GENERAL NOTICES/ERRATA
Vol. 35 Iss. 13 - February 18, 2019

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 12VAC35-230, Operation of the Individual and Family Support Program, 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 January 17, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation is needed. Comments are in regard to the application announcement timelines, the application process, eligibility criteria, eligible applicant notification process, and how to prioritize those most at risk of institutionalization. The regulation is not complex. It is a straightforward structure for administration of the disbursement of funds. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. This is the first periodic review of this regulation, which has been in effect since January 16, 2014.

Contact Information: Erika Jones-Haskins, Community Coordinator, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-5813, FAX (804) 692-0077, or email erika.jones-haskins@dbhds.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Public Hearing and Opportunity for Comment on the Air Quality Plan

Notice of action: The Department of Environmental Quality (DEQ) is seeking comments and announcing a public hearing on a proposed plan to implement reasonably available control technology (RACT) in support of the 2008 ozone national ambient air quality standard (NAAQS) in the Northern Virginia Emissions Control Area. DEQ intends to submit the plan as a revision to the Commonwealth of Virginia State Implementation Plan (SIP) in accordance with the requirements of § 110(a) of the federal Clean Air Act. The SIP is the plan developed by the Commonwealth in order to fulfill its responsibilities under the Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act.

Purpose of notice: DEQ is seeking comments on the overall plan and on the issue of whether the plan meets RACT requirements for the Northern Virginia Emissions Control Area in support of the 2008 ozone NAAQS.

Public comment period: February 18, 2019, to March 20, 2019.

Description of proposal: The proposal, which is a supplement to a plan revision previously submitted on December 12, 2017, consists of the following:

1. An analysis of the regulatory underpinnings of RACT for the Northern Virginia Emissions Control Area, which consists of the Counties of Stafford, Arlington, Loudoun, Prince William, and Fairfax and the Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park.

2. Certification of the implementation of the control technique guidelines (CTGs) and alternative control techniques (ACTs) within Virginia's SIP for the Northern Virginia Emissions Control Area.

3. Negative declaration for the 2016 CTG for the Oil and Natural Gas Industry in the Northern Virginia Emissions Control Area.

4. Recertification of certain RACT analyses previously submitted in Virginia's SIP, where review of available data show that no additional controls are necessary.

5. A commitment to submit as SIP revisions source specific RACT determinations for those facilities where recertification of previous RACT requirements was not appropriate.

Federal information: This notice is being given to satisfy the public participation requirements of 40 CFR 51.102. The proposed RACT implementation document will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104.

How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DEQ no later than the last day of the comment period. DEQ prefers that comments be provided in writing, along with any supporting documents or exhibits. Comments must be submitted to Doris A. McLeod, Air Quality Planner, Division of Air, Data Analysis and Planning, Department of Environmental Quality, 1111 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4197, FAX (804) 698-4510, or email doris.mcleod@deq.virginia.gov. All materials received are part of the public record.

To review the proposal: The proposal is available on the DEQ Air Public Notices for Plans website at http://www.deq.virginia.gov/Programs/Air/PublicNotices/airplansandprograms.aspx. The proposal may also be obtained by contacting the DEQ representative named in this notice. The public may review the proposal between 8:30 a.m. and 4:30 p.m. of each business day until the close of the comment period at the following DEQ locations:

1) Main Street Office, Suite 1400, 1111 East Main Street, Richmond, VA, telephone (804) 698-4070 and

2) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583-3800.

FORENSIC SCIENCE BOARD

Approved Breath Alcohol Testing Devices

This list of approved breath alcohol testing devices replaces the list published in the Virginia Register of Regulations 31:21 VA.R. 1888 on June 15, 2015.

Statutory Authority: §§ 9.1-1101, 18.2-267, and 18.2-268.9 of the Code of Virginia.

In accordance with 6VAC40-20-90 and under the authority of the Code of Virginia, the following breath test device is approved for use in conducting breath tests:

The Intox EC/IR II with the Virginia test protocol, manufactured by Intoximeters, Inc., St. Louis, Missouri, utilizing an external printer.

In accordance with 6VAC40-20-100 and under the authority of the Code of Virginia, for evidential breath test devices, mouthpieces that are compatible with the specific testing device are approved as supplies for use in conducting breath tests on approved breath test devices.

In accordance with 6VAC40-20-180 and under the authority of the Code of Virginia, the following devices are approved for use as preliminary breath test devices:

1. The ALCO-SENSOR, ALCO-SENSOR II, ALCOSENSOR III, ALCO-SENSOR IV, ALCO-SENSOR VXL, ALCO-SENSOR FST, and ALCO-SENSOR FST (serial numbers 200,000 and higher) manufactured by Intoximeters, Inc., St. Louis, Missouri.

2. The CMI SD 2 and INTOXILYZER 400PA, manufactured by Lion Laboratories, Barry, United Kingdom.

3. The CMI SD 5, INTOXILYZER 500, and INTOXILYZER 800 manufactured by CMI, Inc., Owensboro, Kentucky.

4. The LIFELOC PBA 3000,* LIFELOC FC10, LIFELOC FC10Plus, and LIFELOC FC20, manufactured by Lifeloc Inc., Wheat Ridge, Colorado. *When used in the direct sensing mode only.

5. The ALCOTEST 5510, ALCOTEST 5820, ALCOTEST 6510, ALCOTEST 6810, and ALCOTEST 6820 manufactured by Draeger Safety Diagnostics, Inc., Durango, Colorado.

6. The ALCOVISOR JUPITER, ALCOVISOR MERCURY, and MARK V, manufactured by PAS Systems International, Inc., Fredericksburg, Virginia.

Contact Information: Amy M. Curtis, Department Counsel, Department of Forensic Science, 700 North 5th Street, Richmond, VA 23219, telephone (804) 786-6848, FAX (804) 786-6857, or email amy.curtis@dfs.virginia.gov.

DEPARTMENT OF GENERAL SERVICES

Request for Comments on Revision to Fees for Drinking Water Laboratory Certification

Public comment period: February 18, 2019, through March 20, 2019.

Request for comments on revision to fees for drinking water laboratory certification (1VAC30-41-270), effective May 1, 2019, through April 30, 2020.

Purpose of notice and background information: The Division of Consolidated Laboratory Services (DCLS) is seeking comment on the revision to fees charged for certifying drinking water laboratories under 1VAC30-41-270.

1VAC30-41-270 I 2 requires DCLS to increase or decrease annually the fees charged for certifying drinking water laboratories using the Consumer Price Index-Urban percentage change average-average for the previous calendar year published by the U.S. Bureau of Labor Statistics in January. The percentage change, average-average for 2018 is an additional 2.4%. See the table labeled "Historical Consumer Price Index for All Urban Consumers (CPI-U): U.S. city average, all items, index averages" in the following document (pages 3-4): https://www.bls.gov/cpi/tables /supplemental-files/historical-cpi-u-201812.pdf.

The revised fees are exempt from the requirements of the Administrative Process Act. The Budget of the Commonwealth of Virginia (Item 74 C 3a of Chapter 2 of the 2018 Acts of Assembly) requires DCLS to provide notice and an opportunity to submit written comments on the revised fees.

The notice of fees for May 1, 2019, through April 30, 2020, will be published on the DCLS drinking water laboratory certification webpage at http://www.dgs.virginia.gov/dcls after consideration of submitted comments.

Public comment period: February 18, 2019, through March 19, 2019.

How to comment: DCLS accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DCLS by the last day of the comment period. All materials received are part of the public record. Comments should be sent to Rhonda Bishton, Regulatory Coordinator, Department of General Services, Attn: DCLS DW Fee Comments, 1100 Bank Street, Suite 420, Richmond, VA 23219, telephone (804) 786-3311, FAX (804) 371-8305, or email rhonda.bishton@dgs.virginia.gov.

DCLS requests comments on the revised fees in the following notice.

Notice of Fees for May 1, 2019 – April 30, 2020

Virginia Division of Consolidated Laboratory Services

Fees for Drinking Water Laboratory Certification (1VAC30-41-270)

Effective May 1, 2019 – April 30, 2020

TESTING CATEGORY

FEE ($)

Microbiological testing

 

1 - 2 methods

647

3 - 5 methods

754

6+ methods

862

Inorganic chemistry, nonmetals testing

 

1 - 2 methods

700

 

3 - 5 methods

915

 

6 - 8 methods

1132

 

9+ methods

1347

Inorganic chemistry, metals testing

 

1 - 2 methods

1077

 

3 - 5 methods

1292

 

6+ methods

1506

Organic chemistry

 

1 - 2 methods

1132

 

3 - 5 methods

1347

 

6 - 8 methods

1561

 

9+ methods

1778

Radiochemistry

 

1 - 2 methods

1186

 

3 - 5 methods

1400

 

6+ methods

1616

Asbestos

 

1 - 2 methods

969

 

3 - 5 methods

1186

 

6+ methods

1400

How fees are calculated: DCLS calculates a laboratory's total fee by adding the fees for the number of test methods in each category in the fee table for which the laboratory is certified or applies to be certified. Contact lab_cert@dgs.virginia.gov for more information about the fee category for a specific method.

Additional fees:

Additional fees apply when a laboratory:

• Applies for modification of certification under 1VAC30-41-110

• Is moving its location when the move requires DCLS to perform an onsite assessment

• Requests reinstatement of certification when DCLS requires an onsite assessment

Hourly review fee and calculation of total fee: The fee to be charged is the sum of the total hourly charges for all reviewers plus any onsite assessment costs incurred. The hourly charge per reviewer is $66. The charge per reviewer is determined by multiplying the number of hours expended in the review by $66.

Onsite review and travel expenses: If an onsite review is required, travel time and onsite review time will be charged at the same hourly rate of $66 and any travel expenses will be added.

When to pay: Payment is due at the time the application is made or annually thereafter upon receipt of the invoice from DCLS. Annual billing precedes the expiration of the current certificate.

How to pay: Fees may be paid by check, draft, or postal money order payable to the Treasurer, Commonwealth of Virginia or submitted electronically, if available. Payment must be in U.S. currency, except that agencies and institutions of the Commonwealth of Virginia may submit interagency transfers for the amount of the fee. Laboratories may also pay fees using credit cards. All fees must be sent to the following address, or submitted electronically, if available: DCLS, Attn: Lab Certification, 600 North 5th Street, Richmond, VA 23219. A fee payment form is available on the Drinking Water page of the DCLS website at http://www.dgs.virginia.gov/dcls.

Contact Information: Rhonda Bishton, Director's Executive Administrative Assistant, Department of General Services, 1100 Bank Street, Suite 420, Richmond, VA 23219, telephone (804) 786-3311, FAX (804) 371-8305, or email rhonda.bishton@dgs.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Intent to Amend Virginia State Plan for Medical Assistance - Methods and Standards for Establishing Payment Rates

Comment period: January 28, 2019, to February 27, 2019.

The Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to amend the Virginia State Plan for Medical Assistance to provide for changes to the Methods and Standards for Establishing Payment Rates - Inpatient Hospital Services (12VAC30-70) and Methods and Standards for Establishing Payment Rates; Other Types of Care (12VAC30-80).

This notice is intended to satisfy the requirements of 42 CFR 447.205 and of § 1902(a)(13) of the Social Security Act, 42 USC § 1396a(a)(13). A copy of this notice is available for public review from William Lessard, Provider Reimbursement Division, Department of Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219, or via email at william.lessard@dmas.virginia.gov.

Comments or inquiries may be submitted, in writing, by February 27, 2019, to Mr. Lessard and such comments are available for review upon request. Comments may also be submitted, in writing, on the Virginia Regulatory Town Hall public comment forum at http://www.townhall.virginia.gov.

Reimbursement changes affecting supplemental payments to qualifying private hospitals: DMAS is sunsetting language from the State Plan related to quarterly supplemental payments for qualifying private hospitals for inpatient and outpatient services rendered during the quarter. This sunsetting is to avoid conflicting with a new supplemental hospital payment that covers a more comprehensive list of private acute care hospitals. There will be no impact on actual expenditures because the upper payment limit would limit what DMAS can pay in total.

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.

BOARD OF PHARMACY

Public Hearing to Consider Scheduling of Chemical in Schedule I

Public comment period: February 18, 2019, through March 12, 2019.

Pursuant to § 54.1-3443 D of the Code of Virginia, the Board of Pharmacy is giving notice of a public hearing to consider placement of chemical substances in Schedule I of the Drug Control Act. The public hearing will be conducted at 9 a.m. on March 26, 2019, at the Perimeter Center, 9960 Mayland Drive, Suite 201, Richmond, VA 23233. Public comment may also be submitted electronically or in writing prior to March 12, 2019, to Caroline Juran, Executive Director of the Board of Pharmacy, email caroline.juran@dhp.virginia.gov.

Pursuant to article § 54.1-3443 D, the Virginia Department of Forensic Science (DFS) has identified three compounds for recommended inclusion into the Code of Virginia. The following is a brief description, chemical name, and common name for each compound.

The following compound is classified as powerful synthetic opioid. Compounds of this type have been placed in Schedule I (subdivision 1 of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.

1. 3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-isopropyl-benzamide (other name: Isopropyl U-47700), 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 following compounds are classified as research chemicals. Compounds of this type have been placed in Schedule I (subdivision 3 of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.

1. alpha-pyrrolidinoisohexiophenone (other name: alpha-PiHP), 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. 1-[1-(3-hydroxyphenyl)cyclohexyl]piperidine (other name: 3-hydroxy PCP), 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.

Contact Information: Caroline Juran, RPh, Executive Director, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4456, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Special Order for Heartland Concrete LLC

An enforcement action has been proposed for Heartland Concrete LLC for alleged violations that occurred during a spill event at the interchange of Interstate 85 and Interstate 95 in Petersburg, Virginia. The State Water Control Board proposes to issue a consent special order to Heartland to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Jeff Reynolds will accept comments by email at jefferson.reynolds@deq.virginia.gov or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, attention Jeff Reynolds, from February 18, 2019, to March 18, 2019.

Proposed Enforcement Action for City of Lexington

An enforcement action has been proposed for the City of Lexington for violations at the City of Lexington Public Works Compound in Lexington, Virginia. The State Water Control Board proposes to issue a penalty only to the City of Lexington to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office listed 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 February 18, 2019, to March 20, 2019.

Proposed Consent Order for the Town of Lovettsville

An enforcement action has been proposed for the Town of Lovettsville for violations of the State Water Control Law and regulations at the Town of Lovettsville Wastewater Treatment Plant located at 39183 Irish Corner Road, Lovettsville, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Town of Lovettsville Wastewater Treatment Plant. A description of the proposed action is available at the Department of Environmental Quality office listed 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 February 19, 2019, through March 21, 2019.

Proposed Enforcement Action for
York Properties LLC

An enforcement action has been proposed for York Properties LLC for violations of the State Water Control Law at the Wolf Trap Industrial Park in Yorktown, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. John Brandt will accept comments by email at john.brandt@deq.virginia.gov, FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from February 18, 2019, to March 20, 2019.

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.