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 9VAC25-820, General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia. The purpose of the proposed action is to amend and reissue the existing general permit that expires on December 31, 2021. The general permit governs facilities holding individual VPDES permits that discharge or propose to discharge total nitrogen or total phosphorus to the Chesapeake Bay or its tributaries. The facilities are authorized to discharge to surface waters and exchange credits for total nitrogen or total phosphorus. The permit must be reissued to continue making the permit available after December 31, 2021.

In addition, this regulation will undergo a periodic review pursuant to Executive Order 14 (as amended July 16, 2018) and a small business impact review pursuant to § 2.2-4007.1 of the Code of Virginia to determine whether this regulation should be repealed, amended, or retained in its current form.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 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: March 4, 2020.

Agency Contact: Emilee Adamson, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698‑4355, FAX (804) 698‑4032, or email emilee.adamson@deq.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Medical Assistance Services has WITHDRAWN the Notice of Intended Regulatory Action (NOIRA) for 12VAC30-60, Standards Established and Methods Used to Assure High Quality Care, which was published in 35:6 VA.R. 956 November 12, 2018.

The NOIRA is unnecessary as the agency is proceeding with this regulatory action through the fast-track rulemaking process under § 2.2-4012.1 of the Code of Virginia. The fast-track rulemaking action was published in 36:6 VA.R. 845-847 November 11, 2019.

Statutory Authority: § 32.1-325 of the Code of Virginia; 42 USC § 1396 et seq.

Agency Contact: Emily McClellan, Regulatory Supervisor, Policy Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, or email emily.mcclellan@dmas.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Nursing intends to consider amending 18VAC90-27, Regulations for Nursing Education Programs. The purpose of the proposed action is to adopt definitions and qualifications for the use of simulation in lieu of direct client care hours in fulfillment of the clinical hour requirements for nursing education programs. Proposed amendments (i) define terms, (ii) require faculty supervising clinical practice by simulation to have knowledge and skills in the methodology, (iii) clarify that the 50% limitation on the number of clinical hours that can be fulfilled by simulation applies to the hours in different specialties and population groups across the life span, and (iv) require knowledgeable faculty to be present during the simulation experience.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 54.1-2400 and 54.1-3005 of the Code of Virginia.

Public Comment Deadline: March 4, 2020.

Agency Contact: Jay P. Douglas, R.N., Executive Director, Board of Nursing, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4520, FAX (804) 527-4455, or email jay.douglas@dhp.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services intends to consider amending 22VAC40-131, Standards for Licensed Child-Placing Agencies. The purpose of the proposed action is to align the regulation with federal and state law and regulation, including the federal Foster Connections to Success and Increasing Adoptions Act of 2008, Preventing Sex Trafficking and Strengthening Families Act of 2014, and Family First Prevention Services Act of 2018; Chapters 282, 297, 446, and 688 of the 2019 Acts of Assembly; and Permanency Services-Prevention, Foster Care, Adoption and Independent Living (22VAC40-201) and Foster and Adoptive Home Approval Standards for Local Departments of Social Services (22VAC40-211).

The proposed action will add definitions, clarify requirements, and provide technical edits and any other changes deemed necessary after public comment and review. Proposed substantive amendments include (i) guidelines for foster and adoptive parents to make reasonable and prudent parenting decisions for children in their care; (ii) requirements to provide children and youth in foster care normal life experiences comparable to children and youth who are not in foster care; (iii) delegation of parental and legal custodial powers of children; (iv) service planning and family reunification; (v) treatment-based placement option for children in foster care with behavioral and emotional needs; (vi) prevention of shaken baby syndrome; (vii) updated training requirements for licensed child agency staff and foster and adoptive parents to include reasonable and prudent parenting and normalcy for children and youth in foster care; (viii) foster and adoptive parent mandatory child abuse and neglect reporting requirements; (ix) foster care services for youth released from the Virginia Department of Juvenile Justice who were in foster care immediately prior to commitment; (x) requirements to expand independent living services for eligible youth 18 to 21 years of age; (xi) provision of documents to a child leaving foster care upon reaching 18 years of age; (xii) medical and dental examinations for children in foster care; (xiii) medication management; (xiv) an updated program statement and description requirements; (xv) social history requirements for children younger than one year of age; (xvi) removal of the term "resource" and phrase "resource parent"; (xvii) records management; and (xviii) Fostering Futures Program services for youth who were in foster care on their 18th birthday through 21 years of age.

In addition, this regulation will undergo a periodic review pursuant to Executive Order 14 (as amended July 16, 2018) and a small business impact review pursuant to § 2.2-4007.1 of the Code of Virginia 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 agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 63.2-217, 63.2-1701, and 63.2-1734 of the Code of Virginia.

Public Comment Deadline: March 4, 2020.

Agency Contact: Tammy Trestrail, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7132, or email tammy.trestrail@dss.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Social Services intends to consider amending 22VAC40-151, Standards for Licensed Children's Residential Facilities. The purpose of the proposed action is to align the regulation with the state and the federal Foster Connections to Success and Increasing Adoptions Act of 2008, Preventing Sex Trafficking and Strengthening Families Act of 2014, and the Family First Prevention Services Act of 2018 and update the regulation. Proposed amendments include (i) establishing standards and training for normalcy and reasonable and prudent parenting for children in foster care; (ii) updating annual training requirements; (iii) adding training requirements that cover topics such as shaken baby syndrome and behavioral interventions for infants and toddlers residing with their parents; (iv) updating relief staff requirements; (v) adding a requirement to review and update the behavior support plan; (vi) clarifying fire inspection requirements; (vii) updating and clarifying responsibilities to ensure educational needs of children are met; (viii) adding a requirement that religious participation policies be provided to children and individuals or agencies prior to admission to the facility; and (ix) adding definitions, clarifying language, and making technical edits necessary for clarification of existing requirements and any other changes deemed necessary after public comment and review.

In addition, this regulation will undergo a periodic review pursuant to Executive Order 14 (as amended July 16, 2018) and a small business impact review pursuant to § 2.2-4007.1 of the Code of Virginia 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 agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 63.2-217 and 63.2-1737 of the Code of Virginia.

Public Comment Deadline: March 4, 2020.

Agency Contact: Tammy Trestrail, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726‑7132, or email tammy.trestrail@dss.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Commission on the Virginia Alcohol Safety Action Program intends to consider amending 24VAC35-60, Ignition Interlock Program Regulations. The primary purpose of the proposed action is to amend the regulations to incorporate the use of global positioning system technology to more effectively detect and prosecute ignition interlock circumvention cases. Other proposed amendments include (i) adding conditions under which an ignition interlock service provider or technician may be decertified for cause; (ii) bringing the decertification appeal process into compliance with the Administrative Process Act; and (iii) making other minor changes with regard to ignition interlock device operation, installation, and calibration.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 18.2 -270.2 of the Code of Virginia.

Public Comment Deadline: March 4, 2020.

Agency Contact: Richard Foy, Field Service Specialist, Commission on the Virginia Alcohol Safety Action Program, 701 East Franklin Street, Suite 1110, Richmond, VA 23219, telephone (804) 786‑5895, or email rfoy@vasap.virginia.gov.