COMMONWEALTH TRANSPORTATION BOARD

Pending Action Affecting the Use of State Highway Right-of-Way for Mobile Food Vending

As part of its efforts to comply with Chapter 765 of the 2016 Acts of Assembly, the Virginia Department of Transportation (VDOT) plans to propose to the Commonwealth Transportation Board (CTB) amendments to the Rules and Regulations for the Administration of Parking Lots and Environs (24VAC30-100) and the Land Use Permit Regulations (24VAC30-151) concerning mobile food vending in VDOT-owned commuter parking lots in Planning District 8, which is comprised of the following counties: Loudoun, Prince William, and Fairfax. The Land Use Permit Regulations (24VAC30-151) were amended in 2015 to allow food vendors to sell items on state highway right-of-way as directed by Chapter 466 of the 2015 Acts of Assembly. Chapter 765 directs VDOT to develop guidelines, consistent with the board's regulations and policies, to permit mobile food vending in a commuter parking lot owned by the Department of Transportation in Planning District 8. Additionally, any necessary regulatory changes are to be exempt from the Administrative Process Act. To prepare its amendments, VDOT conducted a survey of the commuter lots in the planning district to determine lot sizes, percentages of utilization, and locations and identified prohibitions on vending at such sites (such as federal regulations). VDOT also met with affected stakeholders, including mobile food vendors; Senator Jeremy S. McPike, the patron of Chapter 765; the Federal Highway Administration; and representatives from the DC/MD/VA Food Truck Association to develop regulatory amendments that include a market-based fee structure for such sales. In addition, affected localities were contacted for input.

VDOT tentatively plans to make a presentation to the CTB discussing its amendments in December and to submit a resolution for consideration in January of 2018.

For further information, see the contact information below.

Contact Information: Robert W. Hofrichter, Land Use Director, Office of Land Use, Virginia Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-0780, FAX (804) 225-4785, or email robert.hofrichter@vdot.virginia.gov.

CRIMINAL JUSTICE SERVICES BOARD

Revisions to Performance Outcomes: Civil Process, Corrections, Courtroom Security, Dispatchers, Jailors, and Law Enforcement

Revisions and new performance outcomes effective date: January 1, 2018.

Additions and deletions have been made to the performance outcomes in all the regulated fields (civil process, corrections, courtroom security, dispatchers, jailors, and law enforcement). To view all the performance outcome revisions please go to the Department of Criminal Justice Services website and view the Law Enforcement webpage https://www.dcjs.virginia.gov/law-enforcement.

Civil Process (Category: Civil Process)

• New performance outcomes numbered 4.10., 4.11., 4.12., and 4.13. have been created to address terrorism awareness.

Civil Process (Category: Field Training)

• Performance outcome 9.7. has been repealed.

Corrections Officer (Category: Emergency Response)

• Performance outcome 4.5. has been revised.

• New performance outcomes numbered 4.6., 4.7., 4.8., and 4.9.  have been created to address terrorism awareness.

Courtroom Security (Category: Court Security Operations)

• New performance outcomes numbered 4.9., 4.10., 4.11., and 4.12. have been created to address terrorism awareness.

Courtroom Security (Category: Field Training)

• Performance outcome 9.10. has been repealed.

Dispatcher (Category: Dispatcher Judgment)

• New performance outcome 2.4.

Jail Officer (Category: Jail Operations)

• New performance outcomes numbered 4.8., 4.9., 4.10., and 4.11. have been created to address terrorism awareness.

Jail Officer (Category: Field Training)

• Performance outcome 9.69. has been repealed.

Law Enforcement Officer (Category: Legal Issues)

• Performance outcome 2.40. has been revised.

Law Enforcement Officer (Category: Patrol)

• Performance outcomes 4.16., 4.17., and 4.22. have been revised.

• New performance outcomes numbered 4.57., 4.58., 4.59., and 4.60. have been created to address terrorism awareness.

Noncustodial Employees of the Department of Corrections

• New performance outcomes have been created to address the training needs of noncustodial employees of the Department of Corrections (DOC) who have been designated by the Director of DOC to carry a firearm.

Contact Information: Barbara Peterson-Wilson, Law Enforcement Program Coordinator, 1100 Bank Street, Richmond, VA 23219, telephone (804) 225-4503, FAX (804) 786-0410, or email barbara.peterson-wilson@dcjs.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Environmental Quality conducted a small business impact review of 9VAC15-90, Uniform Environmental Covenants Act Regulation, and determined that this regulation should be retained in its current form. The Department of Environmental Quality is publishing its report of findings dated September 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, and no public comments were received concerning the content of this regulation during the public comment period. The regulation contains a framework that defines how activity and use limitations prescribed by an agency pursuant to an environmental response project are to be drafted, recorded, and enforced as a Uniform Environmental Covenants Act "environmental covenant."

This regulation was adopted in 2011 to implement the Virginia Uniform Environmental Covenants Act, and the content of the regulation continues to be consistent with state law. The regulations are explanatory in nature and do not place any additional regulatory burden on the regulated community including small businesses.

Contact Information: 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.

BOARD OF PHARMACY

Notice of Hearing on Placing Chemicals in
Schedule I

Pursuant to subsection D of § 54.1-3443 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 December 11, 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 December 1, 2017, to Caroline Juran, Executive Director of the Board of Pharmacy to caroline.juran@dhp.virginia.gov.

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. 2-(methylamino)-2-phenyl-cyclohexanone (other name: Deschloroketamine), 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. 2-methyl-1-(4-(methylthio)phenyl)-2-morpholinopropio-phenone (other name: MMMP), 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. Alpha-ethylaminohexanophenone (other name: N-ethylhexedrone), 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. N-ethyl-1-(3-methoxyphenyl)cyclohexylamine (other name: 3-methoxy-PCE), 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. 4-fluoro-alpha-pyrrolidinohexiophenone (other name: 4-fluoro-alpha-PHP), 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. N-ethyl-1,2-diphenylethylamine (other name: Ephenidine), 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) in previous legislative sessions.

1. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-1,3-benzodioxole-5-carboxamide (other name: Benzodioxole 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. 3,4-dichloro-N-[2-(diethylamino)cyclohexyl]-N-methylbenzamide (other name: U-49900), 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.

3. 2-(2,4-dichlorophenyl)-N-[2-(dimethylamino)cyclohexyl]-N-methylacetamide (other name: U-48800), 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 compounds are classified as central nervous system stimulants. Compounds of this type have been placed in Schedule I (subdivision 5 of § 54.1-3446) in previous legislative sessions.

1. Methyl 2-(4-fluorophenyl)-2-(2-piperidinyl)acetate (4-fluoromethylphenidate), including its salts, isomers, and salts of isomers.

2. Isopropyl-2-phenyl-2-(2-piperidinyl)acetate (other name: Isopropylphenidate), including its salts, isomers, and salts of isomers.

Contact Information: Caroline Juran, RPh, Executive Director, 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 Special Order for Dickeys Auto Recyclers, Inc.

An enforcement action has been proposed for Dickeys Auto Recyclers, Inc. for violations at the site located at 9243 George Washington Highway, Gloucester County, Virginia. The State Water Control Board proposes to issue a special order by consent to Dickeys Auto Recyclers, Inc. to address noncompliance with the State Water Control 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. Kristen Sadtler will accept comments by email at kristen.sadtler@deq.virginia.gov, FAX at (804) 698-4277, or postal mail at Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, from November 13, 2017, to December 13, 2017.

Proposed Consent Special Order for
Key Western, LLC

An enforcement action has been proposed for Key Western, LLC for violations at the site located north off of Overlook Drive in Russell County, Virginia. The State Water Control Board proposes to issue a special order by consent to Key Western, LLC to address noncompliance with the State Water Control 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. Kristen Sadtler will accept comments by email at kristen.sadtler@deq.virginia.gov, FAX at (804) 698-4277, or postal mail at Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, from November 27, 2017, to December 27, 2017.

Proposed Consent Special Order for Leonard Companies Family L.P.

An enforcement action has been proposed for Leonard Companies Family L.P. for violations at the site located at approximate latitude 36° 49' 27"N and longitude 82° 08' 35"W in Russell County, Virginia. The State Water Control Board proposes to issue a special order by consent to Leonard Companies Family L.P. to address noncompliance with the State Water Control 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. Kristen Sadtler will accept comments by email at kristen.sadtler@deq.virginia.gov, FAX at (804) 698-4277, or postal mail at Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, from November 27, 2017, to December 27, 2017.

Proposed Consent Special Order for Leonard Companies, Ltd.

An enforcement action has been proposed for Leonard Companies, Ltd. for violations at the site located at the intersection of VA State Routes 19 and 58 in Russell County, Virginia. The State Water Control Board proposes to issue a special order by consent to Leonard Companies, Ltd. to address noncompliance with the State Water Control 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. Kristen Sadtler will accept comments by email at kristen.sadtler@deq.virginia.gov, FAX at (804) 698-4277, or postal mail at Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, from November 27, 2017, to December 27, 2017. 

Total Maximum Daily Loads for the Blacks Run and Cooks Creek Watersheds

The Virginia Department of Environmental Quality (DEQ) will host a community meeting for the modification of total maximum daily loads (TMDLs) for the Blacks Run and Cooks Creek watersheds in Rockingham County, the Town of Bridgewater, and the City of Harrisonburg. Blacks Run and Cooks Creek were first listed as impaired on Virginia's § 303(d) TMDL Priority List and Report due to violations of the state's water quality standard for bacteria and the general standard (benthics) in 1998. The creeks have remained on the § 303(d) list for these impairments since then. A stressor analysis conducted by DEQ for both creeks indicated that sediment and phosphorous are the primary stressors responsible for the benthic impairment.

The impaired segment of Cooks Creek extends 13.32 miles from the headwaters downstream to its confluence with the North River. The impaired segment of Blacks Run extends 10.74 miles from its headwaters downstream to its confluence with Cooks Creek.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report. DEQ completed sediment, phosphorous, and bacteria TMDLs for Cooks Creek and Blacks Run in April 2002. The TMDLs were approved by the U.S. Environmental Protection Agency in 2004. The TMDL reports are available on the DEQ website at http://www.deq.virginia.gov/programs/water
/waterqualityinformationtmdls/tmdl/tmdldevelopment/approvedtmdlreports.aspx.

In order to address new and expanding discharges from permitted facilities in the watersheds since 2002, the TMDLs for these waterbodies required modification. This modification will ensure that discharge permits issued within the watersheds remain consistent with the wasteload allocations in the TMDLs. The modification process began in August of 2017, and has included a series of technical advisory committee meetings to collect input from stakeholders in the watersheds. A public meeting will be held on Wednesday, November 15, 2017, from 5:30 p.m. until 7 p.m. in the Community Room at the Rockingham County Administration Building, 20 East Gay Street, Harrisonburg, VA. The purpose of this meeting is to present the draft TMDL study to the community, answer questions about the project, and kick off a 30-day public comment period for the TMDLs. The public comment period will begin November 16, 2017, and will end December 15, 2017. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Nesha McRae, Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7850, FAX (540) 574-7878, or email nesha.mcrae@deq.virginia.gov.

For questions about the upcoming meeting or the project in general, please contact Nesha McRae at the telephone number or email address listed above.

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

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Title of Regulation: 12VAC30-30. Groups Covered and Agencies Responsible for Eligibility Determination.

Publication: 33:21 VA.R. 2368-2389 June 12, 2017.

Correction to Fast-Track Regulation:

Page 2376, 12VAC30-30-20, column 1, after the end of subdivision 11, on the next line, insert "13. 12. Individuals under the State Eligibility Option of P.L. 111-148 § 2303 who are not pregnant and whose income does not exceed the state established income standard for pregnant women in the Virginia Medicaid and CHIP State Plan and related waivers, which is 200% of the federal poverty level, shall be eligible for the family planning program. Services are limited to family planning services as described in 12VAC30-50-130 D."

VA.R. Doc. No. R17-4396; Filed October 18, 2017, 2:51 p.m.