GENERAL NOTICES/ERRATA
Vol. 34 Iss. 20 - May 28, 2018

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 (DEQ) on behalf of the State Air Pollution Control Board is conducting a periodic review and small business impact review of 9VAC5-70, Air Pollution Episode Prevention. 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The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 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 28, 2018, and ends June 18, 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 GENERAL SERVICES

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 General Services, Division of Consolidated Laboratory Services (DCLS) is conducting a periodic review and small business impact review of 1VAC30-41, Regulation for the Certification of Laboratories Analyzing Drinking Water. 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 regulations may be viewed on the DCLS drinking water webpage at https://dgs.virginia.gov/division-of-consolidated-laboratory-services/laboratory-services/drinking-water-labs.

The comment period begins May 28, 2018, and ends June 18, 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 Rhonda Bishton, Director's Executive Administrative Assistant, Department of General Services, 1100 Bank Street, Suite 420, Richmond, VA 23219, telephone (804) 786-3311, FAX (804) 371-8305, or email rhonda.bishton@dgs.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.

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 12VAC5-20, Regulations for the Conduct of Human Research, and determined that this regulation should be retained in its current form. The State Board of Health is publishing its report of findings dated March 16, 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 regulations as the conduct of human research is still occurring in the Commonwealth. One public comment was received. The commenter recommended that the regulations be retained in current form. The regulations are clearly written and easily understandable. The regulations do not overlap, duplicate, or conflict with any known federal or state law or regulation. Regulations are evaluated on an ongoing basis, and these regulations were last amended in January 2016. Retaining the regulations in their current form does not appear to cause an adverse economic impact on small businesses in the Commonwealth of Virginia.

Contact Information: Janice Hicks, Policy Planning Specialist, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7686, FAX (804) 864-7652, or email janice.hicks@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 12VAC5-80, Regulations for Administration of the Virginia Hearing Impairment Identification and Monitoring System, and determined that this regulation should be retained in its current form. The State Board of Health is publishing its report of findings dated February 27, 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 regulations as they are mandated by law. No public comments were received. The regulations are clearly written and easily understandable. The regulations do not overlap, duplicate, or conflict with any known federal or state law or regulation. Regulations are evaluated on an ongoing basis, and these regulations were last amended in December 2013. Retaining the regulations in their current form does not appear to cause an adverse economic impact on small businesses in the Commonwealth of Virginia.

Contact Information: Janice Hicks, Policy Planning Specialist, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7686, FAX (804) 864-7652, or email janice.hicks@vdh.virginia.gov.

BOARD OF MEDICINE

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 Medicine 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.

18VAC85-15, Regulations Governing Delegation to an Agency Subordinate

18VAC85-20, Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic

18VAC85-40, Regulations Governing the Practice of Respiratory Therapists

18VAC85-50, Regulations Governing the Practice of Physician Assistants

18VAC85-80, Regulations Governing the Practice of Occupational Therapy

18VAC85-101, Regulations Governing the Practice of Radiologic Technology

18VAC85-110, Regulations Governing the Practice of Licensed Acupuncturists

18VAC85-120, Regulations Governing the Licensure of Athletic Trainers

18VAC85-130, Regulations Governing the Practice of Licensed Midwives

18VAC85-150, Regulations Governing the Practice of Behavior Analysis

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

The comment period begins May 28, 2018, and ends June 27, 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

Proposed Consent Order for Cambria 2014 LLC

An enforcement action has been proposed for Cambria 2014 LLC for the Cambria Cove Subdivision located at the intersection of Route 604 (Genito Road) and Route 667 (Otterdale Road) in Chesterfield County, Virginia. The State Water Control Board proposes to issue a consent order to address noncompliance with 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. Frank Lupini will accept comments from May 28, 2018, to June 28, 2018, by email at frank.lupini@deq.virginia.gov, FAX at (804) 698-4277, or postal mail at Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218.

Notice of Public Meeting and Public Comment on Total Maximum Daily Load Implementation Plan for the Birch Creek and Dan River Watersheds

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the draft total maximum daily load (TMDL) implementation plan (IP) for the Birch Creek and Dan River watersheds in Halifax and Pittsylvania Counties and the City of Danville. These streams were listed as impaired on the Virginia's § 303(d) TMDL Priority List and Report due to violations of the state's water quality standard for bacteria. The following are the names of the bacteria "impaired" streams and the length of the impaired segments: Cascade Creek, 11.79 miles; Tanyard Creek, 2.85 miles; Sugartree Creek, 6.96; Stewart Creek, 7.34 miles; Pumpkin Creek, 4.28 miles; Cane Creek, 12.25 miles; Lawless Creek, 4.71 miles; Big Toby Creek, 7.56 miles; Powells Creek, 4.63 miles; Sandy Creek, 9.41 miles; unnamed tributary Birch Creek, 5.35 miles; Germy Creek, 5.36 miles; Lawsons Creek, 8.26 and 7.27 miles; Miry Creek, 1.11 miles; Stokes Creek, 6.35 miles; Sandy River, 7.22 miles; Sandy Creek, 9.48 miles; Dan River, 35.06 miles; Fall Creek, 11.97 miles; Double Creek, 8.88 miles; and Byrds Branch, 3.76 miles.

The Birch Creek TMDL study was approved by EPA in 2004 and by the State Water Control Board in 2005 and can be found in the Bacteria TMDL for Birch Creek Watershed, Virginia report available at http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/roankrvr/birchfc.pdf.

The Dan River TMDL was approved by EPA in 2008 and approved by the State Water Control Board in 2009 and can be found in the Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds report available at http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/roankrvr/danec.pdf.

The Henry County and Patrick County portions of the Dan River TMDL Watershed were included in the South Mayo River, North Mayo River, Blackberry Creek, Marrowbone Creek, Leatherwood Creek and Smith River Watershed Implementation Plan (2013) available at http://www.deq.virginia.gov/Portals/0/DEQ/Water/TMDL/ImplementationPlans/Smith-Mayo_Technical_Report_FINAL.pdf.

Section 62.1-44.19:7 C of the Code of Virginia requires the development of an IP for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and their associated costs, benefits, and environmental impacts. The draft TMDL implementation plan and meeting documents are available at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLImplementation/TMDLImplementationProgress.aspx.

A public meeting will be held to discuss the draft implementation plan for the Birch Creek and Dan River watersheds. At this meeting, the process by which the implementation plan was developed to restore water quality in the watersheds will be discussed, and citizens will learn how they can be part of the water quality improvement process.

The public meeting will be held from 6 p.m. until 8 p.m. on June 5, 2018, at the Danville Regional Airport, East Conference Room, 424 Airport Drive, Danville, VA 24540. In the event of severe weather, the public meeting will occur on June 7, 2018, at the same time and location.

DEQ accepts written comments by email, fax, or postal mail. The 30-day public comment period on the information presented at the meeting will begin on June 5, 2018, and end on July 5, 2018. Questions or information requests should be addressed to James Moneymaker with the Virginia Department of Environmental Quality. Written comments and inquiries should include the name, address, and telephone number of the person submitting the comments and should be sent to James Moneymaker, Virginia Department of Environmental Quality, 3019 Peters Creek Road, Roanoke, VA 24019, telephone (540) 562-6738, FAX (540) 562-6725, or email james.moneymaker@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 CORPORATION COMMISSION

Title of Regulation: 20VAC5-425. Rules Governing Enhanced 911 (E-911) Service.

Publication: 34:19 VA.R. 2036-2039 May 14, 2018.

Correction to Proposed Regulation:

Page 2038, column 1, line 1, in 20VAC5-425-10 in the definition of "Automatic location identification" after "safety" replace "awareness" with "answering"

Page 2038, in the definition of "Database error" line 2, after "by" unstrike "a" and before "LEC" delete "an"

Page 2039, in 20VAC5-425-45:

Subsection A, lines 1 and 4, before "LEC" replace "An" with "A"

Subsection B, line 1, before "LEC" replace "an" with "a"

Subsection C, line 1, before "LEC" replace "An" with "A" and line 5, before "LEC" replace "an" with "a"

VA.R. Doc. No. R18-5466; Filed May 15, 2018.