TITLE 9. ENVIRONMENT
Permits for Stationary Sources (Rev. K16)
Notice of Intended Regulatory Action
 
 Notice is hereby given in accordance with § 2.2-4007.01 of the
 Code of Virginia that the Air Pollution Control Board intends to consider
 amending 9VAC5-80, Permits for Stationary Sources (Rev. K16). Title V of
 the 1990 Clean Air Act requires that states develop permit fee programs to pay
 for all of the direct and indirect costs of the state's Title V Permit Program.
 Virginia's Title V Permit Program is projected to become underfunded in fiscal
 year (FY) 2018 because air emission fee revenue is decreasing and because the
 fee schedule does not reflect actual costs of the program. The intent of this
 regulatory action is to comply with state and federal requirements to fully
 fund Virginia's Title V Permit Program. The goal of this proposed action is to
 increase Title V fees enough to fully fund the Title V program, to restructure
 the existing Title V fee schedule to better reflect actual costs of the
 program, and to make other amendments determined to be necessary including
 clarification of the regulatory text.
 
 The agency intends to hold a public hearing on the proposed
 action after publication in the Virginia Register. 
 
 Statutory Authority: § 10.1-1308 of the Code of
 Virginia; §§ 110, 112, 165, 173, 182, and Title V of the federal Clean Air
 Act; 40 CFR Parts 51, 61, 63, 63, 70, and 72.
 
 Public Comment Deadline: February 8, 2017.
 
 Agency Contact: Gary E. Graham, Department of
 Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218,
 telephone (804) 698-4103, or email gary.graham@deq.virginia.gov.
 
 VA.R. Doc. No. R17-4981; Filed December 16, 2016, 6:42 p.m. 
TITLE 9. ENVIRONMENT
General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Potable Water Treatment Plants
Notice of Intended Regulatory Action
 
 Notice is hereby given in accordance with § 2.2-4007.01 of the
 Code of Virginia that the State Water Control Board intends to consider
 amending 9VAC25-860, General Virginia Pollutant Discharge Elimination System
 (VPDES) Permit for Potable Water Treatment Plants. The purpose of the
 proposed action is to establish appropriate and necessary permitting
 requirements for discharges of wastewater from potable water treatment plants.
 The proposed regulation will set forth standard language for effluent
 limitations and monitoring requirements necessary to regulate this category of
 dischargers. These discharges are considered to be point sources of pollutants
 and thus are subject to regulation under the VPDES permit program. The permit
 regulation specifies requirements that protect water quality below the
 discharge and that is essential to protect the health, safety, or welfare of
 citizens. 
 
 The primary issue that needs to be addressed is that the
 existing general permit expires on June 30, 2018, and must be reissued in order
 to continue making it available after that date. Other issues that need
 consideration are: whether authorization to discharge should consider
 facilities with groundwater contamination, whether the registration statement
 requirements need to be clarified, whether the numerical limits and special
 conditions are still appropriate, whether land application requirements for
 water treatment residuals should be added, and whether the whole effluent
 toxicity requirements need to be adjusted. The regulation will also be reviewed
 for clarity based on questions raised during the implementation of the 2013
 permit, if any additional conditions or other revisions are needed to make the
 potable water treatment plant general permit consistent with other types of
 general permits reissued since 2013, or any other issues raised during public
 comment and technical advisory committee discussions.
 
 In addition, pursuant to Executive Order 17 (2014) and §
 2.2-4007.1 of the Code of Virginia, the agency is conducting a periodic review
 and small business impact review of this regulation to determine whether this
 regulation should be terminated, 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; (iii) is designed to achieve its intended objective in the most
 efficient, cost-effective manner; (iv) is clearly written and easily
 understandable; (v) overlaps, duplicates, or conflicts with federal or state
 law or regulation; and (vi) whether technology, economic conditions, or other
 factors have changed in the area affected by the regulation since the last
 review.
 
 The agency intends to hold a public hearing on the proposed
 action after publication in the Virginia Register. 
 
 Statutory Authority: § 62.1-44.15 of the Code of
 Virginia.
 
 Public Comment Deadline: February 8, 2017.
 
 Agency Contact: Elleanore Daub, Department of
 Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218,
 telephone (804) 698-4067, FAX (804) 698-4032, TTY (804) 698-4021, or email
 elleanore.daub@deq.virginia.gov.
 
 VA.R. Doc. No. R17-5011; Filed December 16, 2016, 8:37 a.m. 
TITLE 12. HEALTH
Family Access to Medical Insurance Security Plan
Notice of Intended Regulatory Action
 
 Notice is hereby given in accordance with § 2.2-4007.01 of the
 Code of Virginia that the Board of Medical Assistance Services intends to
 consider amending 12VAC30-141, Family Access to Medical Insurance Security
 Plan. The purpose of the proposed action is to update the FAMIS and FAMIS
 MOMS regulations after a periodic review. Regulations currently in place
 describe the implementation and oversight of the state's Children's Health
 Insurance Program (CHIP) (known in Virginia as the Family Access to Medical Insurance
 Security (FAMIS) Plan) and the CHIP waiver program for pregnant women known as
 FAMIS MOMS. Effective January 1, 2014, the Affordable Care Act required
 eligibility for health coverage under all health insurance affordability
 programs, including CHIP, to be based on a new modified adjusted gross income
 (MAGI) methodology. Calculating an applicant's MAGI eligibility entails
 defining household composition and executing income-counting procedures based
 on U.S. Internal Revenue Service rules. Federal law requires these changes to
 be made in the State Child Health Plan under Title XXI of the Social Security
 Act. Amendments under consideration would incorporate the required changes in
 eligibility determination standards and updates to operational processes supporting
 eligibility and renewal actions. Because the FAMIS MOMS program operates as a
 CHIP waiver, corresponding regulations related to FAMIS MOMS are also affected.
 
 
 The agency does not intend to hold a public hearing on the
 proposed action after publication in the Virginia Register. 
 
 Statutory Authority: § 32.1-325 of the Code of
 Virginia.
 
 Public Comment Deadline: February 8, 2017.
 
 Agency Contact: Emily McClellan, Regulatory Supervisor,
 Department of Medical Assistance Services, Policy Division, 600 East Broad
 Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804)
 786-1680, or email emily.mcclellan@dmas.virginia.gov.
 
 VA.R. Doc. No. R17-4662; Filed December 19, 2016, 11:57 a.m. 
TITLE 22. SOCIAL SERVICES
Auxiliary Grants Program
Notice of Intended Regulatory Action
 
 Notice is hereby given in accordance with § 2.2-4007.01 of the
 Code of Virginia that the Department for Aging and Rehabilitative Services
 intends to consider amending 22VAC30-80, Auxiliary Grants Program. The
 purpose of the proposed action is to add supportive housing as an option for
 individuals receiving the auxiliary grant. The regulation needs to be amended
 to provide clear guidance regarding the supportive housing setting, which is a
 new living arrangement that individuals who receive auxiliary payments may
 choose, in accordance with Chapter 567 of the 2016 Acts of Assembly. The goals
 of this amended regulation are to (i) add information about supportive housing
 as a new setting for auxiliary grants, (ii) define requirements for providers
 of the supportive housing setting, (iii) clarify providers responsibilities for
 each setting, and (iv) update terminology and other provisions for the
 Auxiliary Grant Program.
 
 The agency does not intend to hold a public hearing on the
 proposed action after publication in the Virginia Register. 
 
 Statutory Authority: §§ 51.5-131 and 51.5-160 of the
 Code of Virginia.
 
 Public Comment Deadline: February 9, 2017.
 
 Agency Contact: Tishaun Harris-Ugworji, Program
 Consultant, Department for Aging and Rehabilitative Services, 8004 Franklin
 Farms Drive, Richmond, VA 23229, telephone (804) 662-7531, or email
 tishaun.harrisugworji@dars.virginia.gov.
 
 VA.R. Doc. No. R17-4816; Filed December 16, 2016, 4:22 p.m.