DEPARTMENT FOR AGING AND REHABILITATIVE 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 for Aging and Rehabilitative Services is conducting a periodic review and small business impact review of 22VAC30-40, Protections of Participants in Human Research. 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The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 December 10, 2018, and ends December 31, 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 Charlotte Arbogast, Senior Policy Advisor, Department for Aging and Rehabilitative Services, 8004 Franklin Farms Drive, Henrico, VA 23229, telephone (804) 662-7093, FAX (804) 662-7663, or email charlotte.arbogast@dars.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

Caden Energix Spout Spring LLC Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule - Appomattox County

Caden Energix Spout Spring 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 Appomattox County. The project is located on three parcels totaling 375 acres off Route 460, approximately 3.5 miles west of Appomattox. Latitude: 37.354298°; Longitude: -78.886963°. The project will have a rated capacity of 60 megawatts alternating current and include approximately 170,000 photovoltaic 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.

Mt. Jackson Solar II LLC Notice of Intent for Small Renewable Energy Project
(Solar) Permit by Rule - Shenandoah County

Mt. Jackson Solar II 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 Shenandoah County. The proposed Mt. Jackson II Solar project will be an 18.9-megawatts alternating current photovoltaic solar facility on portions of two parcels, totaling 175 acres more or less, roughly positioned north of Wissler Road and west of Turkey Knob Road, near Mt. Jackson in Shenandoah County, Virginia. The project will be comprised of monocrystalline photovoltaic collectors and associated equipment.

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 HEALTH PROFESSIONS

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 Health Professions 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).

18VAC75-20, Regulations Governing Practitioner Self-Referral

18VAC75-40, Regulations Governing the Criteria for Certification of Dialysis Technicians

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 9, 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 Elaine Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Richmond, VA 23233, 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 (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 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).

18VAC76-10, Regulations Governing the Health Practitioners' Monitoring Program for the Department of Health Professions

18VAC76-20, Regulations Governing the Prescription Monitoring Program

18VAC76-40, Regulations Governing Emergency Contact Information

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 9, 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 Elaine Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Richmond, VA 23233, 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 HISTORIC RESOURCES

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 Historic Resources is conducting a periodic review and small business impact review of 17VAC5-30, Evaluation Criteria and Procedures for Designations by the Board of Historic Resources. 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 December 10, 2018, and ends December 31, 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 Stephanie Williams, Deputy Director, Department of Historic Resources, 2801 Kensington Avenue, Richmond, VA 23221, telephone (804) 482-6082, FAX (804) 367-2391, or email stephanie.williams@dhr.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 HISTORIC RESOURCES

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 Historic Resources is conducting a periodic review and small business impact review of 17VAC10-20, Evaluation Criteria and Procedures for Nominations of Property to the National Register or for Designation as a National Historic Landmark. 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 December 10, 2018, and ends December 31, 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 Stephanie Williams, Deputy Director, Department of Historic Resources, 2801 Kensington Avenue, Richmond, VA 23221, telephone (804) 482-6082, FAX (804) 367-2391, or email stephanie.williams@dhr.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 JUVENILE JUSTICE

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 Juvenile Justice is conducting a periodic review and small business impact review of 6VAC35-20, Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities. 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 December 10, 2018, and ends January 8, 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 Kristen Peterson, Regulatory Coordinator, P.O. Box 1110, Richmond, VA 23218-1110, telephone (804) 588-3902, FAX (804) 371-6497, 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 Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Public Comment for Draft EPSDT Provider Manuals for Stakeholder Input

Comment period: November 14, 2018, to December 14, 2018.

Changes to the Early Periodic Screening Diagnosis and Treatment (EPSDT) Provider Manuals are now posted on the Department of Medical Assistance Service (DMAS) website at http://www.dmas.virginia.gov/#/manualdraft for public comment through December 14, 2018. The manuals will be finalized and officially posted by January 3, 2019.

Finalized DMAS provider 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.

Public Comment for Draft Multiple Provider Manuals (Medicaid Expansion Updates) for Stakeholder Input

Comment period: November 14, 2018, to December 14, 2018.

Multiple DMAS provider manuals (Physician-Practitioner, GAP, Chapter 1, Chapter 3, and Appendix A of all provider manuals, and Service Authorization chapters and appendices) have been updated to reflect upcoming Medicaid expansion changes. The drafts are now posted on the Department of Medical Assistance Services website at http://www.dmas.virginia.gov/#/manualdraft for public comment through December 14, 2018. The manuals will be finalized and officially posted by January 2, 2019.

Finalized provider 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.

Public Comment for FAMIS MOMS and FAMIS Select HIFA § 1115 Demonstration Waiver
Renewal Application

Comment period: November 13, 2018, to December 13, 2018.

Pursuant to 42 CFR 431.408, DMAS is providing notice of intent to submit to the federal Centers for Medicare and Medicaid Services (CMS) a request to extend for five years its Title XXI Health Insurance Flexibility and Accountability (HIFA) § 1115 Demonstration Waiver for the FAMIS MOMS and FAMIS Select programs.

Virginia is requesting the same waiver and expenditure authorities as those approved in the current demonstration period. For the FAMIS MOMS and FAMIS Select populations, all Virginia's Title XXI Children's Health Insurance Program (CHIP) and Medicaid rules not expressly waived or identified as not applicable shall apply.

CHIP covers children with family income from 143% to 200% of the federal poverty level (FPL) under a separate child health plan known as the Family Access to Medical Insurance Security (FAMIS) Plan. Virginia's Title XXI Health Insurance Flexibility and Accountability (HIFA) Demonstration has two components. First, it expands Title XXI coverage to uninsured pregnant women with family income up to 200% of the federal poverty level (FPL) who are not eligible for Medicaid, through a program known as FAMIS MOMS. Second, it uses Title XXI funds to support a health insurance premium assistance program known as FAMIS Select. Children must first be found eligible and enroll in FAMIS before electing to receive coverage through FAMIS Select.

The goals of Virginia's Title XXI HIFA Demonstration are as follows:

For FAMIS MOMS:

• Facilitate access to prenatal, obstetric, and postpartum care for a vulnerable population that does not otherwise qualify for public insurance;

• Improve selected birth outcomes of FAMIS MOMS participants and their newborns;

• Improve access to and use of health care services that promote inter-conception health for FAMIS MOMS participants;

• Facilitate access to recommended pediatric primary care for newborns of FAMIS MOMS participants.

For FAMIS Select:

• Facilitate access to affordable private and employer-sponsored health insurance for low-income families through premium assistance;

• Ensure that access to and use of health care services available to children participating in FAMIS Select is comparable to that of children participating in FAMIS;

• Assure the aggregate cost-effectiveness of the FAMIS Select program.

In June 2016, Virginia received approval to continue operating the FAMIS MOMS and FAMIS Select programs under this Demonstration Waiver. The extension, which expires on June 30, 2019, includes the following agreements:

• Virginia will continue to provide coverage with federal reimbursement at the CHIP rate for pregnant women without creditable insurance coverage in families with income through 200% FPL.

• Virginia will continue to use Medicaid methodology for determining income eligibility.

• Virginia will continue to provide coverage for FAMIS MOMS that is identical to coverage provided to pregnant women under the Medicaid State Plan.

• Virginia will continue to deem infants born to FAMIS or FAMIS MOMS enrollees eligible for CHIP or Medicaid coverage for the first year of life.

The DMAS website includes a detailed public notice with more information about the extension request as well as the draft waiver renewal application at http://www.dmas.virginia.gov/#/hifawaiver. Public comments may be submitted until midnight (Eastern Standard Time) on Thursday, December 13, 2018. Public comments may be submitted by email to hope.richardson@dmas.virginia.gov or by regular mail or in person at the address below.

Virginia Department of Medical Assistance Services, HIFA Waiver Renewal Application Public Comment, Attn: Hope Richardson, 600 East Broad Street, Richmond, VA 23219.

Public Hearings: DMAS will hold two public hearings at the times and locations below, where verbal or written public comments can also be submitted. To give verbal comments at public hearings, individuals will need to sign up in advance on a sign-up sheet available at the public hearing. All verbal public comments should be limited to two minutes each.

Public hearing 1: Friday, November 30, 2018, 10 a.m. - 11 a.m., Department of Medical Assistance Services, 600 East Broad Street, Seventh Floor, Room 7B, Richmond, VA.

If unable to attend in person, join by phone by calling 1-866-842-5779, then entering passcode 0961028985, followed by the pound sign (#).

Public hearing 2: Thursday, December 6, 2018, 1 p.m. - 4:30 p.m., Quarterly Children's Health Insurance Program Advisory Committee (CHIPAC) meeting, Virginia Community Healthcare Association, Westerre Conference Center, 3831 Westerre Parkway, Henrico, VA.

After considering public comments about the proposed waiver renewal application, DMAS will make final decisions about the waiver and submit a revised application to CMS. The summary of comments, as well as copies of written comments received, will be posted for public viewing on the DMAS website along with the waiver extension application when it is submitted to CMS.

For more information about the FAMIS MOMS and FAMIS Select Demonstration, which the Commonwealth is seeking to extend, please visit the CMS website at https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/?entry=8648.

Contact Information: Hope Richardson, Policy Planning and Innovation Division, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, telephone (804) 786-7933, TDD (800) 343-0634, or email hope.richardson@dmas.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Order for LAN LLC

An enforcement action has been proposed for LAN LLC for violations at the Oxford Hills residential development in Greene County, Virginia. The State Water Control Board proposes to issue a penalty only consent order to LAN LLC 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. Tiffany Severs will accept comments by email at tiffany.severs@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, from December 10, 2018, to January 9, 2019.

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 State Water Control Board 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).

9VAC25-101, Tank Vessel Oil Discharge Contingency Plan and Financial Responsibility Regulation

9VAC25-580, Underground Storage Tanks: Technical Standards and Corrective Action Requirements

9VAC25-590, Petroleum Underground Storage Tank Financial Responsibility Requirements

9VAC25-650, Closure Plans and Demonstration of Financial Capability

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 December 31, 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 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.

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 WASTE MANAGEMENT BOARD

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 Environmental Quality is conducting a periodic review and small business impact review of 9VAC20-60, Virginia Hazardous Waste Management 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 December 10, 2018, and ends December 31, 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 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.

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 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

OFFICE OF THE STATE INSPECTOR GENERAL

Title of Regulation: 1VAC42-30. Fraud and Abuse Whistle Blower Reward Fund.

Publication: 35:7 VA.R. 1014-1020 November 26, 2018

Correction to Agency Contact:

Page 1014, Replace "101 North 14th Street, 7th Floor" with "P.O. Box 1151" and replace "23219" with "23218"

VA.R. Doc. No. R16-4186; Filed November 27, 2018

STATE BOARD OF SOCIAL SERVICES

Title of Regulation: 22VAC40-665. Child Care Program.

Publication: 35:2 VA.R. 337-377 September 17, 2018

Corrections to Final Regulation:

Page 351, 22VAC40-665-180, column 2, beginning of third line, delete "d." insert "e."

Page 365, 22VAC40-665-530, column 1, subdivision 2, after "equivalent offense outside the Commonwealth." delete "c." insert "d."

Page 365, 22VAC40-665-530, column 2, beginning of first line, delete "d." insert "e."

VA.R. Doc. No. R16-4602; Filed November 26, 2018, 1:21 p.m.