GENERAL NOTICES
Vol. 35 Iss. 26 - August 19, 2019

STATE AIR POLLUTION CONTROL BOARD

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 9VAC5-210, Regulation for Dispute Resolution. 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The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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.

Public comment period begins August 19, 2019, and ends September 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 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.

AUCTIONEERS BOARD

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 Auctioneers Board 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).

18VAC25-11, Public Participation Guidelines

18VAC25-21, Regulations of the Virginia Auctioneers Board

The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form.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

Public comment period begins August 19, 2019, and ends September 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 Kathleen R. Nosbisch, Executive Director, Auctioneers Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866) 465-6206, or email auctioneers@dpor.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 the review 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 FOR BRANCH PILOTS

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 for Branch Pilots 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).

18VAC45-11, Public Participation Guidelines

18VAC45-20, Board for Branch Pilots Regulations

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.

Public comment period begins August 19, 2019, and ends September 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 Kathleen R. Nosbisch, Executive Director, Board for Branch Pilots, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866) 465-6206, or email branchpilots@dpor.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 the review 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.

COMMONWEALTH TRANSPORTATION BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Commonwealth Transportation Board conducted a small business impact review of 24VAC30-91, Subdivision Street Requirements, and determined that this regulation should be retained in its current form. The Commonwealth Transportation Board is publishing its report of findings dated June 28, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The Subdivision Street Requirements regulation has a positive impact on state resources as well as small businesses. This regulation helps reduce long-term traffic congestion and supports and promotes more economic activity and better transportations systems.

Contact Information: Steven Jack, Policy Regulatory Manager, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, or email steven.jack@vdot.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Commonwealth Transportation Board conducted a small business impact review of 24VAC30-92, Secondary Street Acceptance Requirements, and determined that this regulation should be retained in its current form. The Commonwealth Transportation Board is publishing its report of findings dated April 19, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The Secondary Street Acceptance Requirements regulation has a positive impact on state resources as well as small businesses. This regulation helps reduce long-term traffic congestion and supports and promotes more economic activity and better transportations systems.

Contact Information: Steven Jack, Policy Regulatory Manager, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, or email steven.jack@vdot.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Commonwealth Transportation Board conducted a small business impact review of 24VAC30-155, Traffic Impact Analysis Regulations, and determined that this regulation should be retained in its current form. The Commonwealth Transportation Board is publishing its report of findings dated March 26, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

There is a continued need for the regulation as it provides the most cost-effective means of analyzing and mitigating any potential adverse impacts on state-controlled highways with regards to comprehensive plans, amendments to comprehensive plans, and rezoning proposals. There have been no complaints received from the public to date. The Department of Transportation (VDOT) believes the regulation is not overly complex, and there is no overlap, duplication, or conflict with federal or state laws or regulations. Although this is the first full evaluation since the regulation was codified in 2007, there were amendments to the regulation in 2008, 2010, 2011, and 2014. Through the examination of the regulation, especially the thresholds set for site trip generation that trigger the need for a submission, VDOT has determined that the regulatory requirements currently minimize the economic impact of regulation on small businesses and thereby minimize the impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth.

Contact Information: Steven Jack, Policy Regulatory Manager, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, or email steven.jack@vdot.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Commonwealth Transportation Board conducted a small business impact review of 24VAC30-325, Urban Maintenance and Construction Policy, and determined that this regulation should be retained in its current form. The Commonwealth Transportation Board is publishing its report of findings dated June 28, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

There is a continued need for this regulation because it specifies the appropriate design standards to which urban highways should be constructed and maintained in order for the cities and towns in which those urban highways are located to be eligible for certain state funds and provides internal and external instructions in the administration of maintenance and construction payments for qualifying cities and towns. The regulation is not overly complex. There is no overlap, duplication, or conflict with federal or state law or regulation. The regulation does not impact small businesses, other than by promoting the efficient movement of people and commercial goods on urban highways.

Contact Information: Steven Jack, Policy Regulatory Manager, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, or email steven.jack@vdot.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Commonwealth Transportation Board conducted a small business impact review of 24VAC30-380, Public Hearings for Location and Design of Highway Construction Projects, and determined that this regulation should be retained in its current form. The Commonwealth Transportation Board is publishing its report of findings dated June 28, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation is needed for purposes of complying with state and federal laws and regulations regarding public involvement in transportation projects that are developed using public funds and where there are impacts to the natural and human environment resulting from these. The longevity of the regulation and the general awareness of its nature and purpose lead the Commonwealth Transportation Board to determine that it is sufficiently narrow and not overly complex. The regulation is seamlessly interwoven with federal and state laws and regulations and is structured to support their policy goals and objectives. In 2008, the regulation received a review resulting in some significant substantive changes, but the most recent periodic review was conducted in 2000. Technology that impacts the implementation and execution of activities required to comply with this regulation is constantly evolving and, in turn, may sometimes modify discrete public involvement procedures. These technology changes and improvements can make public involvement processes and activities easier to administer and more accommodating and meaningful to the public constituency that participates in them. However, in and of themselves, technology changes do not and should not serve as substitutes for the requirement to conduct said public involvement activities for publicly funded transportation projects as required by underlying federal and state laws and regulations.

Contact Information: Steven Jack, Policy Regulatory Manager, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, or email steven.jack@vdot.virginia.gov.

BOARD OF CORRECTIONS

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 Corrections 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).

6VAC15-26, Regulations for Human Subject Research

6VAC15-40, Minimum Standards for Jails and Lockups

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.

Public comment period begins August 19, 2019, and ends September 19, 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 James Bruce, Regulatory Coordinator, Department of Corrections, 6900 Atmore Drive, Richmond, VA 23225, telephone (804) 887-8215, or email james.bruce@vadoc.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 the review 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

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Environmental Quality conducted a small business impact review of 9VAC15-20, Guidelines for the Preparation of Environmental Impact Assessments for Oil or Gas Well Drilling Operations in Tidewater Virginia, and determined that this regulation should be retained in its current form. The Department of Environmental Quality (DEQ) is publishing its report of findings dated July 8, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation continues to be needed. The regulation identifies information to be submitted as part of the environmental impact assessment (EIA) prepared for oil and gas drilling projects in Tidewater, Virginia. This regulation assists the applicant with preparing an EIA that contains all of the required information to be reviewed.

The Southern Environmental Law Center submitted comments in support of retaining the regulation and encouraged DEQ to further strengthen the regulation to protect the environment and public health, safety, and welfare. The agency is retaining the regulation without changes.

The regulation details specific information to be included in the EIA. Some of this information is complex and technical in nature; however, entities developing and reviewing the EIA are familiar with the technical information required by the regulation.

This regulation is a state-only regulation, and there is no equivalent federal regulation. This regulation was last amended in 2014 to update references to statutes and regulations. The requirement for the EIA to be submitted for these projects is a state mandate. The components of the EIA are required to evaluate the impact these activities have on the environment and are equally applicable to small 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.

BOARD OF PHARMACY

Placement of Chemicals in Schedule I of the Drug Control Act

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 9:05 a.m. on September 25, 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 September 11, 2019, to Caroline Juran, Executive Director of the Board of Pharmacy, at caroline.juran@dhp.virginia.gov.

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

The following compounds are classified as powerful synthetic opioids. 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. N-[2-(dimethylamino)cyclohexyl]-N-phenylfuran-2-carboxamide (other name: Furanyl UF-17), 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.

2. N-[2-(dimethylamino)cyclohexyl]-N-phenylpropionamide (other name: UF-17), 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. 5-methoxy-N,N-dibutyltryptamine (other name: 5-methoxy-DBT), 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-benzodioxol-5-yl)-2-(ethylamino)-1-butanone (other name: Eutylone, bk-EBDB), 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.

3. 1-(1,3-benzodioxol-5-yl)-2-(butylamino)-1-pentanone (other name: N-butylpentylone), 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.

4. N-benzyl-3,4-dimethoxyamphetamine (other name: N-benzyl-3,4-DMA), 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.

5. 3,4-methylenedioxy-N-benzylcathinone (other name: BMDP), 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.

The following compounds are classified as cannabimimetic agents. Compounds of this type have been placed in Schedule I (subdivision 6 of § 54.1-3446 of the Code of Virginia) in previous legislative sessions:

1. Ethyl 2-({1-[(4-fluorophenyl)methyl]-1H-indazole-3-carbonyl}amino)-3-methylbutanoate (other name: EMB-FUBINACA), its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

2. Methyl 2-[1-4-fluorobutyl)-1H-indazole-3-carboxamido]-3,3-dimethylbutanoate (other name: 4-fluoro-MDMB-BUTINACA), its salts, isomers, 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, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4456, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION

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 Professional and Occupational Regulation is conducting a periodic review and small business impact review of 18VAC120-40, Virginia Professional Boxing and Wrestling Events 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.

Public comment period begins August 19, 2019, and ends September 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 Kathleen R. Nosbisch, Executive Director, Boxing, Martial Arts, and Professional Wrestling Advisory Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866) 465-6206, or email apelscidla@dpor.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.

REAL ESTATE APPRAISER BOARD

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 Real Estate Appraiser Board 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).

18VAC130-11, Public Participation Guidelines

18VAC130-20, Real Estate Appraiser Board Rules and Regulations

18VAC130-30, Appraisal Management Company Regulations

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.

Public comment period begins August 19, 2019, and ends September 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 Christine Martine, Executive Director, Real Estate Appraiser Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, FAX (866) 826-8863, or email reappraisers@dpor.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 the review 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

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 9VAC20-15, Regulation for Dispute Resolution. 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.

Public comment period begins August 19, 2019, and ends September 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 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.

STATE WATER CONTROL BOARD

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 9VAC25-15, Regulation for Dispute Resolution. 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.

Public comment period begins August 19, 2019, and ends September 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 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.

Proposed Consent Special Order for Auto Connection Inc.

An enforcement action is proposed for Auto Connection Inc. for alleged violations that occurred at 5300 Midlothian Turnpike, Richmond, Virginia. The State Water Control Board proposes to issue a consent special order to Auto Connection Inc. 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, from August 19, 2019, to September 19, 2019.

Proposed Consent Order for Nelson County Service Authority

An enforcement action has been proposed for Nelson County Service Authority (NCSA) for violations at the Schuyler sewage treatment plant. The State Water Control Board proposes to issue a consent order with penalty and injunctive relief to NCSA 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 August 19, 2019, to September 18, 2019.

Proposed Consent Special Order for S.B. Ballard Construction Company

An enforcement action is proposed for S.B. Ballard Construction Company for alleged violations of the State Water Control Law occurring at the Training Support Facility, Fort Lee, Virginia. The State Water Control Board proposes to issue a consent special order that is available for review and comment at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Comments can be made from August 19, 2019, to September 19, 2019 by email to jefferson.reynolds@deq.virginia.gov or postal mail to Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060.

Proposed Consent Order for Scott-II Solar LLC

The State Water Control Board has proposed an enforcement action for Scott-II Solar LLC for property (ID#038-28) located in Powhatan County, Virginia. The board proposes to issue a consent order to address noncompliance with State Water Control Law and regulations. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at frank.lupini@deq.virginia.gov, FAX at (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949A Cox Road, Glen Allen, VA 23060, from August 19, 2019, to September 20, 2019.

Proposed Consent Order for Sumner Hood LLC

An enforcement action has been proposed for Sumner Hood LLC for violations of the State Water Control Law and regulations at the Royal Farms Route One and Hood Drive construction site located in Spotsylvania County, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Jim Datko will accept comments by email at james.datko@deq.virginia.gov or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from August 20, 2019, through September 19, 2019.

Proposed Consent Special Order for Tarrington Holdings LLC

An enforcement action is proposed for Tarrington Holdings LLC for alleged violations of the State Water Control Law occurring at the Tarrington on the James subdivision in Chesterfield County, Virginia. The State Water Control Board proposes to issue a consent special order to Tarrington Holdings LLC that is available for review and comment at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Comments can be made from August 19, 2019, to September 19, 2019, 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.

Proposed Consent Order for the Sentara RMH Medical Center

An enforcement action has been proposed for the Sentara RMH Medical Center (Sentara) facility in Harrisonburg, Virginia. The Virginia Waste Management Board proposes to issue a consent order to Sentara to address compliance matters associated with Virginia Hazardous Waste Management Regulations. 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 August 19, 2019, to September 18, 2019.

Public Meeting and Notice of Public Comment for a TMDL Implementation Plan for the Mattaponi River Watershed in Caroline, King and Queen, King William, Orange, and Spotsylvania Counties, Virginia

Public meeting: A public meeting to present a draft total maximum daily load (TMDL) implementation plan (IP) will be held on Tuesday, September 10, 2019, from 4:30 p.m. until 6:30 p.m. in the Bowling Green Town Hall, 117 Butler Street, Bowling Green, VA 22427. The IP contains implementation strategies to address excess bacteria in local area streams.

Purpose of notice: The Department of Environmental Quality (DEQ) will present and discuss with community members a draft TMDL IP for the Mattaponi River Watershed. The plan explains the pollutant reductions needed to meet the targets contained in a 2016 TMDL report prepared for the watershed. The IP report recommends a specific set of voluntary best management practices for agricultural lands, residential septic systems, and developed lands to reduce bacteria entering area streams. There will be a 30-day public comment period for interested stakeholders to comment on the draft plan. Written comments will be accepted from September 11, 2019, to October 11, 2019. Directions for how to submit a comment are provided at the end of this notice. Throughout the 30-day public comment period, the draft IP can be found online at https://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs /TMDL/TMDLImplementation/TMDL ImplementationPlans.aspx.

Description of study: Portions of Brock Run, Chapel Creek, Doctors Creek, Glady Run, Maracossic Creek, Mat River, Matta River, Mattaponi River, Motto River, Po River, Polecat Creek, Poni River, Reedy Creek, and Root Swamp do not meet their "recreational use" water quality standards. Accordingly, these streams are listed on the § 303(d) TMDL Priority List and Report as impaired due to violations of Virginia's recreational use water quality standards from excess levels of E. coli bacteria. The recommended set of management practices included in the TMDL IP are designed to reduce bacteria levels by the amount needed to allow attainment of the water quality standard. The IP satisfies a requirement of Virginia's 1997 Water Quality Monitoring, Information, and Restoration Act (§§ 62.1-44.19:4 through 62.1-44.19:8 of the Code of Virginia).

How to comment and participate: This meeting is open to the public and all interested parties are welcome. A public comment period on the TMDL IP will begin on September 11, 2019, and end October 11, 2019. All comments must be written and submitted via postal mail or email by 11:59 p.m. on October 11, 2019. Comments must include the name, address, and telephone number of the person submitting them. Please submit written comments to David Evans, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3835, or email david.evans@deq.virginia.gov.

For more information on this study, please contact David Evans via phone, email, or postal mail at the contact information listed. All materials related to this project will be posted on the DEQ website under the "Mattaponi River TMDL Implementation Plan" section.

BOARD FOR WATERWORKS AND WASTEWATER WORKS OPERATORS AND ONSITE SEWAGE SYSTEM PROFESSIONALS

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 for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals is conducting a periodic review and small business impact review of 18VAC160-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

Public comment period begins August 19, 2019, and ends September 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 Trisha Henshaw, Executive Director, Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8595, FAX (866) 350-5354, or email waterwasteoper@dpor.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 WORKERS' COMPENSATION COMMISSION

Public Comment on Proposed 2020 Medical Fee Schedules and Ground Rules and Proposed Amendments to the Medical Fee Schedule Regulation

The Virginia Workers' Compensation Commission is accepting public comment on (i) the proposed 2020 medical fee schedules and ground rules that will establish the maximum fees for fee scheduled medical services rendered to injured workers pursuant to the Virginia Workers' Compensation Act (§ 65.2-100 et seq. of Title 65.2 of the Code of Virginia) during the period from January 1, 2020, through December 31, 2021 and (ii) amendments to Medical Fee Schedules Regulations (16VAC30-110) that will implement the 2020 medical fee schedules and ground rules.

A summary of the changes made to the 2018 fee schedules that resulted in the proposed 2020 fee schedules may be accessed at http://websiteqa/documents/2020-medical-fee-schedules-summary-changes.

The proposed 2020 fee schedules may be accessed at http://websiteqa/content/2020-virginia-medical-fee-schedules.

The proposed 2020 ground rules may be accessed at http://websiteqa/documents/2020-medical-fee-schedules-ground-rules.

The proposed regulation amendments to 16VAC20-110 may be accessed at http://websiteqa/documents/proposed-amended-mfs-regulations.

Persons wishing to provide written comment are encouraged to do so electronically at http://www.workcomp.virginia.gov/content/Medical-Fee-Schedule-Special-Notice. Written comments also may be submitted via email to drema.thompson@workcomp.virginia.gov or by mail to Drema Thompson, Medical Fee Services Manager, Virginia Workers' Compensation Commission, 333 East Franklin Street, Richmond, VA 23219. Written comments will be accepted through August 30. 2019.

Contact Information: Drema Thompson, Medical Fee Services Manager, Virginia Workers' Compensation Commission, 333 East Franklin Street, Richmond, VA 23219, telephone (804) 774-4169, FAX (804) 823-6932, or email drema.thompson@workcomp.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.