GENERAL NOTICES/ERRATA
Vol. 34 Iss. 17 - April 16, 2018

AIR POLLUTION 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 (DEQ) on behalf of the Air Pollution Control Board is conducting a periodic review and small business impact review of portions of 9VAC5-40, Existing Stationary Sources.

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 The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 specific regulations being reviewed are as follows:

9VAC5-40, Existing Stationary Sources

Part I - Special Provisions (9VAC5-40-10 et seq.)

Part II - Emission Standards:

Article 1, Visible Emissions and Fugitive Dust/Emissions

Article 2, Emission Standards for Odor

Article 4, Emission Standards for General Process Operations

Article 5, Emission Standards for Synthesized Pharmaceutical Products Manufacturing Operations

Article 6, Emission Standards for Rubber Tire Manufacturing Operations

Article 7, Emission Standards for Incinerators

Article 8, Emission Standards for Fuel Burning Equipment

Article 9, Emission Standards for Coke Ovens

Article 10, Emission Standards for Asphalt Concrete Plants

Article 11, Emission Standards for Petroleum Refinery Operations

Article 12, Emission Standards for Chemical Fertilizer Manufacturing Operations

Article 13, Emission Standards for Pulp and Paper Mills

Article 14, Emission Standards for Sand and Gravel Processing Operations and Stone Quarrying and Processing Operations

Article 15, Emission Standards for Coal Preparation Plants

Article 16, Emission Standards for Portland Cement Plants

Article 17, Emission Standards for Woodworking Operations

Article 18, Emission Standards for Primary and Secondary Metal Operations

Article 19, Emission Standards for Lightweight Aggregate Process Operations

Article 20, Emission Standards for Feed Manufacturing Operations

Article 21, Emissions Standards for Sulfuric Acid Production Units

Article 22, Emission Standards for Sulfur Recovery Operations

Article 23, Emission Standards for Nitric Acid Production Units

Article 24, Emission Standards for Solvent Metal Cleaning Operations Using Nonhalogenated Solvents

Article 25, Emission Standards for Volatile Organic Compound Storage and Transfer Operations

Article 26, Emission Standards for Large Appliance Coating Application Systems

Article 27, Emission Standards for Magnet Wire Coating Application Systems

Article 28, Emission Standards for Automobile and Light Duty Truck Coating Application Systems

Article 29, Emission Standards for Can Coating Application Systems

Article 30, Emission Standards for Metal Coil Coating Application Systems

Article 31, Emission Standards for Paper and Fabric Coating Application Systems

Article 32, Emission Standards for Vinyl Coating Application Systems

Article 33, Emission Standards for Metal Furniture Coating Application Systems

Article 35, Emission Standards for Flatwood Paneling Coating Application Systems

Article 36, Emission Standards for Flexographic, Packaging Rotogravure, and Publication Rotogravure Printing Lines

Article 46, Emission Standards for Small Municipal Waste Combustors

Article 47, Emission Standards for Solvent Metal Cleaning Operations in the Northern Virginia Volatile Organic Compound Emissions Control Area

Article 48, Emission Standards for Mobile Equipment Repair and Refinishing Operations

Article 52, Emission Standards for Stationary Sources Subject to Case-by-Case BART Determinations

Article 54, Emission Standards for Large Municipal Waste Combustors

Article 55, Emission Standards for Sewage Sludge Incineration Units

The regulations may be viewed on the DEQ air regulation webpage at http://www.deq.virginia.gov/Programs/Air /Laws,Regulations,Guidance.aspx.

The comment period begins April 16, 2018, and ends May 7, 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 Gary Graham, Regulatory Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4103, FAX (804) 698-4319, or email gary.graham@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.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Revised Powells Farm Solar LLC Notice of Intent for a Small Renewable Energy Project (Solar)
Permit by Rule - Halifax County

The Department of Environmental Quality received a revised notice of intent to submit the necessary documentation for a permit by rule for a small renewable solar energy project. Powells Farm Solar LLC is now proposing a larger solar farm project, 70 megawatts, to be located in Halifax County on six parcels totaling approximately 710 acres off of Hendricks Lane. The project will be comprised of arrays of polycrystalline solar collectors, inverters, and associated equipment.

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4319, or email mary.major@deq.virginia.gov.

Revised Sunnybrook Farm Solar LLC Notice of Intent for a Small Renewable Energy Project (Solar) Permit by Rule - Halifax County

The Department of Environmental Quality has received a revised notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) from Sunnybrook Farm Solar LLC. The project is still proposed to be located in Halifax County and to be a 51-megawatt alternating current photovoltaic solar facility. The revised project will be on portions of seven parcels totaling approximately 352 acres off of Long Branch Lane outside of Scottsburg. The project will be comprised of approximately 210,000 polycrystalline solar collectors and associated equipment.

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4319, or email mary.major@deq.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 March 28, 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 Thirty-One (18)

Virginia Lottery "Beats® This Sales Contest" Retailer Incentive Promotion (This Director's Order becomes effective on April 3, 2018, 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 Thirty-Two (18)

Certain Virginia Promotion; Rescission of Promotion - Beats This Sales Contest Incentive Promotion (172 2017) (This Director's Order is effective on April 3, 2018, and shall remain in full force and effect unless or rescinded by further Director's Order)

Director's Order Number Thirty-Three (18)

Virginia Lottery's "2018 Richmond Raceway Torque Club Ticket Giveaway" Promotion Final Rules for Operation (This Director's Order becomes effective on April 20, 2018, 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 Thirty-Four (18)

Virginia Lottery's "Wawa Sports Partnership Promotion" Final Rules for Operation (This Director's Order becomes effective on April 1, 2018, 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 Thirty-Five (18)

Virginia Lottery's "Thank A Teacher" Final Rules for Operation (This Director's Order becomes effective on Monday, April 2, 2018, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Chapter V (All Provider Manuals) Virginia Birth-Related Neurological Compensation Program Update Draft for Stakeholder Input

Comment period: March 28, 2018, to April 27, 2018.

The draft Virginia Birth-Related Neurological Compensation Program (Program) language will be incorporated into Chapter V of all Department of Medical Assistance Services (DMAS) provider manuals and is posted on the DMAS website at http://townhall.virginia.gov for public comment through April 27, 2018. Please see the overview below for more details.

Overview of Changes: Information regarding the processing of claims for members who receive benefits from the Program will be added to Chapter V (Billing) of all DMAS provider manuals. Effective May 1, 2018, providers must assure that the Third Party Administrator, Best Life, and the Program receive and adjudicate claims prior to submitting to Virginia Medicaid.

Chapter V of all DMAS provider manuals will be finalized and officially posted by May 1, 2018, at https://www.virginiamedicaid.dmas.virginia.gov/wps/portal/ProviderManuals.

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.

BOARD OF NURSING

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 Board of Nursing 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.

18VAC90-15, Regulations Governing Delegation to an Agency Subordinate

18VAC90-25, Regulations Governing Certified Nurse Aides

18VAC90-26, Regulations for Nurse Aide Education Programs

18VAC90-60, Regulations Governing the Registration of Medication Aides

Contact Information: Elaine Yeatts, Senior Policy Analyst, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, FAX (804) 527-4434, or email elaine.yeatts@dhp.virginia.gov.

The comment period begins April 16, 2018, and ends May 8, 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.

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 9VAC25-280, Ground Water Standards. 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 16, 2018, and ends May 7, 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.

Proposed Consent Order for the Town of Elkton

The State Water Control Board proposes to issue a consent order to the Town of Elkton for the purpose of incorporating a plan to address flows in excess of 95% of the authorized design capacity at the Elkton Sewage Treatment Plant into an enforceable document. A description of the proposed action is available at the Department of Environmental Quality office named below or online at http://www.deq.virginia.gov. Tamara Ambler will accept comments by email at tamara.ambler@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, from April 16, 2018, to May 16, 2018.

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.