GENERAL NOTICES/ERRATA
Vol. 34 Iss. 16 - April 02, 2018

CRIMINAL JUSTICE SERVICES BOARD

Dispatcher Curriculum Review Committee: Proposed Performance Outcomes for Dispatchers

The Department of Criminal Justice Services (DCJS) is seeking public comment. The public comment period opens March 19, 2018, and closes May 21, 2018. Public comment is accepted through the Virginia Regulatory Town Hall website. The agenda for the June 14, 2018, meeting of the Committee on Training will include an opportunity for public comment.

The members of the Dispatcher Curriculum Review Committee (CRC) have spent more than two years conducting a comprehensive review of the minimum training standards for dispatchers. The members have reviewed, discussed, revised, and repealed existing performance outcomes; reviewed, discussed, and revised proposed performance outcomes submitted by stakeholders; and discussed and developed new performance outcomes.

The CRC worked diligently to address first responder and public safety while identifying the knowledge and skills essential for the dispatch profession. The CRC worked to streamline the performance outcomes, remove redundant and antiquated language, and clarify confusing and ambiguous training objectives, testing criteria, and terminology. The CRC approved a comprehensive rewrite of the dispatcher performance outcomes and intends to recommend that the Committee on Training approve the package as submitted.

The comprehensive rewrite of the dispatcher performance outcomes can be viewed on the DCJS website on the Law Enforcement page at https://www.dcjs.virginia.gov/law-enforcement by clicking on the tab labeled "Proposed Performance Outcomes for Dispatchers."

Contact Information: Barbara Peterson-Wilson, Law Enforcement Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 225-4503, FAX (804) 786-0410, or email barbara.peterson-wilson@dcjs.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 conducting a periodic review and small business impact review of 12VAC5-200, Regulations Governing Eligibility Standards and Charges for Medical Care Services to Individuals. 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 April 2, 2018, and ends April 23, 2018.

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 Lisa Park, Health Care Reimbursement Manager, Department of Health, 109 Governor Street, 13th Floor, Richmond, VA 23219, telephone (804) 864-7018, FAX (804) 864-7022, or email lisa.park@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.

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on March 14, 2018. 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 Twenty-Two (18)

Virginia Lottery "Spring Into Summer Extra 1% Commission Retailer Incentive Promotion" (this Director's Order becomes effective on 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 Twenty-Five (18)

Virginia Lottery's Scratch Game 1856 "Blockbuster Crossword" Final Rules for Game Operation (effective February 28, 2018)

Director's Order Number Twenty-Six (18)

Virginia Lottery's Scratch Game 1833 "Ca$h MatchTM" Final Rules for Game Operation (effective February 28, 2018)

Director's Order Number Twenty-Seven (18)

Virginia Lottery's Scratch Game 1885 "Blazing Hot 7s" Final Rules for Game Operation (effective February 28, 2018)

Director's Order Number Twenty-Eight (18)

Virginia Lottery's Scratch Game 1883 "Red Hot 7s" Final Rules for Game Operation (effective February 28, 2018)

Director's Order Number Twenty-Nine (18)

Virginia Lottery's Scratch Game 1884 "Sizzling Hot 7s" Final Rules for Game Operation (effective February 28, 2018)

Director's Order Number Thirty (18)

Virginia Lottery's Scratch Game 1882 "Hot 7s" Final Rules for Game Operation (effective February 28, 2018)

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Updated Dental Procedure Codes - Notice of Intent to Amend the Virginia State Plan for Medical Assistance (Pursuant to § 1902(a)(13) of the Act (USC § 1396a(a)(13)))

The Virginia Department of Medical Assistance Services hereby affords the public notice of its intention to amend the Virginia State Plan for Medical Assistance to provide for changes to the Methods and Standards for Establishing Payment Rates-Other Types of Care (12VAC30-80).

This notice is intended to satisfy the requirements of 42 CFR 447.205 and of § 1902(a)(13) of the Social Security Act, 42 USC § 1396a(a)(13). A copy of this notice is available for public review from Jimeequa Williams, Policy and Research Division, Department of Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219, or via email at jimeequa.williams@dmas.virginia.gov.

This notice is available for public review on the Regulatory Town Hall at www.townhall.virginia.gov, on the General Notices page, found at https://townhall.virginia.gov/L/generalnotice.cfm.

12VAC30-80-30 of Reimbursement Changes Affecting Other Types of Care (12VAC30-80) is being amended. The agency's fee schedule is being updated on March 30, 2018, to include updated dental procedure codes.

There is no expected increase or decrease in aggregate annual expenditures.

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.mcvlellan@dmas.virginia.gov.

STATE WATER CONTROL 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 Department of Environmental Quality is conducting a periodic review and small business impact review of 9VAC25-200, Water Withdrawal Reporting. 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 April 2, 2018, and ends April 23, 2018.

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, 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.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Environmental Quality is conducting a periodic review and small business impact review of 9VAC25-740, Water Reclamation and Reuse Regulation. 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 April 2, 2018, and ends May 2, 2018.

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, 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.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

Notice of 30-Day Public Comment Period on Revisions to the List of Impaired Waters Prioritized for TMDL or TMDL Alternative Development for 2016–2022

Public comment process: The Department of Environmental Quality (DEQ) seeks written or electronic comments from interested persons on the adjusted list of impaired waters prioritized for total maximum daily load (TMDL) or TMDL alternative development throughout 2016–2022. The public comment period begins April 2, 2018, and ends May 2, 2018. Please note that all written comments should include the name, address, and telephone number of the person submitting the comments. DEQ will hold a public meeting to address and discuss the revised list of impaired waters prioritized for TMDL or TMDL alternative development if there is sufficient interest from the public. For more information or to submit written or electronic comments, please contact Will Isenberg, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4228, or email william.isenberg@deq.virginia.gov.

Background: DEQ is implementing the national § 303(d) Program Vision, which facilitates the prioritization of impaired waters for TMDL or TMDL alternative development 2016–2022. While the national § 303(d) Program Vision involves prioritizing impaired waters for TMDL or TMDL alternative development, DEQ took this opportunity to also prioritize impaired waters that require a stressor analysis report or a natural conditions report. TMDLs or TMDL alternatives are reports that outline necessary reductions in pollutant or pollution loads in order to restore water quality. In some cases, stressor analyses must be conducted prior to any restoration plan development due to the uncertain causes of water quality impairment. These reports analyze water quality data to determine what the most probable stressors are that contribute to the impaired status of the water. In other cases where either a stressor analysis or a watershed characteristic suggests that the impaired status of the water is due more to natural conditions than human activity, a natural conditions report is conducted.

In the late summer of 2015, DEQ assembled a draft list of prioritized impaired waters and public noticed that list for public comment on July 27, 2015. The 30-day public comment period lasted until August 26, 2015. Only one comment was received and addressed by DEQ. It did not result in any changes to the priorities list, which was then finalized following the close of the comment period and submitted to the U.S. Environmental Protection Agency (EPA) in accordance with the new § 303(d) Program Vision. Soon thereafter in the early winter of 2015–2016, EPA announced that these priorities lists could be revised. This opportunity to revise the priorities list was due to challenges incurred by states throughout this first submittal of priority waters as part of the new § 303(d) Program Vision, in addition to the fact that EPA was allowing TMDL revisions to be included as priorities for the first time. Accordingly, DEQ assembled a revised list of prioritized impaired waters and public noticed that list for public comment from April 2, 2016, to May 2, 2016. No comments were received, and the revised priorities list was finalized and submitted to EPA.

EPA is now providing states another opportunity to adjust their priorities lists to adapt to changes in program resources. Therefore, DEQ is taking this opportunity to move additional waters to the list of prioritized waters that will be submitted to EPA. Before finalizing this revision of prioritized impaired waters, DEQ is providing a 30-day public comment period to seek comments from the public. Once all of the comments have been addressed following this public comment period, DEQ will finalize the revised 2016–2022 priorities list and post it on DEQ TMDL program webpage. The final list will also be published in the 2018 and 2020 biennial § 305(b)/303(d) Integrated Reports, where it will be available for additional public comment under the comment period for the entire Integrated Report.

External links to priorities information:

1. Description of the Process for Prioritizing Impaired Waters.

2. Revised List of Prioritized Impaired Waters.

Notice of Release of the Final 2016 § 305(b)/303(d) Water Quality Assessment Integrated Report

The Virginia Department of Environmental Quality (DEQ) will release the Final 2016 § 305(b)/303(d) Water Quality Assessment Integrated Report on April 2, 2018.

The Integrated Report combines both the § 305(b) Water Quality Assessment and the § 303(d) Report on Impaired Waters. The draft report was available for public comment August 7, 2017, through September 6, 2017. Comments were received from the public and the U.S. Environmental Protection Agency (EPA). EPA approved the final report on March 6, 2018.

The final report, public comment-response document, and map images are available for download on the DEQ website at http://www.deq.virginia.gov/Programs/Water
/WaterQualityInformationTMDLs/WaterQualityAssessments/2016305b303dIntegratedReport.aspx
. Copies are available at no charge on CD-ROM (limit one per person) by contacting Cleo Baker by telephone at (804) 698-4191 or via email at cleo.baker@deq.virginia.gov. These CD-ROMs include the entire final report, all of its appendices, and summary maps developed from the 2016 assessment.

Questions regarding the report can be directed to Sandra Mueller, Department of Environmental Quality, Office of Water Monitoring and Assessment, P.O. Box 1105, Richmond, VA 23218, by telephone at (804) 698-4324 or via email at sandra.mueller@deq.virginia.gov.

Contact Information: Sandra Mueller, Office of Water Monitoring and Assessment, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4324, or email sandra.mueller@deq.virginia.gov.

Proposed Consent Special Order for Hourigan Construction Corp.

An enforcement action has been proposed for Hourigan Construction Corp. for violations at the P987 Supply Warehouse, P986 Motor Transportation Facility, and P989 Armory at the Yorktown Naval Weapons Station. The State Water Control Board proposes to issue a special order by consent to Hourigan Construction Corp. 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. Carla Pool will accept comments by email at carla.pool@deq.virginia.gov, FAX at (804) 698-4234, or postal mail at Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, from April 2, 2018, to May 2, 2018.

Proposed Consent Special Order for Wilde Acres Property Owners' Association Incorporated

An enforcement action has been proposed for Wilde Acres Property Owners' Association Incorporated for violations at the Wilde Acres SubdivisionMountain Falls Park, in Frederick County, Virginia. The State Water Control Board proposes to issue a special order by consent to Wilde Acres Property Owners' Association Incorporated 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. Carla Pool will accept comments by email at carla.pool@deq.virginia.gov, FAX at (804) 698-4234, or postal mail at Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, from April 2, 2018, to May 2, 2018.

Proposed Consent Special Order for
DeLos G. Willmore

An enforcement action has been proposed for DeLos G. Willmore for violations at the Pinebrook II development, in Spotsylvania County, Virginia. The State Water Control Board proposes to issue a special order by consent to DeLos G. Willmore 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. Carla Pool will accept comments by email at carla.pool@deq.virginia.gov, FAX at (804) 698-4234, or postal mail at Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, from April 2, 2018, to May 2, 2018.

VIRGINIA WASTE MANAGEMENT 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 Department of Environmental Quality 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.

9VAC20-70, Financial Assurance Regulations for Solid Waste Disposal, Transfer and Treatment Facilities

9VAC20-160, Voluntary Remediation Regulations

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.

The comment period begins April 2, 2018, and ends April 23, 2018.

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.

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.