delivery Facility Oil Discharge. 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 October 17, 2017, through November 16, 2017.

Proposed Consent Order for Sussex Service Authority

An enforcement action has been proposed for the Sussex Service Authority for violations at the Spring Branch waste water treatment plant (WWTP), located at 601 Jasper Lane in Waverly, Virginia. The State Water Control Board proposes to issue a consent order to address noncompliance with its Virginia Pollutant Discharge Elimination Permit at the WWTP. A description of the proposed action is available at the Department of Environmental Quality office named below, or online at www.deq.virginia.gov. Kyle Ivar Winter, P.E., will accept comments by email at kyle.winter@deq.virginia.gov, FAX at (804) 527-5106, or postal mail Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from October 18, 2017, to November 17, 2017.

Public Comment Period and Public Meeting - Fiscal Year 2018 Virginia Clean Water Revolving Loan Fund Intended Use Plan and Project Priority List

Introduction: Section 606(c) of the Water Quality Act of 1987 requires the state to develop an intended use plan (IUP) that identifies the uses of its Clean Water Revolving Loan Fund and to prepare a list of projects targeted for financial assistance with those funds. Following public comment and final board action, the list of targeted projects for financial assistance becomes the state's yearly clean water revolving loan project priority list (PPL) in the IUP.

Fiscal Year 2018 Program Development: On May 30, 2017, staff solicited applications from the Commonwealth's localities and wastewater authorities as well as potential land conservation applicants and Brownfield remediation clientele. July 14, 2017, was established as the deadline for receiving applications. Based on this solicitation, the Department of Environmental Quality (DEQ) received 21 wastewater improvement applications requesting $99,546,845, three applications for stormwater management projects ($4,147,751), and two land conservation applications for an additional $2,049,506, bringing the total amount requested to $105,744,102.

All 21 wastewater applications were evaluated in accordance with the program's funding distribution criteria. In keeping with the program objectives and funding prioritization criteria, the staff reviewed project type and impact on state waters, the locality's compliance history and fiscal stress, and the projects' readiness-to-proceed. The three stormwater applications were reviewed in accordance with the board's priority ranking criteria for stormwater projects. Both land conservation applications were reviewed using the board's evaluation criteria, and the staff also received input from the Department of Conservation and Recreation in accordance with the board guidelines and state law.

The list of applications in Attachment A is shown in priority funding order based on the board's prioritization criteria for each project type. Note that each project type (wastewater, stormwater, land conservation) has a separate priority ranking point system that is not intended to be numerically compared from one type to the other. The recommended project funding list shown below and in Attachment B provides funding for all the applications received. All applications are considered to be of good quality and should provide significant water quality or environmental improvement. The staff is recommending that the list be tentatively adopted, subject to the verification of information in the loan applications and public review and comment.

The list of applications and the target funding list are available at http://www.deq.virginia.gov/Programs/Water
/CleanWaterFinancingAssistance/FY2018AnnualSolicitation.aspx
.

Public Participation: DEQ is presenting the draft list of targeted Fiscal Year 2018 loan recipients for public review and comment. A public meeting will be held at 10 a.m. on Thursday, October 26, 2017, in the 11th Floor Conference Room, 629 East Main Street, Richmond, Virginia 23219. The public review and comment period will end immediately following the public meeting. Comments or questions should be directed to DEQ staff person listed. Written comments should include the name, address, and telephone number of the presenter.

Contact Information: Walter Gills, Clean Water Financing and Assistance Program, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4133, or email walter.gills@deq.virginia.gov.

Public Meeting and Notice of Public Comment for a Water Quality Study (Total Maximum Daily Load Study) for Barbours Creek, Craig Creek, Catawba Creek, Little Patterson, Sinking Creek, Lapsley Run, and James River

Public informational meeting: A community meeting will be held on Thursday, November 2, 2017, from 6:00 - 8:00 p.m. at the Eagle Rock Library and on Thursday, November 9, 2017, from 6:00 - 8:00 p.m. at the Catawba Community Center. The addresses are: Eagle Rock Library, 55 Eagles Nest Drive, Eagle Rock, VA 24085 and Catawba Community Center, 4955 Catawba Creek Road, Catawba, VA 24070. In the case of inclement weather, the meetings will be rescheduled for November 6, 2017, from 6:00 - 8:00 p.m. at Eagle Rock Library and November 13, 2017 from 6:00 – 8:00 p.m. at the Catawba Community Center. These meetings will be open to the public and all are welcome. For more information, please contact Lucy Baker at lucy.baker@deq.virginia.gov or at telephone (540) 562-6718.

Purpose of notice: The Department of Environmental Quality (DEQ) and its contractors, Virginia Tech's Biological Systems Engineering Department, will discuss the process and data used to develop a water quality study known as a total maximum daily load (TMDL) for Barbours Creek, Craig Creek, Catawba Creek, Little Patterson Creek, Sinking Creek, Lapsley Run, and a section on the James River in Craig and Botetourt Counties. These streams are listed on the § 303(d) TMDL Priority List and Report as impaired due to violations of Virginia's water quality standards for recreational use and general standard (Benthics). This is an opportunity for local residents to learn about the condition of these streams, share information about the area, and become involved in the process of local water quality improvement. A public comment period will follow the meetings (November 2, 2017, through December 11, 2017).

Meeting description: A public informational meeting will be held to introduce the local community to the water quality improvement process in Virginia, known as the TMDL process, provide information on bacteria and biological monitoring efforts and sources, invite participation and solicit input, review the next steps and accept volunteers to be part of a technical advisory committee. Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia requires 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: In Botetourt and Craig Counties, portions of the James River, Catawba Creek, Craig Creek, Barbours Creek, Sinking Creek, Lapsley Run, and Little Patterson Creek are impaired for the "recreational use" water quality standard, meaning there is too much E. Coli bacteria present in these waterbodies. A section of Catawba Creek does not have a healthy and diverse community of macroinvertebrates and subsequently does not meet the "aquatic life" water quality standard. Excessive bacteria levels may pose a threat to human health; therefore, a bacteria standard was established to preserve recreational uses in Virginia's waterbodies. This water quality study will report on the sources of bacteria and recommend reductions to meet total maximum daily loads (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, bacteria levels need to be reduced to the TMDL amount. Virginia agencies are working to identify sources of bacteria and determine the pollutant cause for the benthic impairment through a weight of evidence approach.


Stream

Impairment length

Location description

County

Impairment

Craig Creek

7.91 miles

Mainstem from the mouth of Turnpike Creek extending downstream to the Rt. 311 crossing

Craig County

Bacteria

Craig Creek

11.43 miles

Craig Creek from the mouth of Johns Creek downstream to the Barbours Creek confluence

Craig County

Bacteria

Barbours Creek

7.15 miles

Barbours Creek from just downstream of the Rt. 617 and 611 junction at the mouth of Valley Branch on downstream to its mouth on Craig Creek

Craig County

Bacteria

Little Patterson

4.24 miles

Little Patterson Creek from just upstream of the Rt. 684 (Sugar Tree Hollow Rd.) crossing downstream to its confluence with Patterson Creek

Botetourt County

Bacteria

Lapsley Run

9.01 miles

Lapsley Run from its confluence with the James River upstream to its headwaters

Botetourt County

Bacteria

James River

7.63 miles

James River from the confluence of the Jackson and Cowpasture Rivers downstream to the mouth of Stull Run

Botetourt County

Bacteria

Sinking Creek

6.42 miles

Sinking Creek mainstem from its mouth on the James River upstream to the Route 697 crossing

Botetourt County

Bacteria

Catawba Creek

13.46 miles

Catawba Creek from the confluence of Little Catawba Creek downstream to the Town of Fincastle POTW

Botetourt County

Bacteria

Catawba Creek

3.23 miles

Catawba Creek from Buchanan Branch downstream to the confluence with Little Catawba Creek

Botetourt County

Aquatic Life


How to comment and participate: The meetings of the TMDL process are open to the public, and all interested parties are welcome. A technical advisory committee (TAC) will be formed to assist in the development of this TMDL. Persons interested in assisting in the development of this TMDL as a TAC member should contact Lucy Baker during the comment period, November 2, 2017, through December 11, 2017. Written comments will be accepted through December 11, 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 Lucy Baker, Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, telephone (540) 562-6718, FAX (540) 562-6725, or email lucy.baker@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 WATER CONTROL BOARD

Titles of Regulations: 9VAC25-580. Underground Storage Tanks: Technical Standards and Corrective Action Requirements.

9VAC25-590. Petroleum Underground Storage Tank Financial Responsibility Requirements.

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

Correction to Final Regulations:

Page 17, 9VAC25-580-20 A 1 b, line 6, replace "(insert date three years after effective date of rule)" with "January 1, 2021"

Page 20, column 2, 9VAC25-580-50, subdivision 3 c, line 4, replace "(insert effective date of the amendment)" with "January 1, 2018"

Page 23, column 1, 9VAC25-580-60, subdivision 2 b (2), line 3, strike "subsections" and insert "subdivisions"

subdivision 2 b (3), line 4, strike "subsection" and insert "subdivision"

column 2, subdivision 4, line 5, strike "subsection" and insert "subdivision"

column 2, subdivision 5, line 2, after "Part IV" insert "(9VAC25-580-130 et seq.)"

Page 24, column 1, 9VAC25-580-70 E, line 4, strike "subsection" and insert "subdivision"

Page 25, column 1, 9VAC25-580-82 B 1, line 1, replace "(insert effective date of amendment)" with "January 1, 2018"

subsection B 1, line 4, replace "(insert date three years after effective date of amendment)" with "January 1, 2021"

subsection B 2, line 1, replace "(insert effective date of amendment)" with "January 1, 2018"

column 1, 9VAC25-580-85 A, line 2, replace "(insert date three years after effective date of amendment)" with "January 1, 2021,"

Page 30, 9VAC25-580-130 A 3, line 1, replace "(insert date three years after effective date of amendment)" with "January 1, 2021"

Page 33, column 1, 9VAC25-580-140, subdivision 2 a (2) (e), line 3, strike "subsection" and insert "section"

column 2, 9VAC25-580-150, subdivision 5 a, line 3, strike "subsections" and insert "subdivisions"

Page 34, column 2, 9VAC25-580-160, subdivision 2 e, line 4, replace "subsection" with "subdivision"

Page 36, 9VAC25-580-180, subdivision 1, line 7, replace "(insert date three years after effective date of amendment)" with "January 1, 2021"

Page 37, column 1, 9VAC25-580-180, subdivision 1, line 2, replace "(insert effective date of amendment)" with "January 1, 2018,"

Page 38, column 1, 9VAC25-580-210, subdivision 1 b, line 5, after "Part VI" insert "of this chapter"

Page 41, column 1, 9VAC25-580-330 B, line 3, strike "subsection" and insert "subdivision"

column 2, subsection C, line 3, after "Part VI" insert "(9VAC25-580-230 et seq.)"

Page 47, 9VAC25-580-380 A 1, line 1, replace "(insert effective date of amendment)" with "January 1, 2018,"

subdivision A 1, table row 2, column 2, replace "(insert date three years after effective date of amendment)" with "January 1, 2021"

subdivision A 1, table row 3, column 2, replace "(insert date three years after effective date of amendment)" with "January 1, 2021"

subdivision A 1, table row 4, column 2, replace "(insert effective date of amendment)" with "January 1, 2018"

subdivision A 2, line 1, replace "(insert effective date of amendment)" with "January 1, 2018"

subsection B, line 1, replace "(insert date three years after effective date of amendment)" with "January 1, 2021"

subsection B, line 5, replace "(insert effective date of amendment)" with "January 1, 2018,"

9VAC25-580-390 B, line 1, replace "(insert date three years after effective date of amendment)" with "January 1, 2021"

subsection B, line 4, replace "(insert effective date of amendment)" with "January 1, 2018,"

Page 48, column 1, 9VAC25-580-390 D, line 4, replace "(insert date three years after effective date of amendment)" with "January 1, 2021"

Page 49, column 1, 9VAC25-580-390 D 2 a (2), table row 2, column 2, replace "(insert date three years after effective date of amendment)" with "January 1, 2021"

table row 3, column 2, line 1, replace "(insert date three years after effective date of rule)" with "January 1, 2021,"

table row 3, column 2, line 3, replace "(insert date six years after effective date of amendment)" with "January 1, 2024"

table row 4, column 2, line 1, replace "(insert date six years after effective date of rule)" with "January 1, 2024,"

table row 4, column 2, line 3, replace "(insert date seven years after effective date of amendment)" with "January 1, 2025"

table row 5, column 2 replace "(insert date seven years after effective date of amendment)" with "January 1, 2025"

column 2, subsection E, line 4, replace "(effective date of rule)" with "January 1, 2018,"

Page 51, column 1, 9VAC25-590-10, definition of "corrective action", line 10, after "Part VII" strike "(9VAC25-580-320" and insert "(9VAC25-580-310"

Page 57, 9VAC25-590-180, line 8, after "Part VII" strike "(9VAC25-580-320" and insert "(9VAC25-580-310"

VA.R. Doc. No. R18-4454; Filed September 26, 2017, 12:16 p.m.