GENERAL NOTICES/ERRATA
Vol. 34 Iss. 22 - June 25, 2018

STATE AIR POLLUTION CONTROL BOARD

Notice of Periodic Review and Small Business Impact Review of Portions of
9VAC5-80, Permits for Stationary Sources

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 State Air Pollution Control Board is conducting a periodic review and small business impact review of portions of 9VAC5-80, Permits for 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The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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:

9VAC5-80, Permits for Stationary Sources:

Part I, Permit Actions before the Board

Part II, Permit Procedures:

Article 4, Insignificant Activities

Article 5, State Operating Permits

Article 6, Permits for New and Modified Stationary Sources

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 June 25, 2018, and ends July 16, 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.

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 State Air Pollution Control Board is conducting a periodic review and small business impact review of 9VAC5-220, Variance for Rocket Motor Test Operations at Atlantic Research Corporation Orange County Facility. 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 June 25, 2018, and ends July 16, 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, Virginia 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.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Air Pollution Control Board conducted a small business impact review of 9VAC5-40, Existing Stationary Sources, and determined that this regulation should be retained in its current form. The State Air Pollution Control Board is publishing its report of findings dated May 25, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation continues to be needed. It provides sources with the most cost-effective means of fulfilling ongoing state and federal requirements that protect air quality. No comments were received that indicate a need to repeal or revise the regulation. The regulation's level of complexity is appropriate to ensure that the regulated entities are able to meet their legal mandates as efficiently and cost-effectively as possible. This regulation does not overlap, duplicate, or conflict with any state law or other state regulation.

Specific articles were last reviewed as follows:

In 2011: Part I, Special Provisions, and Part II, Articles 1, 2, 4 through 27, 29 through 33, 35, 36, 47, 48, 52, and 54.

In 2012: Part II, Article 55.

In 2013: Part II, Article 28.

Over time, it generally becomes less expensive to characterize, measure, and mitigate the regulated pollutants that contribute to poor air quality. This regulation continues to provide the most efficient and cost-effective means to determine the level and impact of excess emissions and to control those excess emissions.

The department, through examination of the regulation and relevant public comments, has determined that the regulatory requirements currently minimize the economic impact of emission control regulations on small businesses and thereby minimize the impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth.

Contact Information: 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.

STATE CORPORATION COMMISSION
Bureau of Insurance

May 29, 2018

Administrative Letter 2018-02

To: All Companies Licensed under Chapters 10, 11, 12, 40, 41, 42, 43, 45 or 61 of Title 38.2 of the Code of Virginia

Re: Virginia Life, Accident and Sickness Insurance Guaranty Association Notice of Protection Provided by the Virginia Life, Accident and Sickness Insurance Guaranty Association

This Administrative Letter withdraws and replaces Administrative Letter 2014-05.

The purpose of this Administrative Letter is to inform health maintenance organizations, life, accident and sickness companies (insurers), subject to Chapter 17 of Title 38.2 of the Code of Virginia, of the updated disclaimer required to be attached to policies in order to comply with the provisions of Chapter 706 enacted by the Virginia General Assembly during its 2018 legislative session.

Chapter 706, which will become effective July 1, 2018, amends and re-enacts § 38.2-1016.1 (Organization, Admission and Licensing of Insurers), §§ 38.2-1700 through 38.2-1710, 38.2-1714 and 38.2-1715 (Virginia Life, Accident and Sickness Insurance Guaranty Association), §§ 38.2-4302, 38.2-4310 and 38.2-4319 (Health Maintenance Organizations), §§ 38.2-5506, 38.2-5509 and 38.2-5510 (Risk-Based Capital Act), and § 55-532 (Disposition of Assets by Nonprofit Health Care Entities), and repeals §§ 38.2-4317 and 38.2-4317.1 (Health Maintenance Organizations) updating and expanding the scope of the Guaranty Association to include health maintenance organizations. Pursuant to amendments in § 38.2-1715, the Guaranty Association is required to prepare and submit to the Commission for approval, a summary document describing the general purposes and limitations of Chapter 17, which includes a disclaimer that discusses limitations, exclusions, and the types of policies that are covered by the Guaranty Association.

The summary document entitled Notice of Protection Provided by the Virginia Life, Accident and Sickness Insurance Guaranty Association (Notice), was initially approved effective November 1, 2010, and updated effective January 1, 2015. This Notice has been revised to include health maintenance organizations as covered under the Virginia Life, Accident and Sickness Insurance Guaranty Association. Beginning July 1, 2018, insurers are required to attach this revised Notice to policies or contracts delivered to policy or contract owners. Insurers are required to attach this Notice to policies or contracts delivered to Virginia policy or contract owners only. Insurers are required to retain evidence of compliance with this Notice requirement so long as the policy or contract remains in effect.

Questions regarding this letter may be directed to Elsie Andy, Manager, Forms and Rates Section, Life and Health Division, Bureau of Insurance, State Corporation Commission, P.O. Box 1157, Richmond, Virginia 23218, 804-371-9072, or email elsie.andy@scc.virginia.gov.

/s/ Scott A. White
Commissioner of Insurance

NOTICE OF PROTECTION PROVIDED BY VIRGINIA LIFE, ACCIDENT AND SICKNESS INSURANCE GUARANTY ASSOCIATION

This notice provides a brief summary of the Virginia Life, Accident and Sickness Insurance Guaranty Association ("the Association") and the protection it provides for policyholders. This safety net was created under Virginia law, which determines who and what is covered and the amounts of coverage.

The Association was established to provide protection in the unlikely event that a life, annuity or accident and sickness insurance company (including a health maintenance organization) licensed in the Commonwealth of Virginia becomes financially unable to meet its obligations and is taken over by its Insurance Department. If this should happen, the Association will typically arrange to continue coverage and pay claims, in accordance with Virginia law, with funding from assessments paid by other life and health insurance companies licensed in the Commonwealth of Virginia.

The basic protections provided by the Association are:

Life Insurance

$300,000 in death benefits

$100,000 in cash surrender and withdrawal values

Health Insurance

$500,000 for health benefit plans

$300,000 in disability income insurance benefits

$300,000 in long-term care insurance benefits

$100,000 in other types of accident and sickness insurance benefits

Annuities

$250,000 in withdrawal and cash values

The maximum amount of protection for each individual, regardless of the number of policies or contracts, is $350,000, except for health benefit plans, for which the limit is increased to $500,000.

Note: Certain policies and contracts may not be covered or fully covered. For example, coverage does not extend to any portion(s) of a policy or contract that the insurer does not guarantee, such as certain investment additions to the account value of a variable life insurance policy or a variable annuity contract. There are also various residency requirements and other limitations under Virginia law.

To learn more about the above protections, please visit the Association's website at www.valifega.org or contact: 

VIRGINIA LIFE, ACCIDENT AND SICKNESS INSURANCE GUARANTY ASSOCIATION
c/o APM Management Services, Inc.
1503 Santa Rosa Road, Suite 101
Henrico, VA 23229-5105
804-282-2240

STATE CORPORATION COMMISSION
Bureau of Insurance
P. O. Box 1157
Richmond, VA 23218-1157
804-371-9741
Toll Free Virginia only: 1-800-552-7945
http://scc.virginia.gov/boi/index.aspx

Insurance companies and agents are not allowed by Virginia law to use the existence of the Association or its coverage to encourage you to purchase any form of insurance. When selecting an insurance company, you should not rely on Association coverage. If there is any inconsistency between this notice and Virginia law, then Virginia law will control.

May 31, 2018

Administrative Letter 2018-03

To: All Companies Licensed to Write Life Insurance in Virginia

Re: Withdrawal of Administrative Letter 1990-17
Foreign and Alien Life Insurer's Reserve Valuation Certificate Requirements

This letter serves as notice that Administrative Letter 1990-17 is hereby withdrawn.

Administrative Letter 1990-17 requires foreign and alien insurers to submit to the Commission a "Life Reserve Valuation Certificate" pursuant to § 38.2-3127 B. In 2014 Virginia's Reserve statute (§ 38.2-3126 et seq.), which includes § 38.2-3127, was repealed and replaced with a new Article 10 in Chapter 13 entitled Standard Valuation (§ 38.2-1365 et seq.). Virginia's new Standard Valuation law does not require that a specific "Life Reserve Valuation Certificate" be filed with the Commission. Administrative Letter 1990- 17 is therefore withdrawn.

Questions regarding this letter may be directed to Stephen A. Thomas, Manager, Non-Domestic Section, Financial Regulation Division, Bureau of Insurance, State Corporation Commission, P.O. Box 1157, Richmond, Virginia 23218, telephone 804-371-9161, or email stephen.thomas@scc.virginia.gov.

June 4, 2018

Administrative Letter 2018-04

To: All Health Carriers Licensed in Virginia in the Individual and Small Group Markets and All Interested Parties

Re: Implementation and Enforcement of Senate Bill 672
 § 38.2-3406.1 and 38.2-3431 of the Code of Virginia, as Amended

The purpose of this Administrative Letter is to provide guidance to health carriers regarding the implementation and enforcement of the above-referenced statutes that were amended and reenacted by the 2018 Virginia General Assembly, and that will take effect on July 1, 2018.

The current law requires that a "small employer" employ at least one employee but no more than 50 employees on the first day of the plan year and on business days during the preceding calendar year.

The new law broadens the definition of "small employer" in §§ 38.2-3406.1 and 38.2-3431 of the Code of Virginia ("Code") to include a "self-employed individual,"1 and to allow a sole shareholder of a corporation or a sole member of a limited liability company ("LLC"), or an immediate family member of such sole shareholder or sole member, to count as an employee of the corporation or LLC, provided that the individual has performed a service for remuneration under a contract of hire.

The Bureau of Insurance ("Bureau") has received several questions regarding the potential conflict between the provisions of SB 672 and the manner in which federal laws, rules and guidance define a small employer who is eligible to purchase health insurance coverage in the small group market. While the inclusion of sole proprietors in the definition of "small employer" does conflict with the definitions of "small employer" as administered by the Department of Health and Human Services, the Department of Labor, and the Internal Revenue Service, § 1321(d) of the Patient Protection and Affordable Care Act ("ACA") specifically provides that federal law shall not be construed to preempt any state law that does not "prevent the application" of the ACA. This provision grants states the flexibility to enact laws and regulations that broaden the protections in the ACA, but that do not inhibit them. SB 672 does not prevent the application of the ACA in the sense that it broadens the definition of "small employer," and does not limit it further than contemplated by the ACA.

In contrast, had SB 672 required that a small employer consist of at least two employees in addition to the employer, it would have prevented employers with just one employee from purchasing coverage in the small group market as permitted by the ACA, and would have clearly been preempted by federal law. Given the fact that SB 672 does not restrict application of the ACA, we find no federal preemption issue.

Additionally, Virginia is not the only state that has enacted a law that requires health carriers to treat a sole proprietor as a small employer group. Other states require carriers to comply with state laws similar to Virginia's, and carriers in those states have managed to do so while also complying with federal rules pertaining to medical loss ratio ("MLR") and risk adjustment. In addition to these general questions regarding the feasibility and legality of enforcing SB 672, the Bureau has received several specific questions regarding its implementation. These questions, and the Bureau's responses to such questions are as follows:

1. Would the Bureau consider limiting these signups to January 1, 2019 so as to allow those enrolled in an individual plan to finish their coverage year? No. As stated above, these statutory changes take effect on July 1, 2018. Pursuant to §§ 38.2-3432.2, 38.2-3448, and 38.2-508 (2) of the Code, the Bureau is not permitted to create an enrollment period for sole proprietors that is separate and distinct from the enrollment period that is created for all small employers. To do so would be unfairly discriminatory.

2. Would the Bureau consider limiting the small group signups for these sole proprietors to once a year, ala an enrollment period similar to the individual market? No. We understand that health carriers may want a limited enrollment period to prevent adverse selection. However, as described above, Virginia law does not allow the Bureau to provide a limited open enrollment period for a portion of the small group market but not the entire small group market. A carrier should administer enrollment of these sole proprietors and apply reinstatement provisions in the same manner as with other small groups. For example:

• Open enrollment will occur only once per year and will be set by the employer;

• The employer will offer an initial enrollment period during the year to any new subscribers or dependents only when first eligible;

• Coverage for new subscribers or dependents who join the group during the year (not the initial enrolling sole proprietor) may be subject to a waiting period not to exceed 90 days; and

• Subscribers or dependents who did not enroll when first eligible may only enroll at the next open enrollment period, unless they qualify for a special enrollment based on a qualifying event.

The carrier may require any of the above information to be included in application materials as may be done currently for small groups.

3. Does the Bureau envision a change in MLR calculations to account for the sole proprietors added to the small group risk pool? No. Sole proprietors that join the small group risk pool will be part of the individual risk pool for purposes of the federal MLR calculations. The changes to §§ 38.2-3406.1 and 38.2-3431 of the Code do not alter the federal definitions related to MLR calculations. However, for the purposes of filing rates in Virginia, the experience of sole proprietors should be included in the small group risk pool if a small group plan was issued.

4. How does the Bureau plan on calculating risk adjustment under the new rule? We assume that the question is whether sole proprietors will be included in the small group risk pool for purposes of risk adjustment. Again, this is a federal calculation and therefore, this adjustment is based on the federal rules related to risk adjustment.

5. Does the bill violate guaranteed availability statutes at either the state or federal level? No. This new law will require a carrier that offers any health plan in the small group market to offer that plan to a sole proprietor, pursuant to § 38.2-3448 of the Code. Likewise, any carrier that offers coverage in the individual market must offer coverage to a sole proprietor as an eligible individual. The only exception is for the Federally-facilitated Small Business Health Options Program ("FF-SHOP"). Federal rules do not permit a sole proprietor to obtain coverage through the FF-SHOP.

6. Would plans be allowed to request a sole proprietor's W-2 for the purposes of employment verification? A W-2 cannot be required for a sole proprietor since the more relevant documentation is the tax documentation cited in the definition of "self-employed individual" in § 38.2-3431 of the Code.2

7. If the Bureau directs plans to allow immediate enrollment on July 1st, will plans be permitted to update their rates in both the individual and small group markets? No, not for July 1, 2018. Pursuant to 45 CFR § 156.80(d)(4)(i) and (ii), a carrier may not establish the index rate and make market-wide adjustments more frequently than annually, except for the small group market rates, which may be adjusted quarterly. Thus, while federal law prohibits a carrier from adjusting rates in the individual market for 2018, an adjustment can be filed for the small group rates effective October 1, 2018. The timeframe to adjust small group rates for July 1, 2018, has passed. A rate revision may also be filed for the 2019 individual and small group market rates, as applicable, based on valid actuarially-sound assumptions.

8. Does the bill permit plans to enroll joint owners of a "mom-and-pop" business in small group coverage? No. If they are both owners of the corporation or both partners in an LLC, there is no sole shareholder or sole member, and thus, no employees under the new law. If, however, either of the owners is the sole shareholder of the corporation or sole member of the LLC, then that owner and an immediate family member of that owner would qualify as employees and coverage could be obtained in the small group market.

Given the short timeframe for carriers to implement these changes, it will not be necessary for carriers to refile forms and coverage documents for the 2018 plan year to include the new small employer definition. However, forms filed for the 2019 plan year must not conflict with the new definition for small group coverage outside of the FF-SHOP. If a carrier determines that forms for the 2018 plan year will need to be revised for purposes of managing enrollment as described in #2 above, the carrier should contact the Bureau immediately to discuss any necessary changes and the best method for accomplishing such changes.

/s/ Scott A. White
Commissioner of Insurance

1The new law defines "self-employed individual" to mean, "An individual who derives a substantial portion of his income from a trade or business (i) operated by the individual as a sole proprietor, (ii) through which the individual has attempted to earn taxable income, and (iii) for which he has filed the appropriate Internal Revenue Service Form 1040, Schedule C or F, for the previous taxable year." For purposes of this Administrative Letter, the term "sole proprietor" will be used to describe all individuals that qualify as a small employer pursuant to Senate Bill 672.

2The Bureau acknowledges that the new law does not require equivalent documentation for a sole shareholder of a corporation or a sole member of an LLC, but the Bureau will permit carriers to require appropriate tax documentation from the previous calendar year for such a sole shareholder or sole member as well as the immediate family member of such sole shareholder or sole member.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Notice of Public Comment Periods Extended

The Department of Environmental Quality (DEQ)'s website was offline from May 22, 2018, until June 2, 2018. Due to the extended period of time that notices and documents for review were not available through the website, comment periods are being extended for matters subject to a public comment opportunity during the down time. Additional information is available on the DEQ website at http://www.deq.virginia.gov/ and on the Virginia Regulatory Town Hall for DEQ at http://townhall.virginia.gov//l/ViewNotice.cfm?GNID=840, for the State Air Pollution Control Board at http://TownHall.virginia.gov//l/ViewNotice.cfm?GNID=839, for the State Water Control Board at http://TownHall.virginia.gov//l/ViewNotice.cfm?GNID=841, and for the Virginia Waste Management Board at http://TownHall.virginia.gov//l/ViewNotice.cfm?GNID=842.

Persons with questions on the closing date of a particular matter should contact the staff person listed in the original notice.

We are sorry for any inconvenience and appreciate the public's patience. For assistance, please email deqpublicinfo@deq.virginia.gov.

Contact Information: Department of Environmental Quality Public Information, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4000, or email deqpublicinfo@deq.virginia.gov.

Sol Leatherwood Solar LLC Notice of Intent for Small Solar Renewable Energy Project (Solar) Permit by Rule - Axton, Henry County

Sol Leatherwood Solar LLC has notified the Department of Environmental Quality of its intent to submit the necessary documentation for a permit by rule for a small solar renewable energy project in Axton, in Henry County, pursuant to 9VAC15-60. Sol Leatherwood Solar is developing this 26-megawatt direct current/20-megawatt alternating current solar farm in Axton east of Mountain Valley Road, north of Jones Road. The system will be a ground-mounted array.

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) 698-4510, or email mary.major@deq.virginia.gov.

SolUnesco LLC Withdrawal of Notice of Intent for Small Solar Renewable Energy Project (Solar) Permit by Rule - Axton, Henry County

SolUnesco LLC has withdrawn its Notice of Intent to submit the necessary documentation for a permit by rule for a small renewable energy (solar) project to be located in Axton in Henry County. The Notice of Intent was published in the Virginia Register of Regulations on November 14, 2016.

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) 698-4510, 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 January 30, 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 Fifty-Five (2018)

Virginia Lottery's Scratch Game 1894 "10x the Money" Final Rules for Game Operation (effective May 31, 2018)

Director's Order Number Fifty-Six (2018)

Virginia Lottery's Scratch Game 1888 "$30,000 Cash Party" Final Rules for Game Operation (effective May 31, 2018)

Director's Order Number Fifty-Seven (2018)

Virginia Lottery's Scratch Game 1895 "100x the Money" Final Rules for Game Operation (effective May 31, 2018)

Director's Order Number Fifty-Eight (2018)

Virginia Lottery's Scratch Game 1912 "Win Either $50 or $100" Final Rules for Game Operation (effective May 31, 2018)

Director's Order Number Fifty-Nine (2018)

Virginia Lottery's Scratch Game 1914 "Find the 9's" Final Rules for Game Operation (effective May 31, 2018)

Director's Order Number Sixty-Nine (2018)

Virginia Lottery's Scratch Game 1911 "Instant Jackpot" Final Rules for Game Operation (effective May 31, 2018)

Director's Order Number Seventy (2018)

Virginia Lottery's "Cooler and Cash" Promotion Final Rules to promote sales of the "Ford Expedition Plus $100K" Scratcher (effective June 5, 2018)

Director's Order Number Seventy-One (2018)

Virginia Lottery's Ford Expedition Plus $100K Promotion Final Rules for Operation (effective June 5, 2018)

Director's Order Number Seventy-Two (2018)

Certain Virginia Promotion; Participating Retailer Amendment.

In accordance with the authority granted by §§ 2.2-4002B (15) and 58.1-4006A of the Code of Virginia, I hereby give notice that the following Virginia Lottery Promotion: Mega Grocery Shopping Dash (47 2018) is amended as follows to remove the following retailers:

Giant Food (3061)

Giant Food #227 - 10100 Dumfries Road, Manassas

Giant Food #228 - 11200 Main Street, Fairfax

Giant Food #229 - 8074 Rolling Road, Springfield

Giant Food #231 - 2932 Chain Bridge Road, Oakton

Giant Food #232 - 5870 Kingstowne Blvd., Alexandria

Giant Food #237 - 25050 South Riding Plaza, Chantilly

Giant Food #242 - 5730 Edsall Road, Alexandria

Giant Food #243 - 317 Worth Avenue, Stafford

Giant Food #249 - 6980 Braddock Road, Annandale

Giant Food #250 - 635 Potomac Station Drive, Leesburg

Giant Food #251 - 1900 Abbey Road, Charlottesville

Giant Food #252 - 1000 E. Main Street, Purcellville

Giant Food #256 - 10346 Courthouse Road, Spotsylvania

Giant Food #257 - 7575 Linton Hall Road, Gainesville

Giant Food #261 - 3131 Duke Street, Alexandria

Giant Food #262 - 43330 Junction Plaza, Ashburn

Giant Food #740 - 5615 Stone Road, Centreville

Giant Food #741 - 5469 Mapledale Plaza, Dale City

Giant Food #743 - 3450 Washington Blvd., Arlington

Giant Food #744 - 5740 Union Mill Road, Clifton

Giant Food #745 - 13043 Lee Jackson Memorial Hwy., Fairfax

Giant Food #747 - 1450 North Point Village, Court Reston

Giant Food #748 - 2901-11 S. Glebe Road, Arlington

Giant Food #749 - 7137 Columbia Pike, Annandale

Giant Food #753 - 2551 John Milton Drive, Herndon

Giant Food #754 - 4309 Dale Blvd., Dale City

Giant Food #756 - 8320 Old Keene Mill Road, Springfield

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Notice of Intent to Amend the Virginia State Plan For Medical Assistance

Pursuant to 42 CFR 440.386, the Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to seek approval from the Centers for Medicare and Medicaid Services (CMS) of a state plan amendment to establish an Alternative Benefit Plan (ABP) authorized under § 1937 of the Social Security Act for individuals aged 19 to 64 who are eligible for Medicaid pursuant to § 1902(a)(10)(A)(i)(VIII) of the Social Security Act.

CMS requires that DMAS develop an ABP for the Medicaid expansion population. DMAS developed an ABP that meets all of the federal requirements for the amount, duration, and scope of benefits. The benefits under the approved ABP will be available to all individuals eligible pursuant to § 1902(a)(10)(A)(i)(VIII) of the Social Security Act and will be delivered through managed care organizations. Beneficiaries may also receive services through the Medicaid fee-for-service program on a transitional basis. The ABP coverage will include essential health benefits (ambulatory services, emergency services, hospitalization, maternity and newborn care, mental health and substance use disorder services, rehabilitation and habilitative services, prescription drugs, laboratory, preventive services, and pediatric services). Any service limits or cost sharing currently authorized under the approved Medicaid State Plan will apply to the ABP. The proposed ABP will include the full range of Early Periodic Screening, Diagnoses, and Treatment (EPSDT) Program benefits available under the Virginia State Plan for individuals under the age of 21.

DMAS is soliciting input from stakeholders, providers, and beneficiaries on the potential impact of the proposed state plan amendment to establish the ABP for individuals aged 19 to 64 who are eligible for Medicaid pursuant to § 1902(a)(10)(A)(i)(VIII) of the Social Security Act.

The state assures compliance with the provisions of § 5006(e) of the American Recovery and Reinvestment Act of 2009 related to Tribal populations. (There are no Indian Health Providers or Indian Health Services in the Commonwealth of Virginia.)

To request a copy of the ABP state plan amendment or a copy of this notice, contact Emily McClellan, Policy and Research Division, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, or email emily.mcclellan@dmas.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Enforcement Action for Certain Groundwater Withdrawal Users for Violations in Accomack and Northampton Counties

An enforcement action has been proposed for certain groundwater withdrawal users for violations of the Groundwater Management Act of 1992 that occurred in Accomack and Northampton Counties. A description of the proposed actions is available online at www.deq.virginia.gov. Lee Crowell will accept comments by email at lee.crowell@deq.virginia.gov or postal mail at Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23219, from June 25, 2018, through July 25, 2018.

Proposed Enforcement Action for Harbor Station Communities LLC Accomack and Northampton Counties

An enforcement action has been proposed for Harbor Station Communities LLC for violations of the State Water Control Law and regulations associated with the Potomac Shores development project in Dumfries, Virginia. The State Water Control Board proposes to issue a Consent Order to resolve violations associated with the Potomac Shores development project. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Stephanie Bellotti will accept comments by email at stephanie.bellotti@deq.virginia.gov, or postal mail at Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from June 26, 2018, through July 26, 2018.

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 1941, 13VAC5-63-470:

replace lines 3 through 8 with:

"C. D.103.2.1 103.2.2 ] Maintenance of nonrequired fire protection systems. Nonrequired fire protection systems shall be maintained to function as originally installed. If any such systems are to be reduced in function or discontinued, approval shall be obtained from the building official in accordance with Section 103.8.1 of the VCC."

subsection D, delete "D. 103.2.2" and insert "[ D. E. 103.2.3"

subsection E, delete "E." and insert "[ E. F. ]"

subsection F, delete "F." and insert "[ F. G. ]"

VA.R. Doc. No. R16-4664; Filed June 7, 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.