STATE 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 on behalf of the Air Pollution Control Board is conducting a periodic review and small business impact review of portions of 9VAC5-50, New and Modified 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The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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:

9VAC5-50, New and Modified Stationary Sources

Part I, Special Provisions (9VAC5-50-10 et seq.)

Part II, Emission Standards:

Article 1, Standards of Performance for Visible Emissions and Fugitive Dust/Emissions (Rule 5-1) (9VAC5-50-60 et seq.)

Article 2, Standards of Performance for Odorous Emissions (Rule 5-2) (9VAC5-50-130 et seq.)

Article 4, Standards of Performance for Stationary Sources (Rule 5-4) (9VAC5-50-240 et seq.)

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 May 14, 2018, and ends June 4, 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.

Proposed Air State Implementation Plan Revision - Ozone Infrastructure

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed plan to assure necessary authorities are contained in the state implementation plan (SIP) for the 2008 ozone National Ambient Air Quality Standard (NAAQS) supporting the infrastructure requirements of the federal Clean Air Act (the Act). The Commonwealth intends to submit the plan as a revision to the Commonwealth of Virginia SIP in accordance with the requirements of § 110(a) of the 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 comment on the issue of whether the plan demonstrates the Commonwealth's compliance with federal Clean Air Act requirements related to general state plan infrastructure for controlling the interstate transport of air pollution for the 2008 ozone NAAQS.

Public comment period: May 14, 2018, through June 13, 2018.

Public hearing: A public hearing will be conducted if a request is made in writing to the contact listed at the end of this notice. In order to be considered, the request must include the full name and address of the person requesting the hearing and be received by DEQ on the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be conducted.

Description of proposal: The proposed revision consists of a demonstration that Virginia meets the obligations of § 110(a)(2)(D)(i)(I) of the Act with respect to the 2008 ozone NAAQS. Section 110(a)(2)(D)(i)(I) prohibits states from significantly contributing to nonattainment or interfering with maintenance of a specific NAAQS in any downwind area: "Each such plan shall contain adequate provisions prohibiting, consistent with the provisions of this title, any source or other type of emissions activity within the State from emitting any air pollution in amounts which will contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to any such national primary or secondary ambient air quality standard."

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). The proposal 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. It is planned to submit all provisions of the proposal as a revision to the SIP.

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 on the last day of the comment period. All information received is part of the public record.

To review 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 below. 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, 1111 East Main Street, Suite 1400, Richmond, VA, telephone (804) 698-4070,

2) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583-3800.

Contact Information: Doris A. McLeod, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4197, FAX (804) 698-4319, or email doris.mcleod@deq.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Fort Powhatan Solar LLC Notice of Intent for a Small Renewable Energy Project (Solar) Permit by Rule - Disputanta, Virginia

Fort Powhatan Solar LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) pursuant to 9VAC15-60. The project will be located in Disputanta and is approximately 150 megawatts alternating current with ground-mounted solar photovoltaic facility utilizing a single-axis tracking system. The site is located approximately at the intersection of Fort Powhatan Road and Wards Creek Road, Disputanta, Virginia, GPS point 37.244717 and -77.097899 in Prince George County.

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

BOARD OF FUNERAL DIRECTORS AND EMBALMERS

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 Funeral Directors and Embalmers 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.

18VAC65-20, Regulations of the Board of Funeral Directors and Embalmers

18VAC65-30, Regulations for Preneed Funeral Planning

18VAC65-40, Regulations for the Funeral Service Internship Program

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 May 14, 2018, and ends June 13, 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 BOARD OF HEALTH

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 12VAC5-191, State Plan for the Children with Special Health Care Needs Program, and determined that this regulation should be retained in its current form. The State Board of Health is publishing its report of findings dated April 3, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

There is a continued need for the regulation, as it is essential to outline program services for children with special health care needs. Program services are provided through available appropriations under federal Title V funds to eligible Virginia residents. No public comments were received. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with any known federal or state law or regulation.

Regulations are evaluated on an ongoing basis and this regulation was last amended in January 2014. Retaining the regulation in its current form does not appear to cause an adverse economic impact on small businesses in the Commonwealth of Virginia.

Contact Information: Marcus Allen, Children and Youth with Special Health Care Needs Program Manager, Virginia Department of Health, 109 Governor Street, Richmond, VA 23221, telephone (804) 864-7716, FAX (804) 864-7771, or email marcus.allen@vdh.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 April 25, 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 Forty-Seven (18)

Virginia Lottery's "Mega Grocery Shopping Dash Promotion" Final Rules for Operation (effective June 1, 2018)

Director's Order Number Fifty (18)

Virginia Lottery's "Circle K Free Gas For A Year" Final Rules for Operation (effective May 1, 2018)

Director's Order Number Fifty-One (18)

Certain Virginia Instant Game Lotteries: End of Games - amended.

The following Virginia Lottery instant games will officially end at midnight on April 20, 2018, and has been amended to include game 1467 $100 Million Cash Extravaganza:

The last day for lottery retailers to return for credit unsold tickets from any of these games will be June 4, 2018. The last day to redeem winning tickets for any of these games will be October 17, 2018, 180 days from the declared official end of the game. Claims for winning tickets from any of these games will not be accepted after that date. Claims that are mailed and received in an envelope bearing a postmark of the United States Postal Service or another sovereign nation October 17, 2018, or earlier, will be deemed to have been received on time. This notice amplifies and conforms to the duly adopted State Lottery Board regulations for the conduct of lottery games. (effective on April 16, 2018)

BOARD OF MEDICINE AND BOARD OF NURSING

Regulations to Implement HB793

The Board of Medicine and the Board of Nursing are seeking public comment on promulgation of regulations to implement HB793 (Chapter 776 of 2018 General Assembly), legislation to authorize nurse practitioners who meet certain qualifications to practice without a practice agreement with a patient care team physician.

In order to comply with the second enactment on the bill requiring regulations to be in effective within 280 days, the boards will be adopting emergency regulations. The Committee of the Joint Boards of Nursing and Medicine and its Advisory Committee will meet on May 17, 2018, and will serve as the Regulatory Advisory Panel to develop recommended amendments to nurse practitioner regulations to implement the provisions of HB793. Public comment will be accepted at the meeting.

Topics for consideration in adoption of regulations to amend 18VAC90-30 (Regulations Governing the Licensure of Nurse Practitioners) and 18VAC90-40 (Regulations for Prescriptive Authority for Nurse Practitioners) will be:

• Equivalent of at least five years of full-time clinical experience

• Routine practice in a practice area included within the category for which the nurse practitioner was certified and licensed

• Requirements of an attestation of practice

• Fee associated with submission of attestation and issuance of autonomous designation

• Acceptance of "other evidence" demonstrating that the applicant met the requirements

• Endorsement of experience in other states

• Unprofessional conduct - falsification of attestation

Comment may be sent to elaine.yeatts@dhp.virginia.gov. Comments sent by mail should be directed to Elaine Yeatts, Senior Policy Analyst, Department of Health Professions, 9960 Mayland Drive, Richmond, VA 23233.

Contact Information: Jay P. Douglas, R.N., Executive Director, Board of Nursing, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4520, FAX (804) 527-4455, or email jay.douglas@dhp.virginia.gov.

BOARD OF PHARMACY

Application for Pharmaceutical Processor Permits

A pharmaceutical processor is a facility that has obtained a permit from the Board of Pharmacy pursuant to § 54.1-3408.3 of the Code of Virginia to cultivate Cannabis plants for the production of cannabidiol oil or THC-A oil and dispense the oil to patients registered by the Board of Pharmacy for treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the physician to benefit from such use. As set forth in § 54.1-3442.6 of the Code of Virginia, the board may issue or renew in any year a maximum of five permits, one for each health service area established by the State Board of Health. The application process for pharmaceutical processor permits occurs in three stages: submission of initial application, awarding of conditional approval, and granting of a pharmaceutical processor permit.

As of April 16, 2018, a request for application (RFA) process has opened for obtaining conditional approval for a pharmaceutical processor permit. For consideration, a complete application, required documentation, and the nonrefundable application fee of $10,000 must be received no later than 2 p.m. on June 8, 2018. The RFA is available at https://www.dhp.virginia.gov/Pharmacy/PharmaceuticalProcessors.htm.

Contact Information: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4456, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

Placement of Chemicals in Schedule I

Public comment period: April 25, 2018, through June 7, 2018.

Pursuant to § 54.1-3443 D 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 June 21, 2018, at the Perimeter Center, 9960 Mayland Drive, Suite 201, Richmond, VA 23233. Public comment may also be submitted electronically or in writing prior to June 7, 2018, to Caroline Juran, Executive Director of the Board of Pharmacy at caroline.juran@dhp.virginia.gov.

The Virginia Department of Forensic Science has identified eight chemical compounds for recommended inclusion into the Code of Virginia. A brief description and chemical name for each compound follows.

The following compound is classified as a research chemical. 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. 2,5-dimethoxy-4-chloroamphetamine (other name: DOC), 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 of the Code of Virginia) in previous legislative sessions.

2. N-(2-fluorophenyl)-2-methoxy-N-[1-(2-phenylethyl)-4-piperidinyl]-acetamide (other name: Ocfentanil), 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. N-(4-methoxyphenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-butanamide (other name: 4-methoxybutyrylfentanyl), 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.

4. N-phenyl-2-methyl-N-[1-(2-phenylethyl)-4-piperidinyl]-propanamide (other name: Isobutyryl 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.

5. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-cyclopentanecarboxamide (other name: Cyclopentyl 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.

6. N-phenyl-N-(1-methyl-4-piperidinyl)-propanamide (other name: N-methyl norfentanyl), 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 compound is classified as a cannabimimetic agent. Compounds of this type have been placed in Schedule I (subdivision 6 of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.

7. 1-(4-cyanobutyl)-N-(1-methyl-1-phenylethyl)-1H-indazole-3-carboxamide (other name: 4-cyano CUMYL-BUTINACA), its salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

The following compound is classified as a benzodiazepine, which is a central nervous system depressant. Flualprazolam has no accepted medical use in the United States. Other compounds of this type have been placed in Schedule I (subdivision 4 of § 54.1-3446 of the Code of Virginia).

8. Flualprazolam, its salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

Contact Information: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4456, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

Scheduling and Descheduling to Conform to Drug Enforcement Administration Schedules

Pursuant to subsection E of § 54.1-3443 of the Code of Virginia, the Board of Pharmacy is giving notice of a public hearing to consider scheduling or descheduling certain drugs in the Virginia Drug Control Act. The public hearing will be conducted at 9 a.m. on June 21, 2018, at the Perimeter Center, 9960 Mayland Drive, Suite 201, Richmond, VA 23233.

In order to conform the Drug Control Act to recent scheduling changes enacted by the Drug Enforcement Administration, the board will:

1. Add MT-45 (1-cyclohexyl-4-(1,2-diphenylethyl)piperazine) to Schedule I;

2. Add Dronabinol [(-)-delta-9-trans tetrahydrocannabinol] in an oral solution in a drug product approved for marketing by the U.S. Food and Drug Administration to Schedule II; and

3. Remove naldemedine from Schedule II.

Contact Information: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 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 Enforcement Action for
Circle K Stores Inc.

An enforcement action has been proposed for Circle K Stores Inc. for violations of the State Water Control Law in Chesapeake, Virginia. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Jennifer Coleman, Esq. will accept comments by email at jennifer.coleman@deq.virginia.gov, FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from May 14, 2018, to June 13, 2018.

Public Meeting and Notice of Public Comment for Watershed Plan (Total Maximum Daily Load) for the North Fork Catoctin Creek in Loudoun County, Virginia

Public meeting: A public meeting for development of a sediment total maximum daily load (TMDL) and implementation strategies to address the general standard (benthics) impairment on North Fork Catoctin Creek will be held on Wednesday, June 13, 2018, from 6:30 p.m. until 8 p.m. in the Robey Meeting Room at the Purcellville Library, 220 East Main Street, Purcellville, VA 20132.

Purpose of notice: The Department of Environmental Quality (DEQ) will discuss a watershed plan to develop a TMDL and strategies for its implementation for North Fork Catoctin Creek in Loudoun County. This stream segment is listed on the § 303(d) TMDL Priority List and Report as impaired due to violations of Virginia's water quality standards for the general standard (benthics). 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. This meeting is an opportunity for local residents to learn about the water quality of North Fork Catoctin Creek and the approach proposed to improve its water quality, share information about the area, and become involved in the process of local water quality improvement.

Description of study: North Fork Catoctin Creek, in Loudoun County, is impaired for the general standard (benthics) in the two segments identified in the table below. North Fork Catoctin Creek does not have a healthy and diverse community of macroinvertebrates and subsequently does not meet the "aquatic life" water quality standard. A TMDL is the total amount of a pollutant a waterbody can contain and still meet water quality standards. To restore water quality, pollutant levels need to be reduced to the TMDL amount. This study will identify sources of sediment (the pollutant identified as the most probable stressor), recommend reductions to meet a TMDL for the impaired water, and identify strategies to meet those reductions, with the goal of restoring the aquatic community of the stream.

How to comment and participate: This meeting is open to the public, and all interested parties are welcome. A public comment period will begin June 14, 2018, and end July 13, 2018. Comments will be accepted on the watershed plan approach discussed during the meeting and on participating on a technical advisory committee (TAC) to assist in the development of the TMDL and strategies to reduce the pollutant. Persons interested in participating as a TAC member should contact the DEQ contact person, Sarah Sivers, by the end of the comment period and provide their name, telephone number, email address, and the organization they represent (if any). All comments must be written and submitted via email or traditional mail by the end of July 13, 2018. They must include the name, address, and telephone number of the person submitting the comments. DEQ will notify all applicants of the composition of the TAC after the close of the comment period. For more information or to submit written comments, please contact Sarah Sivers, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3898, or email sarah.sivers@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

BOARD OF HOUSING AND COMMUNITY DEVELOPMENT

Title of Regulation: 13VAC5-63. Virginia Uniform Statewide Building Code.

Publication: 34:18 VA.R. 1744-1961 April 30, 2018

Correction to Final Regulation:

Page 1939, second column, before third line, which states "Change the referenced standards in" insert "13VAC5-63-443. Chapter 16 Referenced standards."

VA.R. Doc. No. R16-4664; Filed April 26, 2018.