GENERAL NOTICES/ERRATA
Vol. 35 Iss. 11 - January 21, 2019

DEPARTMENT OF ENVIRONMENTAL QUALITY

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

Greensville County Solar Project LLC has provided the Department of Environmental Quality a revised notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) near Emporia. 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 1,225 acres (originally the project was intended to use 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. The original notice of intent was posted to the Virginia Regulatory Town Hall on October 18, 2018, and published in the Virginia Register of Regulations on November 12, 2018.

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.

STATE BOARD OF HEALTH

January 2019 - Public Participation in Drinking Water State Revolving Fund Process

The Virginia Department of Health (VDH) is pleased to announce several opportunities for funding drinking water infrastructure. Applications may be submitted year round, however, VDH will conduct one round of evaluations submitted by the deadline. Applications postmarked or received after the due date will be considered for funding in the following round. Funding is made possible by the Drinking Water State Revolving Fund (DWSRF) Program and the Water Supply Assistance Grant Fund (WSAG) Program (if funds are available). The fiscal year 2020 DWSRF Intended Use Plan will be developed using public input on these issues.

(1) Public Comments and Set-Aside Suggestions Invited (submission deadline April 1): To identify ways to improve this program, VDH seeks meaningful input from the public, the waterworks industry, or other interested parties. Anyone may make comments or recommendations to support or revise the program. Everyone has the opportunity to suggest new or continuing set-aside (nonconstruction) activities. Set-aside funds help VDH assist waterworks owners to prepare for future drinking water challenges and ensure the sustainability of safe drinking water.

(2) Construction, Consolidation, and Refinance Fund Requests (application deadline April 1): Owners of community waterworks and nonprofit noncommunity waterworks are eligible to apply for construction funds. VDH makes selections based on criteria described in the DWSRF Program Design Manual, such as existing public health problems, noncompliance, affordability, regionalization, and the availability of matching funds. VDH anticipates a funding level of $25 million.

(3) 1452(k) Source Water Protection Initiatives (application deadline April 1): Loan funds are available to (i) community and nonprofit noncommunity waterworks to acquire land or conservation easements and (ii) community waterworks only to establish local voluntary incentive-based protection measures.

(4) Lead Service Line (LSL) Replacement Program (application deadline April 1): In an effort to accelerate the removal of lead from drinking water, the DWSRF Program has made funding available for the complete removal of the public or private portion of the LSLs. In conjunction with other available funds, this program intends to provide up to $5,000 dollars as grant funds (of which up to $500 may be eligible as an administrative fee) for each service line replaced on the homeowner's side of the meter. The LSL includes pipe entry into the structure (up to the shut-off valve) but excludes the premise plumbing.

The VDH DWSRF Program Design Manual describes the features of the opportunities listed in this notice for funding. After receiving public input, VDH will develop an intended use plan (IUP) for public review and comment. When developed, the IUP will describe specific details for use of the funds. A public meeting is planned, and written comments will be accepted before submittal of a final version to the U.S. Environmental Protection Agency for approval.

Applications, set-aside suggestion forms, program design manuals, and information materials are available on the VDH website at http://www.vdh.virginia.gov/drinking-water/financial-construction-assistance-programs/drinking-water-funding-program-details/. This information can also be obtained from Steven Pellei, PE, FCAP Director, telephone (804) 864-7500, FAX (804) 864-7521, or Virginia Department of Health, Office of Drinking Water, 109 Governor Street, 6th Floor, Richmond, VA 23219. Comments should also be directed to Mr. Pellei.

Drinking Water Construction Funding Workshops

VDH will offer funding informational meetings via webcast. The workshop will be recorded for future play back. The tentative time and date for the webcast is 1 p.m. on February 20, 2019. The link will be provided at a later date on the Office of Drinking Water website.

Material will focus on drinking water construction funding available through VDH. The Drinking Water State Revolving Loan Fund Program will be discussed. Participants will be advised on program updates and guided through program criteria, program applications, and the project scheduling steps needed for smooth project implementation.

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 Health is conducting a periodic review and small business impact review of 12VAC5-421, Food 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 January 21, 2019, and ends February 11, 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 Julie Henderson, Director of Food and General Services, Virginia Department of Health, 109 Governor Street, 5th Floor, Richmond, VA 23219, telephone (804) 864-7473, or email julie.henderson@vdh.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.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Health conducted a small business impact review of 12VAC5-475, Regulations Implementing the Virginia Donor Registry, and determined that this regulation should be retained in its current form. The State Board of Health is publishing its report of findings dated November 28, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

There is a continued need for these regulations as they are mandated by law. No public comments were received during the public comment period. The regulations are clearly written and easily understandable. The regulations do not overlap, duplicate, or conflict with any known federal or state laws or regulations. Regulations are evaluated on an ongoing basis, and these regulations were last amended in July 2015. Retaining the regulations in their current form does not appear to cause an adverse economic impact on small businesses in the Commonwealth of Virginia.

Contact Information: Robin Buskey, Policy Analyst, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7253, FAX (804) 864-7771, or email robin.buskey@vdh.virginia.gov.

DEPARTMENT OF HUMAN RESOURCE MANAGEMENT

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 Human Resource Management is conducting a periodic review and small business impact review of each listed regulation. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

1VAC55-11, Public Participation Guidelines

1VAC55-20, Commonwealth of Virginia Health Benefits Program

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 January 21, 2019, and ends February 11, 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 Susan Jones, Associate Director Policy and Instruction, Department of Human Resource Management, 101 North 14th Street, 13th Floor, Richmond, VA 23219, telephone (804) 225-2852, FAX (804) 371-0231, or email susan.jones@dhrm.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.

BOARD OF OPTOMETRY

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Optometry conducted a small business impact review of 18VAC105-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board of Optometry is publishing its report of findings dated December 17, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The board has received no complaints or recommendations for change to public participation guidelines, and there is no impact on small businesses.

Contact Information: 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.

BOARD OF PHARMACY

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Pharmacy conducted a small business impact review of 18VAC110-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board of Pharmacy is publishing its report of findings dated December 17, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The board has received no complaints or recommendations for change to public participation guidelines, and there is no impact on small businesses.

Contact Information: 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.

BOARD OF PHYSICAL THERAPY

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Physical Therapy conducted a small business impact review of 18VAC112-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board of Physical Therapy is publishing its report of findings dated December 17, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The board has received no complaints or recommendations for change to public participation guidelines, and there is no impact on small businesses.

Contact Information: 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.

BOARD OF PSYCHOLOGY

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Psychology conducted a small business impact review of 18VAC125-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board of Psychology is publishing its report of findings dated December 17, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The board has received no complaints or recommendations for change to public participation guidelines, and there is no impact on small businesses.

Contact Information: 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.

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 22VAC40-880, Child Support Enforcement 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 economic 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 January 21, 2018, and ends February 11, 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 Alice Burlinson, Senior Assistant Attorney General, Department of Social Services, 4504 Starkey Road, Suite 103, Roanoke, VA 24018, telephone (540) 776-2779, FAX (540) 766-2797, or email alice.burlinson@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 Virginia Regulatory Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

BOARD OF SOCIAL WORK

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Social Work conducted a small business impact review of 18VAC140-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board of Social Work is publishing its report of findings dated December 17, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The board has received no complaints or recommendations for change to public participation guidelines, and there is no impact on small businesses.

Contact Information: 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.

TREASURY 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 Treasury Board is conducting a periodic review and small business impact review of 1VAC75-20, Virginia Security for Public Deposits Act 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 January 21, 2019, and ends on February 11, 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 Kristin Reiter, Director of Operations, Treasury Board, P.O. Box 1879, Richmond, VA 23218-1879, telephone (804) 225-3240, FAX (804) 786-7271, or email kristin.reiter@trs.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. The Virginia Department of the Treasury is aware of the need to update the Security for Public Deposits Act Regulations for the recodification of Title 2.1 of the Code of Virginia to Title 2.2 in 2001 and for amendments to the Security for Public Deposits Act since 1993.

BOARD OF VETERINARY MEDICINE

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Veterinary Medicine conducted a small business impact review of 18VAC150-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board of Veterinary Medicine is publishing its report of findings dated December 17, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The board has received no complaints or recommendations for change to public participation guidelines, and there is no impact on small businesses.

Contact Information: 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.

STATE WATER CONTROL BOARD

Proposed Enforcement Action for
Anisa Enterprise Inc.

An enforcement action has been proposed for Anisa Enterprise Inc. for violations of the State Water Control Law in Hanover, Virginia. A description of the proposed action is available at the Department of Environmental Quality office named below or online at http://www.deq.virginia.gov. Lee Crowell will accept comments by email at lee.crowell@deq.virginia.gov or postal mail at Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, from January 21, 2019, to February 22, 2019.

Proposed Consent Order for Mark A. Stephens LTD

An enforcement action has been proposed for Mark A. Stephens LTD for violations of the State Water Control Law and regulations at Ann's Mobile Home Park located in Stafford, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with a privately owned pump station servicing the onsite sanitary sewer collection system for Ann's Mobile Home Park. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Stephanie Bellotti will accept comments by email at stephanie.bellotti@deq.virginia.gov or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from January 22, 2019, through February 21, 2019.

Notice of Availability of and Public Comment on the 2018 Water Quality Assessment Integrated Report

The Virginia Department of Environmental Quality (DEQ) will release the Draft 2018 Water Quality Assessment Integrated Report (Integrated Report) on January 22, 2019, for public comment, and the comment period will end February 21, 2019.

The Integrated Report combines both the § 305(b) Water Quality Assessment and the § 303(d) Report on Impaired Waters. Both are required by the Federal Clean Water Act and the Virginia Water Quality Monitoring Information and Restoration Act. The report will be available for download on the DEQ website at https://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityAssessments.aspx (please copy and paste the link into your browser if it does not work) throughout the public comment period.

A public webinar summarizing the Integrated Report is scheduled for February 13, 2019. The public is invited to submit questions pertaining to the report during this event. All submitted questions will be addressed in a FAQ document that will be subsequently posted on the DEQ webpage. Registration information for the webinar can be found at https://attendee.gotowebinar.com/register/3542169463391934466 (please copy and paste the link into your browser if it does not work).

Written comments on the draft Integrated Report can be sent to the contact listed below. Please include name, postal mailing address, telephone number, and email address.

Contact Information: Sandra Mueller, Office of Water Monitoring and Assessment, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4324, or email sandra.mueller@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

BOARD OF PHARMACY

Title of Regulation: 18VAC110-20. Regulations Governing the Practice of Pharmacy.

Publication: 35:5 VA.R. 891-892 October 29, 2018

Correction to Final Regulation:

Page 892, 18VAC110-20-322, first column, insert after "B.":

"Pursuant to subsection D of § 54.1-3443 of the Code of Virginia, the Board of Pharmacy places the following in Schedule I of the Drug Control Act:

1. Research chemicals:

a. 2-(ethylamino)-2-phenyl-cyclohexanone (other name: deschloro-N-ethyl-ketamine), its optical, position, and geometric isomers, salts, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

b. 3,4-methylenedioxy-N-tert-butylcathinone, its optical, position, and geometric isomers, salts, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

c. 4-fluoro-N-ethylamphetamine, its optical, position, and geometric isomers, salts, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

d. Beta-keto-4-bromo-2,5-dimethoxyphenethylamine (other name: bk-2C-B), its optical, position, and geometric isomers, salts, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

2. Synthetic opioids:

a. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-2butenamide (other name: Crotonyl fentanyl), its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation.

b. 2-(3,4-dichlorophenyl)-N-[2-(dimethylamino) cyclohexyl]-N-methylacetamide (other name: U-51754), its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation.

c. N-phenyl-N-[4-phenyl-1-(2-phenylethyl)-4piperidinyl]-propanamide (other name: 4phenylfentanyl), its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation.

The placement of drugs listed in this subsection shall remain in effect until December 12, 2019, unless enacted into law in the Drug Control Act.

C."

Page 892, 18VAC110-20-322, second column, line 6, replace "C." with "D."

VA.R. Doc. No. R19-5660; Filed January 3, 2019, 4:16 p.m.

STATE BOARD OF SOCIAL SERVICES

Title of Regulation: 22VAC40-677. State Oversight of a Local Social Services Department that Fails to Provide Services.

Publication: 35:10 VA.R. 1226 January 7, 2019

Correction to Notice of Intended Regulatory Action:

Page 1226, first column, State Board of Social Services Notice of Intended Regulatory Action, lines 3 through 5:

Replace "State Response When a Local Department of Social Services Fails to Provide Services" with "State Oversight of a Local Social Services Department that Fails to Provide Services"

VA.R. Doc. No. R19-5464; Filed January 10, 2019, 1:47 p.m.