GENERAL NOTICES/ERRATA
Vol. 35 Iss. 6 - November 12, 2018

ALCOHOLIC BEVERAGE CONTROL AUTHORITY

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 Alcoholic Beverage Control Authority is conducting a periodic review and small business impact review of 3VAC5-20, Advertising. 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The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 November 12, 2018, and ends December 4, 2018.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to LaTonya D. Hucks-Watkins, Legal Liaison, Alcoholic Beverage Control Authority, 2901 Hermitage Road, Richmond, VA 23220, telephone (804) 213-4698, FAX (804) 213-4574, or email latonya.hucks@abc.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 (2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Alcoholic Beverage Control Authority is conducting a periodic review and small business impact review of each of the regulations listed below. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

3VAC5-10, Procedural Rules for the Conduct of Hearings before the Board and its Hearing Officers

3VAC5-30, Tied-House

3VAC5-60, Manufacturers and Wholesalers Operations

The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. 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.

The comment period begins November 26, 2018, and ends December 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 LaTonya D. Hucks-Watkins, Legal Liaison, Alcoholic Beverage Control Authority, 2901 Hermitage Road, Richmond, VA 23220, telephone (804) 213-4698, FAX (804) 213-4574, or email latonya.hucks@abc.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 Virginia Regulatory 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 (2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Alcoholic Beverage Control Authority is conducting a periodic review and small business impact review of each of the regulations listed below. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

3VAC5-50, Retail Operations

3VAC5-70, Other Provisions

The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. 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.

The comment period begins December 10, 2018, and ends January 2, 2019.

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 LaTonya D. Hucks-Watkins, Legal Liaison, Alcoholic Beverage Control Authority, 2901 Hermitage Road, Richmond, VA 23220, telephone (804) 213-4698, FAX (804) 213-4574, or email latonya.hucks@abc.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 Virginia Regulatory Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Behavioral Health and Developmental Services conducted a small business impact review of 12VAC35-180, Regulations to Assure the Protection of Subjects in Human Research, and determined that this regulation should be retained in its current form. The State Board of Behavioral Health and Developmental Services is publishing its report of findings dated October 9, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation needs to remain in place to ensure the health, safety, and welfare of the individuals involved in human research. There is no reason to delay the adoption of these changes by using the standard process; there were no comments received during the public comment period of the periodic review. The structure set out in the regulation is in accordance with other applicable federal and state laws and regulations. It is not legally possible to minimize compliance and reporting requirements. This type of research is rare in the behavioral health and developmental services system, and the framework within which the research can be conducted is narrow. Thus, the impact to the provider is negligible and the edits represent only existing statute or regulation.

Contact Information: Ruth Anne Walker, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 225-2252, FAX (804) 786-8623, or email ruthanne.walker@dbhds.virginia.gov.

Notice of Public Hearing to Receive Comment on 12VAC35-250, Peer Recovery Specialists

Public hearing: November 19, 2018, 1 p.m., the Department of Behavioral Health and Developmental Services, Central Office, 11th Floor Conference Room, Jefferson Building, 1220 Bank Street, Richmond, VA 23219. The public hearing will be held from 1 p.m. until 3 p.m.

The purpose of the public hearing is to receive comment as part of the standard permanent regulatory adoption process for 12VAC35-250, Peer Recovery Specialists. This new regulation provides administrative structure for Department of Behavioral Health and Developmental Services qualifications, education, and experience for peer recovery specialists to ensure that individuals providing peer recovery services in Virginia's public system of behavioral health services demonstrate a baseline of practical knowledge. An agenda is available at http://townhall.virginia.gov/L/View
Meeting.cfm?MeetingID=28391
.

If accommodation is required for special needs, please notify the agency contact listed below.

Contact Information: Ruth Anne Walker, Director of Regulatory Affairs, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, 11th Floor, Richmond, VA 23219, telephone (804) 225-2252, FAX (804) 786-8623, or email ruthanne.walker@dbhds.virginia.gov.

STATE CORPORATION COMMISSION

Bureau of Insurance

October 1, 2018

Administrative Letter 2018-06

TO: All Carriers Licensed to Market Credit Life Insurance or Credit Accident and Sickness Insurance in Virginia and Interested Parties

RE: Credit Life Insurance and Credit Accident and Sickness Insurance Premium Rates Effective January 1, 2019

This Administrative Letter Withdraws and Replaces Administrative Letter 2015-12.

On August 22, 2018, the Virginia State Corporation Commission (the "Commission") issued an Order Adopting Adjusted Prima Facie Rates for the Triennium Commencing January 1, 2019, Case No. INS-2018-00030.  All insurers licensed to market credit life insurance or credit accident and sickness insurance in Virginia were mailed a copy of the Order and the adopted rates on August 24, 2018. Pursuant to § 38.2-3725 D and E of the Code of Virginia, the adjusted prima facie rates for the triennium commencing January 1, 2019 will remain in effect until January 1, 2022.

Each company marketing credit life insurance or credit accident and sickness insurance in Virginia must submit the rates and refund formulas applicable to the upcoming triennium to the Bureau for approval if its rates currently on file exceed the adjusted prima facie rates set forth in Case No. INS-2018-00030. Each filing should include the following information:

• The specific single premium and monthly outstanding balance (MOB) rates and rate formulas, and examples of the rate formulas;

• All refund formulas, including examples;

• Any other information required to document the development of the rates and refund formulas;

• The date of previously approved formulas;

• The form number to which each rate or formula will apply; and

• A description of the referenced forms.

A request for approval of a deviated premium rate or rates to be effective on or after January 1, 2019 may be included as part of the filing referenced above. It should be noted that previously approved deviated premium rates can only be used through December 31, 2018, in accordance with § 38.2-3728 C 1 of the Code of Virginia.

The filing requirement checklists for credit life insurance and credit accident and sickness insurance filings may be found on the Bureau's website at http://www.scc.virginia.gov/boi/co/health/lh_check.aspx.

My staff will review filings as promptly as possible; however, companies that delay making filings until after December 1, 2018 cannot be assured that our review will be completed by January 1, 2019. Any insurer with rates currently on file that exceed the adjusted prima facie rates set forth in Case No. INS-2018-00030 that has not received the Bureau's approval of its revised rates and refund formulas on or before January 1, 2019 must cease marketing credit life insurance or credit accident and sickness insurance in Virginia as of January 1, 2019 and must cease charging premiums for existing MOB contracts as of January 1, 2019 until such date that it has received the Commission's approval, as noted above.

Any questions with regards to any of the above matters should be directed to Amanda G. McCauley, Principal Insurance Market Examiner, Life and Health Division, State Corporation Commission, telephone (804) 371-0034, or email amanda.mccauley@scc.virginia.gov.

/s/ Scott A. White
Commissioner of Insurance

DEPARTMENT OF ENVIRONMENTAL QUALITY

Greenwood Solar I LLC Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule - Culpeper County

The Department of Environmental Quality has received a withdrawal of a notice of intent from Open Road Renewables LLC and a new notice of intent from NextEra Energy Resources for a permit by rule for a small renewable energy project proposed by Greenwood Solar I LLC in Culpeper County. The project is located approximately one mile south of Stevensburg on the south side of State Route 3. The project will be constructed on multiple parcels of land totaling approximately 1,000 acres and will use conventional solar panels to deliver up to 100 megawatts of electricity (alternating current) to an existing transmission line. The preliminary design of the project calls for the project to use approximately 380,000 solar panels. The notice of intent submitted by Open Road Renewables LLC was published in the Virginia Register on August 21, 2017.

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.

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

Greensville County Solar Project 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) near Emporia pursuant to Virginia regulation. The notice of intent is for an 80-megawatt alternating current solar project. The ground-mounted array will utilize photovoltaic solar modules and single-axis tracking technology constructed on approximately 1,185 acres. The project site is located outside of the city limits of Emporia along Rock Bridge Road. A solar project is permitted under this use category through a special use permit from Greensville County Board of Supervisors and will not require rezoning.

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.

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

Westmoreland County Solar Project 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) near Warsaw pursuant to Virginia regulation. The notice of intent is for a 20-megawatt alternating current solar project. The ground-mounted array will utilize photovoltaic solar modules and single-axis tracking technology constructed on approximately 161 acres. The project site is located outside of the city limits of Warsaw, south of Woodbine Road. A solar project is permitted under this use category through a special use permit from Westmoreland County Land Use Administration and will not require rezoning.

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.

Alliance Development Group LLC Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule - Alliance Development Group LLC

Alliance Development Group 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 South Chesterfield in Chesterfield County pursuant to Virginia regulation. The Alliance Development Group's solar power project, Children of Chesterfield Solar Power, will be developed on approximately 165 acres of land leased from the Children's Home Virginia Baptist. Solar panels, racking systems, and electrical equipment will cover and occupy about 135 acres. The facility design is 20 megawatts alternating current power and will consist of approximately 74,400 solar panels.

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 JUVENILE JUSTICE

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Juvenile Justice is conducting a periodic review and small business impact review of each of the regulations listed below. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

6VAC35-30, Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs

6VAC35-60, Minimum Standards for Virginia Delinquency Prevention and Youth Development Act Grant Programs

The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. 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.

The comment period begins November 12, 2018, and ends December 12, 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 Kristen Peterson, Regulatory Coordinator, Department of Juvenile Justice, P.O. Box 1110, Richmond, VA 23218-1110, telephone (804) 588-3902, FAX (804) 371-6497, or email kristen.peterson@djj.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 Virginia Regulatory 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 October 24, 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 Forty-Six (18)

Virginia Lottery "Holiday Cheer Extra 1% Commission Retailer Incentive Promotion 2018" (effective November 6, 2018)

Director's Order Number One Hundred Fifty-Nine (18)

Virginia Lottery's Computer-Generated Game "Print 'n Play $50,000 Blackjack" Final Rules for Game Operation (effective December 2, 2018)

Director's Order Number One Hundred Sixty (18)

Virginia Lottery's Computer-Generated Game "Print 'n Play Blackjack" Final Rules for Game Operation (effective December 2, 2018)

Director's Order Number One Hundred Sixty-One (18)

Virginia Lottery's Computer-Generated Game "Print 'n Play Daily Crossword" Final Rules for Game Operation (effective December 2, 2018)

Director's Order Number One Hundred Sixty-Two (18)

Virginia Lottery's Computer-Generated Game "Print 'n Play Diamond Club Crossword" Final Rules for Game Operation (effective December 2, 2018)

Director's Order Number One Hundred Sixty-Three (18)

Virginia Lottery's Computer-Generated Game "Print 'n Play Gold Rush Crossword" Final Rules for Game Operation (effective December 2, 2018)

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

Virginia Lottery's Computer-Generated Game "Print 'n Play Smokin' Hot Crossword" Final Rules for Game Operation (effective December 2, 2018)

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

Certain Virginia Print 'n Play Games: End of Games (effective December 1, 2018)

Virginia Lottery's Print 'n Play Blackjack Classic (86 2018)

Virginia Lottery's Print 'n Play Extreme Crossword (87 2018)

Virginia Lottery's Print 'n Play High Stakes Blackjack (88 2018)

Virginia Lottery's Print 'n Play Horoscope Crossword (89 2018)

Virginia Lottery's Print 'n Play Money Bag Crossword (90 2018)

Virginia Lottery's Print 'n Play Platinum Crossword (91 2018)

Director's Order Number One Hundred Sixty-Seven (18)

Certain Virginia Promotion; Prize Structure Correction: Super Bonus Crossword Promotion (155 2018) (this Director's Order is effective nunc pro tunc to October 1, 2018, and shall remain in full force and effect through the end Promotion date unless amended or rescinded by further Director's Order)

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Public Comment for Draft Medicaid Long-Term Services and Supports Screening Provider Manual

Comment period: October 17, 2018, through November 16, 2018.

Changes to the Medicaid Long-Term Services and Supports Screening Provider Manual are now posted on the Department of Medical Assistance website at http://www.dmas.virginia.gov/#/manualdraft for public comment through November 16, 2018. The manual will be finalized and officially posted by November 29, 2018. Finalized manuals can be found at https://www.virginiamedicaid.dmas.virginia.gov/wps/portal/ProviderManual.

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.

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (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 each of the regulations listed below. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

12VAC30-5, Public Participation Guidelines

12VAC30-95, Standards Established and Methods Used for Fee-for-Service Reimbursement

12VAC30-150, Uninsured Medical Catastrophe Fund

The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. 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.

The comment period begins November 12, 2018, and ends December 4, 2018.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Jimeequa Williams, Regulatory Coordinator, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23223, telephone (804) 225-3508, FAX (804) 786-1680, or email jimeequa.williams@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 Virginia Regulatory Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

STATE BOARD OF SOCIAL SERVICES

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Social Services conducted a small business impact review of 22VAC40-411, General Relief Program, and determined that this regulation should be retained in its current form. The State Board of Social Services is publishing its report of findings dated December 13, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

No comments were received during the periodic review. The regulation was last amended in July 2013, when certain components of the program were eliminated. Upon review, it was determined that this regulation remains necessary to protect the welfare of citizens who are in need of general relief assistance. However, the regulation omits critical information in the eligibility determination process, and therefore, it is necessary to amend the regulation. As this is a state and local program, there are no overarching federal regulations.

Contact Information: Monique Majeus, Senior Economic Assistance and Employment Consultant/TANF, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7940, FAX (804) 726-7357, or email monique.majeus@dss.virginia.gov.

VIRGINIA WASTE MANAGEMENT BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Waste Management Board conducted a small business impact review of 9VAC20-90, Solid Waste Management Permit Action Fees and Annual Fees, and determined that this regulation should be retained in its current form. The Virginia Waste Management Board is publishing its report of findings dated October 1, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The current regulation continues to be needed. This regulation is consistent with the requirements of state law and partially funds the oversight of permitted solid waste management facilities. There is no corresponding federal regulation concerning the assessment of a solid waste permit application or the assessment of solid waste permit oversight fees. No public comments were received during the periodic review comment period. The regulation details the fees for permit actions as well as annual permit fees. The regulation may be viewed as complex by some readers since it details the adjustment by the consumer price index (inflation); however, the agency calculates the adjusted fees and amount due from the permit holder as part of the annual billing process. This regulation was last amended in 2013 in response to changes in state law.

Businesses that undertake activities requiring a solid waste management permit are subject to this regulation. Some fees are based on the amount of time to issue a permit action. Other fees are based on the amount of waste material managed. Small businesses generally manage less waste than businesses that are not small businesses and therefore would be subject to smaller annual fees than larger businesses.

Contact Information: Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Waste Management Board conducted a small business impact review of 9VAC20-170, Transportation of Solid and Medical Wastes on State Waters, and determined that this regulation should be retained in its current form. The Virginia Waste Management Board is publishing its report of findings dated October 1, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The primary goal of this regulation is to protect the environment from discharges of solid wastes, regulated medical wastes, and municipal and industrial sludge from vessels transporting these wastes on state waters. The regulation contains specific container standards that must be met to transport these wastes. These requirements are continued to be needed to protect the environment from spills of these wastes that may occur during the transportation of these wastes. No comments were received during the public comment period for this periodic review. Due to the testing requirements for containers, the regulation is very specific concerning standards containers must meet prior to transportation of wastes on state waters. The standards included in the regulation make the regulation appear to be complex and technical; however, the regulated community is accustomed to implementing and using technical container standards in everyday practice. There are no applicable federal requirements for waste to be containerized to be transported on state waters.

The regulation was originally adopted in November of 2003. The regulation was amended in 2006, 2010, 2011, and 2012. The agency believes the regulation should not be amended or repealed to minimize the economic impact of the regulation on small businesses. The standards for transporting solid waste on Virginia waterways are necessary to protect Virginia waterways from the release of waste into state waters, and the regulation is consistent with the requirements of state law.

Contact Information: Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Order for Fork Union Military Academy

An enforcement action has been proposed for the Fork Union Military Academy for violations at the Fork Union Military Academy sewage treatment plant in Fluvanna County, Virginia. The State Water Control Board proposes to issue a consent order to the Fork Union Military Academy 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. Tamara Ambler will accept comments by email at tamara.ambler@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, Virginia, VA 22801, from November 12, 2018, to December 13, 2018.

Proposed Enforcement Action for Norfolk Southern Railway Company

An enforcement action has been proposed for Norfolk Southern Railway Company for violations of the State Water Control Law in Wise County, 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. Ralph T. Hilt will accept comments by email at ralph.hilt@deq.virginia.gov, FAX at (276) 676-4899, or postal mail at Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, from November 13, 2018, through December 12, 2018.

Public Meeting and Public Comment for Total Maximum Daily Loads for the Blacks Run and Cooks Creek Watersheds

The Department of Environmental Quality (DEQ) will host a public meeting for the modification of total maximum daily loads (TMDLs) for the Blacks Run and Cooks Creek watersheds in Rockingham County, the Town of Bridgewater, and the City of Harrisonburg. The meeting will be held on November 28, 2018, at 1:30 p.m. at the Department of Environmental Quality, Valley Regional Office, 3000 Early Road, Harrisonburg, VA 22801.

Blacks Run and Cooks Creek were first listed as impaired on Virginia's § 303(d) TMDL Priority List and Report due to violations of the state's water quality standard for bacteria and the general standard (benthics) in 1998. The creeks have remained on the § 303(d) list for these impairments since then. A stressor analysis conducted by DEQ for both creeks indicated that sediment and phosphorous are the primary stressors responsible for the benthic impairment.

The impaired segment of Cooks Creek extends 13.32 miles from the headwaters downstream to its confluence with the North River. The impaired segment of Blacks Run extends 10.74 miles from its headwaters downstream to its confluence with Cooks Creek.

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. DEQ completed sediment, phosphorous, and bacteria TMDLs for Cooks Creek and Blacks Run in April 2002. The TMDLs were approved by the U.S. Environmental Protection Agency in 2004. The TMDL reports are available on the DEQ website at http://www.deq.virginia.gov/programs/water
/waterqualityinformationtmdls/tmdl/tmdldevelopment/approvedtmdlreports.aspx
.

In order to address new and expanding discharges from permitted facilities in the watersheds since 2002, the TMDLs for these waterbodies required modification. This modification will ensure that discharge permits issued within the watersheds remain consistent with the wasteload allocations in the TMDLs. The modification process began in August of 2017. A public meeting was held on November 15, 2017, to present the draft TMDL study and initiate a 30-day public comment period on the modified study. Since this meeting, additional changes have been made to the TMDLs pertaining to the establishment of sediment and phosphorous wasteload allocations for industrial stormwater permitted facilities in the watersheds. The purpose of this public meeting is to share these modifications with the public and to initiate an additional public comment period on the revised wasteload allocations.

The public comment period will begin on November 29, 2018, and will end on December 28, 2018. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Nesha McRae, Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7850, FAX (540) 574-7878, or email nesha.mcrae@deq.virginia.gov.

For questions about the upcoming meeting or the project in general, please contact Nesha McRae at the phone number or email address listed above.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; Email: varegs@dls.virginia.gov.

Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at https://commonwealthcalendar.virginia.gov.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing  regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/documents
/cumultab.pdf
.

Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.

ERRATA

BOARD OF CORRECTIONS

Title of Regulation: 6VAC15-20. Regulations Governing Certification and Inspection.

Publication: 23:22 VA.R. 3696-3703 July 9, 2007

Correction to Final Regulation:

Page 3703, 16VAC15-20-190 D, after "certification audits" delete "6 VAC 15-20-190" insert "6 VAC 15-20-100"

VA.R. Doc. No. R01-67; Filed October 17, 2018

STATE BOARD OF SOCIAL SERVICES

Title of Regulation: 22VAC40-211. Resource, Foster and Adoptive Family Home Approval Standards.

Publication: 35:5 VA.R. 927-934 October 29, 2018

Correction to Agency Contact:

Page 927, Replace contact information to read: "Keisha Williams, Program Consultant, Department of Social Services, 801 Main Street, Richmond, VA 23219, telephone (804) 726-7550, FAX (804) 819-7173, or email k.williams@dss.virginia.gov."

VA.R. Doc. No. R13-3458; Filed October 29, 2018