GENERAL NOTICES
Vol. 35 Iss. 4 - October 15, 2018

BOARD OF ACCOUNTANCY

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Accountancy is conducting a periodic review and small business impact review of 18VAC5-22, Board of Accountancy Regulations. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 October 15, 2018, and ends November 5, 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 Rebekah E. Allen, Information and Policy Advisor, Board of Accountancy, 9960 Mayland Drive, Suite 402, Richmond, VA 23233, telephone (804) 367-2006, FAX (804) 527-4207, or email rebekah.allen@boa.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.

BOARD OF AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Audiology and Speech-Language Pathology is conducting a periodic review and small business impact review of 18VAC30-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 October 15, 2018, and ends November 14, 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 Elaine Yeatts, Agency Regulatory Coordinator, 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.

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.

BOARD OF COUNSELING

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Counseling is conducting a periodic review and small business impact review of 18VAC115-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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 October 15, 2018, and ends November 14, 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 Elaine Yeatts, Agency Regulatory Coordinator, 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.

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.

BOARD OF DENTISTRY

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Dentistry is conducting a periodic review and small business impact review of 18VAC60-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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 October 15, 2018, and ends November 14, 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 Elaine Yeatts, Agency Regulatory Coordinator, 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.

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

Bedford Solar Center LLC Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule - City of Chesapeake

Bedford Solar Center LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a renewable energy project (solar) in the City of Chesapeake pursuant to 9VAC15-60. Sited on approximately 475 acres, the project is located in the City of Chesapeake adjacent to Blue Ridge Road near the Naval Auxiliary Landing Field Fentress. The project will have a maximum capacity of 70 megawatts alternating current and, depending on final design, consist of approximately 244,570 solar photovoltaic modules installed on single-axis tracking racking structures and inverters installed on approximately 28 separate concrete pads.

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, or email mary.major@deq.virginia.gov.

Depot Solar Center LLC Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule - Campbell County

Depot Solar Center LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a renewable energy project (solar) in Campbell County pursuant to 9VAC15-60. Sited on approximately 150 acres, the project is located in Campbell County adjacent to Depot Road. The project will have a maximum capacity of 15 megawatts alternating current and, depending on final design, consist of approximately 61,490 solar photovoltaic modules installed on single-axis tracking racking structures and inverters installed on approximately six separate concrete pads.

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, or email mary.major@deq.virginia.gov.

Dragonfly Solar LLC Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule - Campbell County

Dragonfly 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) in Campbell County pursuant to 9VAC15-60. Dragonfly Solar is proposed as an 80 megawatts alternating current solar photovoltaic generating facility, consisting of approximately 315,000 solar panels. The project is located on approximately 1,200 acres of privately-owned land in southwestern Campbell County, north of Bedford Highway, south of Bishop Creek Road, and east of Leesville Road. Approximate coordinates are 37°08'43"N, 79°21'13"W. Dragonfly Solar is committed to responsibly developing the facility and complying with local, state, and federal permit requirements to ensure the project is a long-term benefit to both Campbell County and the Commonwealth of Virginia.

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, 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 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Funeral Directors and Embalmers is conducting a periodic review and small business impact review of 18VAC65-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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 October 15, 2018, and ends November 14, 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 Elaine Yeatts, Agency Regulatory Coordinator, 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.

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.

BOARD OF HEALTH PROFESSIONS

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Health Professions is conducting a periodic review and small business impact review of 18VAC75-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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 October 15, 2018, and ends November 14, 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 Elaine Yeatts, Agency Regulatory Coordinator, 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.

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 HEALTH PROFESSIONS

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Health Professions is conducting a periodic review and small business impact review of 18VAC76-31, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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 October 15, 2018, and ends November 14, 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 Elaine Yeatts, Agency Regulatory Coordinator, 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.

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.

BOARD OF LONG-TERM CARE ADMINISTRATORS

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Long-Term Care Administrators is conducting a periodic review and small business impact review of 18VAC95-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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 October 15, 2018, and ends November 14, 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 Elaine Yeatts, Agency Regulatory Coordinator, 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.

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

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on September 26, 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 One Hundred Thirty-Two (18)

Virginia Lottery "30th Birthday Promotional Scratcher Giveaway Promotion" (effective September 1, 2018)

Director's Order Number One Hundred Thirty-Four (18)

Virginia Lottery's Scratch Game 1902 "Win A Spin" Final Rules for Game Operation (this Director's Order is effective nunc pro tunc to September 4, 2018, fully replaces any and all prior "Win a Spin" Scratch Game rules, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Thirty-Five (18)

Virginia Lottery's Scratch Game 1945 "We're Game for Education" Final Rules for Game Operation (this Director's Order becomes effective nunc pro tunc to August 21, 2018, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Medical Assistance Services is conducting a periodic review and small business impact review of 12VAC30-135, Demonstration Services Waiver. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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 October 15, 2018, and ends November 5, 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 Emily McClellan, Regulatory Manager, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-4981, or email emily.mcclellan@dmas.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.

Draft CCC Plus Waiver Manual

The draft chapters (Chapters 2, 4, 5, and 6) of the Provider Manual are posted on the DMAS website at http://www.dmas.virginia.gov/#/manualdraft.

The CCC Plus Waiver Provider Manual will be finalized and officially posted by October 24, 2018, at https://www.virginiamedicaid.dmas.virginia.gov/wps/portal/ProviderManual.

The Elderly or Disabled with Consumer Directed Services (EDCD) and the Technology Assisted (TECH) Waiver and Private Duty Nursing Services Provider Manuals are now obsolete. These two former waivers are now combined into the CCC Plus Waiver and into the new CCC Plus Waiver Provider Manual.

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.

Virginia Creating Opportunities for Medicaid Participants to Achieve Self-Sufficiency (COMPASS)

On June 7, 2018, Governor Northam signed Chapter 2 of the 2018 Acts of Assembly (2018 Appropriations Act) directing the Department of Medical Assistance Services (DMAS) to submit a Medicaid § 1115 Demonstration Waiver seeking federal approval for new Medicaid program features "designed to empower individuals to improve their health and well-being and gain employer sponsored coverage or other commercial health insurance coverage, while simultaneously ensuring the program's long-term fiscal sustainability."

Pursuant to 42 CFR 431.408, DMAS is providing notice of intent to submit to the federal Centers for Medicare and Medicaid Services a request to extend for five years the Medicaid § 1115 Demonstration Waiver, the Virginia Governor's Access Plan (GAP) and Addiction and Recovery Treatment Services (ARTS) Delivery System Transformation.

Virginia's current demonstration waiver, which expires on December 31, 2019, includes the GAP program, the ARTS demonstration, and Medicaid coverage authority to former foster care youth who have aged out of foster care in another state but now reside in Virginia. Because the Commonwealth is in the process of expanding Medicaid on January 1, 2019, to nondisabled, nonpregnant adults ages 19 to 64 with income up to 138% of the federal poverty level (FPL), the GAP program is being phased out, and GAP enrollees will be transitioned to the new adult Medicaid eligibility group.

Through the five-year extension, which will be called the Virginia Creating Opportunities for Medicaid Participants to Achieve Self Sufficiency (COMPASS) Waiver, the Commonwealth will continue to provide essential substance use disorder services to all Medicaid enrollees through ARTS and maintain authority for Medicaid coverage for former foster care youth. In addition, as directed by state legislation, the Commonwealth will (i) implement a work and community engagement program in which participation is a condition of Medicaid eligibility for certain adults with income up to 138% of the FPL; (ii) implement premiums and copayments for nonemergency use of the emergency department and incentivize healthy behaviors through health and wellness accounts for certain adults with income between 100% and 138% of the FPL; and (iii) create a new housing and employment supports benefit for high-need populations.

The DMAS website includes a detailed public notice with more information about the extension request as well as the draft waiver application at www.dmas.virginia.gov/#/1115waiver. Public comments may be submitted until midnight (Eastern Time) on Saturday, October 20, 2018, by email at 1115Implementation@dmas.virginia.gov, by regular mail to Virginia Department of Medical Assistance Services, Attn: Virginia COMPASS, 600 East Broad Street, Richmond, VA 23219, or in person at the public hearings listed below and at Virginia Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219.

DMAS will host four public hearings during the public notice and comment period at the following times and locations:

Tuesday, September 25, 2018, 10 a.m. - 12 p.m. - Medical Assistance Services Board (DMAS Board) Meeting, 600 East Broad Street, Richmond, VA 23219. If unable to attend in-person, you may:

·         Participate online by clicking the link below from a PC, Mac, iPhone, or Android device at https://webinar.ringcentral.com/j/1495928570

·         Join by phone at (646) 357 3664 or Webinar ID 149 592 8570

·         For a toll free audio-only option, dial (866) 842-5779 and when prompted, enter 3284486931

Wednesday, October 3, 2018, 3:30 p.m. - 5 p.m. - Roanoke Elks Lodge No. 197, 1147 Persinger Road, Southwest, Roanoke, VA 24015

Tuesday, October 9, 2018, 3:30 p.m. - 5 p.m. - Great Falls Library, 9830 Georgetown Pike, Great Falls, VA 22066

Thursday, October 11, 1:30 p.m. - 3 p.m. - MEO Central Library, 4100 Virginia Beach Boulevard, Virginia Beach, VA 23452

Contact Information: Susan Puglisi, Senior Advisor, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, telephone (804) 225-2726, or email susie.puglisi@dmas.virginia.gov.

BOARD OF MEDICINE

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Medicine is conducting a periodic review and small business impact review of 18VAC85-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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 October 15, 2018, and ends November 14, 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 Elaine Yeatts, Agency Regulatory Coordinator, 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.

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.

BOARD OF NURSING

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Nursing is conducting a periodic review and small business impact review of 18VAC90-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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 October 15, 2018, and ends November 14, 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 Elaine Yeatts, Agency Regulatory Coordinator, 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.

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.

BOARD OF OPTOMETRY

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Optometry is conducting a periodic review and small business impact review of 18VAC105-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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 October 15, 2018, and ends November 14, 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 Elaine Yeatts, Agency Regulatory Coordinator, 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.

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.

BOARD OF PHARMACY

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Pharmacy is conducting a periodic review and small business impact review of 18VAC110-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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 October 15, 2018, and ends November 14, 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 Elaine Yeatts, Agency Regulatory Coordinator, 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.

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.

BOARD OF PHYSICAL THERAPY

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Physical Therapy is conducting a periodic review and small business impact review of 18VAC112-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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 October 15, 2018, and ends November 14, 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 Elaine Yeatts, Agency Regulatory Coordinator, 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.

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.

BOARD OF PSYCHOLOGY

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Psychology is conducting a periodic review and small business impact review of 18VAC125-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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 October 15, 2018, and ends November 14, 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 Elaine Yeatts, Agency Regulatory Coordinator, 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.

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 SOCIAL SERVICES

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services is conducting a periodic review and small business impact review of 22VAC40-35, Virginia Independence Program. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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 October 15, 2018, and ends November 5, 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 Mark Golden, TANF Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7385, FAX (804) 726-7184, or email mark.golden@dss.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 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services is conducting a periodic review and small business impact review of 22VAC40-400, Funding Limitation for the Refugee Resettlement Program. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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 October 15, 2018, and ends November 5, 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 Penny Boyd, Refugee Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7933, FAX (804) 726-7088, or email penny.boyd@dss.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.

BOARD OF SOCIAL WORK

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Social Work is conducting a periodic review and small business impact review of 18VAC140-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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 October 15, 2018, and ends November 14, 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 Elaine Yeatts, Agency Regulatory Coordinator, 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.

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.

BOARD OF VETERINARY MEDICINE

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Veterinary Medicine is conducting a periodic review and small business impact review of 18VAC150-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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 October 15, 2018, and ends November 14, 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 Elaine Yeatts, Agency Regulatory Coordinator, 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.

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 WATER CONTROL BOARD

Proposed Enforcement Action for HBKC II LLC

An enforcement action has been proposed for HBKC II LLC for violations of the State Water Control Law at the Matthews Property in Suffolk, 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 October 15, 2018, to November 14, 2018.

Proposed Enforcement Action for Richmond Cold Storage LLC dba Lineage Logistics

An enforcement action has been proposed for Richmond Cold Storage LLC dba Lineage Logistics for violations of the Ground Water Management Act. A description of the proposed actions is available online at www.deq.virginia.gov/Programs/Enforcement/PublicNotices.aspx. 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 October 15, 2018, through November 14, 2018.

Proposed Consent Special Order for Wells Realty and Insurance Co.

An enforcement action has been proposed for Wells Realty and Insurance Co. (Wells) for alleged violations resulting from a spill at 12442 Richmond Street, Chester, VA 23831. The State Water Control Board proposes to issue a consent special order to Wells to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Jeff Reynolds will accept comments by email at jefferson.reynolds@deq.virginia.gov, or by mail at Virginia Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, from October 15, 2018, to November 14, 2018.

Public Meeting for Total Maximum Daily Loads for the Russell Fork River, Hurricane Creek, and Indian Creek Watersheds

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of total maximum daily loads (TMDLs) for the Russell Fork River, Hurricane Creek, and Indian Creek Watersheds. These streams are listed on the 2016 § 303(d) TMDL Priority List and Report as impaired due to exceedances of the state's water quality standards for bacteria in Buchanan and Dickenson Counties in Virginia. In addition, Indian Creek, Sullivan Branch, and Fryingpan Creek are listed as impaired for failure to support the aquatic life use and are also located in Buchanan and Dickenson Counties in Virginia.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the State Water Control Law requires DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) Priority List and Report.

The impaired segments include: 7.05 miles, including the Russell Fork mainstem from Hollow Poplar Creek downstream, following the Buchanan and Dickenson County line, to the confluence of Pawpaw Creek near Cannady; 9.30 miles of the Russell Fork headwaters, on Big A Mountain, downstream through Davenport to the confluence of Hollow Poplar Creek; 4.35 miles, including the upper mainstem from the confluence of Pawpaw Creek downstream to the Fryingpan Creek confluence; 3.83 miles, including the mainstem from the Pound River confluence near Bartlick upstream through Splashdam to the McClure River confluence; 2.25 miles from the Kentucky state line upstream 2.2 miles to protect Elkhorn City, Kentucky raw water intake; 0.86 miles of Hurricane Creek from the confluence of Carver Branch downstream to the confluence with the Russell Fork in Davenport; 2.7 miles of Indian Creek, a Russell Fork tributary, from the Cane Creek confluence at Duty downstream to the Russell Fork confluence at the Buchanan and Dickenson County line; 1.63 miles of Sullivan Branch, an Indian Creek tributary, from its headwaters on Long Ridge, north of Duty, and 9.70 miles of Fryingpan Creek from the headwaters on Sandy Ridge near Carrie downstream to the Priest Fork confluence, near Sportsman Lake.

The first public meeting on the development of the TMDL to address the bacteria and aquatic life impairments for these segments will be held on October 18, 2018, from 6 p.m. to 8 p.m. at the Haysi Town Hall, 322 Main Street, Haysi, VA 24256.

The public comment period will begin October 18, 2018, and end November 19, 2018. An advisory committee to assist in development of this TMDL will be established. Persons interested in assisting should notify the DEQ contact person by the end of the comment period and provide their name, address, phone number, email address, and the organization representing (if any).  Notification of the composition of the panel will be sent to all applicants.

A component of a TMDL is the wasteload allocations (WLAs); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Administrative Process Act for any future adoption of the TMDLs associated WLAs. Information on the development of the TMDLs for these impairments is available upon request. Questions, information requests, and all written comments should be addressed to Martha Chapman, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, telephone (276) 676-4800, or email martha.chapman@deq.virginia.gov.

Public Meeting for Total Maximum Daily Load Implementation Plan for Woods Creek

Purpose of notice: The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of a total maximum daily load (TMDL) implementation plan for the Woods Creek watershed in Rockbridge County and the City of Lexington, Virginia.

A public meeting will be held on October 24, 2018, at 6 p.m. (student research showcase starting at 5:30 p.m.) at Waddell Elementary School, 100 Pendleton Place, Lexington, VA 24450.

Meeting description: DEQ and its contractor, Virginia Tech's Biological Systems Engineering Department, will discuss the process that will be used to complete a water quality improvement plan, known as a TMDL implementation plan, for Woods Creek and its tributaries. Prior to the meeting, students from Lexington schools will showcase their recent studies of Woods Creek water quality. This is an opportunity for local residents to learn about the condition of the creek, share information about the area, and become involved in the process of local water quality improvement. Volunteers will be solicited to assist with TMDL implementation plan development by serving on working groups. A public comment period will follow the meeting. The public comment period begins October 25, 2018, and ends November 30, 2018.

In case of inclement weather, the meeting will be held at the same time and location on October 30, 2018.

Description of study: A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. 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. Woods Creek was listed on the § 303(d) TMDL Priority List and Report as impaired due to violations of Virginia's water quality standards for bacteria for recreational use. DEQ completed the bacteria TMDL study for Woods Creek in 2017. The Woods Creek TMDL was approved by the Environmental Protection Agency (EPA) in February 2018. Section 62.1-44.19:7 C of the Code of Virginia requires expeditious implementation of TMDLs when appropriate. To restore water quality, bacteria levels need to be reduced to the amount established in the TMDL. The TMDL implementation plan should provide measurable goals and the date of expected achievement of water quality objectives. The TMDL implementation plan should also include the corrective actions needed and their associated costs, benefits, and environmental impacts. DEQ will collaborate with local stakeholders to develop a TMDL implementation plan that meets these criteria.

How to comment and participate: All meetings in support of TMDL implementation plan development are open to the public and all interested parties are welcome. Written comments will be accepted through November 30, 2018, and should include the name, address, and telephone number of the person submitting the comments. For more information, or to submit written comments, please contact Sara Bottenfield, Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7872, FAX (540) 574-7878, or email sara.bottenfield@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

MARINE RESOURCES COMMISSION

Title of Regulation: 4VAC20-510. Pertaining to Amberjack and Cobia.

Publication: 35:2 VA.R. 166 September 17, 2018

Correction to Emergency Regulation:

Page 166, 4VAC20-510-25 B, at the end of line 2, change "October 1" to "September 30"

VA.R. Doc. No. R19-5651; Filed September 27, 2018

STATE WATER CONTROL BOARD

Title of Regulation: 9VAC25-31. Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation.

Publication: 33:22 VA.R. 2431-2492 June 26, 2017

Correction to Final Regulation:

Page 2432, 9VAC25-31-110 E line 8, after "Subpart D)" insert "are met for that submission"

VA.R. Doc. No. R17-4807; Filed September 14, 2018