VIRGINIA EMPLOYMENT COMMISSION

Small Business Impact Review

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Employment Commission will review 16VAC5-10 through 16VAC5-80, the regulations and general rules affecting unemployment compensation, to determine whether the regulations should be continued without change, amended, or repealed, consistent with stated objectives of applicable law, to minimize the economic impact of regulations on small businesses. The deadline for public comment is October 12, 2011.

Contact Information: Coleman Walsh, Chief Administrative Law Judge, Virginia Employment Commission, 703 East Main Street, Room 126, Richmond, VA 23219, telephone (804) 786-7263, FAX (804) 786-9034, or email coleman.walsh@vec.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Consent Order for Dr. Lawrence V. Phillips

An enforcement action has been proposed for Dr. Lawrence V. Phillips for violations of the State Water Control Law and Regulations in Loudoun County associated with the Highlands Development. The consent order describes a settlement to resolve violations of the State Water Control Law and Regulations. A description of the proposed action is available at the Department of Environmental Quality (DEQ) office named below or online at www.deq.virginia.gov. Stephanie Bellotti will accept comments by email at stephanie.bellotti@deq.virginia.gov, FAX (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from September 13, 2011, through October 13, 2011.

Proposed Consent Order for Potomac Electric Power Company

An enforcement action has been proposed for Potomac Electric Power Company for violations of State Water Control Law and Regulations, resulting from an oil discharge to state waters and land at the Potomac Electric Power Company substation located at 1300 K N. Royal Street, in Alexandria, Virginia. The consent order describes a settlement to resolve these violations. A description of the proposed action is available at the Department of Environmental Quality (DEQ) office named below or online at www.deq.virginia.gov. Stephanie Bellotti will accept comments by email at stephanie.bellotti@deq.virginia.gov, FAX (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from September 13, 2011, through October 13, 2011.

Proposed Consent Order for Shrine Mont, Inc.

An enforcement action has been proposed for Shrine Mont, Inc. for violations in Shenandoah County. A proposed consent order describes a settlement to resolve permit effluent limitation violations at its STP. A description of the proposed action is available at the Department of Environmental Quality (DEQ) office named below or online at www.deq.virginia.gov. Steven W. Hetrick will accept comments by email at steven.hetrick@deq.virginia.gov, FAX (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 22801, from September 12, 2011, to October 12, 2011.

Proposed State Implementation Plan Revision

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed revision to the Commonwealth of Virginia State Implementation Plan (SIP). The SIP is a plan developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act. The Commonwealth intends to submit relevant portions of the amended regulations to EPA as revisions to the SIP in accordance with the requirements of § 110(a) of the federal Clean Air Act.

Regulations affected: The regulations of the board affected by this action are as follows: Emission Standards for Municipal Solid Waste Landfills, Article 43 of 9VAC5-40, Existing Stationary Sources; Environmental Protection Agency Standards of Performance for New Stationary Sources, Article 5 of 9VAC5-50, New and Modified Stationary Sources; and Regulation for Open Burning, 9VAC5-130.

Purpose of notice: DEQ is seeking comment on the issue of whether the regulation amendments should be submitted as a revision to the SIP.

Public comment period: August 15, 2011, to September 14, 2011.

Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed below. In order to be considered, the request must include the full name, address, and telephone number of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be conducted.

Public comment stage: The regulation amendments are exempt from the state administrative procedures for adoption of regulations contained in Article 2 of the Administrative Process Act by the provisions of § 2.2-4006 A 3 of the Code of Virginia as they are changes in form, style, and technical corrections. Since the amendments are exempt from administrative procedures for the adoption of regulations, DEQ is accepting comment only on the issue cited in this notice under "purpose of notice" and not on the content of the regulation amendments.

Description of proposal: In essence, the proposed revision will consist of amendments to existing regulation provisions to update regulatory cross-references. The Solid Waste Management Regulations were amended and recodified to create a new chapter 9VAC20-81, which became effective March 16, 2011. It is now necessary to update the citations to the Solid Waste Management Regulations in the State Air Pollution Control Board's regulations.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law. Except as noted below, the proposal 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. It is planned to submit the provisions of the proposal relevant to Article 43 of 9VAC5-40 and 9VAC5-130 as revisions to the Commonwealth of Virginia SIP. The provisions of Article 5 of 9VAC5-50 are not part of the Commonwealth's SIP; those provisions will be provided for information only and not as part of the SIP.

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 by the last day of the comment period. Commenters submitting faxes are encouraged to provide the signed original by postal mail within one week. All testimony, exhibits, and documents received are part of the public record.

To review regulation documents: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website (http://www.deq.state.va.us/air/permitting/planotes.html). The documents may also be obtained by contacting the DEQ representative named below. The public may review the documents between 8:30 a.m. and 4:30 p.m. of each business day until the close of the public comment period at the following DEQ locations:

1) Main Street Office, 629 East Main Street, 8th Floor, Richmond, VA, telephone (804) 698-4070,

2) Southwest Regional Office, 355 Deadmore Street, Abingdon, VA, telephone (540) 676-4800,

3) Blue Ridge Regional Office, Roanoke Location, 3019 Peters Creek Road, Roanoke, VA, telephone (540) 562-6700,

4) Blue Ridge Regional Office, Lynchburg Location, 7705 Timberlake Road, Lynchburg, VA, telephone (804) 582-5120,

5) Valley Regional Office, 4411 Early Road, Harrisonburg, VA, telephone (540) 574-7800,

6) Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA, telephone (804) 527-5020,

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

8) Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA, telephone (757) 518-2000.

Contact Information: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street,

P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or mail karen.sabasteanski@deq.virginia.gov.

Total Maximum Daily Loads for Several Tributaries to the Potomac River

Announcement of total maximum daily load (TMDL) studies to restore water quality in the bacteria impaired waters of Powells Creek, Quantico Creek, South Fork Quantico Creek, North Branch Chopawamsic Creek, Aquia Creek, Austin Run, Accokeek Creek, Potomac Creek, Potomac Run, and an Unnamed Tributary to the Potomac River.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Virginia Department of Conservation and Recreation (DCR) announce the second Technical Advisory Committee (TAC) meeting to address the development of total maximum daily loads (TMDLs) for several tributaries to the Potomac River.

Technical advisory committee meeting: Monday, September 19, 2011, 9 a.m. to 11 a.m., Stafford County Administration Building Center, Conference Rooms A, B, and C, 1300 Courthouse Road, Stafford, VA 22554.

Meeting description: This is the second TAC meeting to address the bacteria TMDL studies for Powells Creek, Quantico Creek, South Fork Quantico Creek, North Branch Chopawamsic Creek, Aquia Creek, Austin Run, Accokeek Creek, Potomac Creek, Potomac Run, and an Unnamed Tributary to the Potomac River. The purpose of the TAC is to provide technical input and insight for the project, and to assist with stakeholder and public participation.

Description of study: Portions of the following streams have been identified as impaired on the Clean Water Act § 303(d) list for not supporting Virginia's water quality recreational use standard due to exceedances of the bacteria criterion:

Virginia agencies are working to identify sources of bacteria contamination in these stream segments. During this study, DEQ will develop a total maximum daily load (TMDL) for each of the impaired stream segments. A TMDL is the total

amount of a pollutant a water body can receive and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL allocated amount.

How to comment: The public comment period on the materials presented at the TAC meeting will extend from September 19, 2011, to October 19, 2011. DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting, and be received by DEQ during the comment period. Please send all comments to the contact listed below.

Contact for additional information: Jennifer Carlson, Virginia Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3859, or email jennifer.carlson@deq.virginia.gov.

Total Maximum Daily Load Studies for Sugarland Run, Mine Run, and Pimmit Run

Announcement of total maximum daily load (TMDL) studies to restore water quality in the bacteria impaired waters of Sugarland Run, Mine Run, and Pimmit Run.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Virginia Department of Conservation and Recreation (DCR) announce the second Technical Advisory Committee (TAC) meeting to address the development of total maximum daily loads (TMDLs) for several tributaries to the Potomac River.

Technical advisory committee meeting: Wednesday, September 14, 2011, 1:30 p.m. to 3:30 p.m., Great Falls Library, 9830 Georgetown Pike, Meeting Room, Great Falls, VA 22066.

Meeting description: This is the second TAC meeting to address the bacteria TMDL studies for Sugarland Run, Mine Run, and Pimmit Run. The purpose of the TAC is to provide technical input and insight for the project, and to assist with stakeholder and public participation.

Description of study: Portions of the following streams have been identified as impaired on the Clean Water Act § 303(d) list for not supporting Virginia's water quality recreational use standard due to exceedances of the bacteria criterion:

Virginia agencies are working to identify sources of bacteria contamination in these stream segments. During this study, DEQ will develop a total maximum daily load (TMDL) for each of the impaired stream segments. A TMDL is the total amount of a pollutant a water body can receive and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL allocated amount.

How to comment: The public comment period on the materials presented at the TAC meeting will extend from September 14, 2011, to October 14, 2011. DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting, and be received by DEQ during the comment period. Please send all comments to the contact listed below.

Contact for additional information: Jennifer Carlson, Virginia Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3859, or email jennifer.carlson@deq.virginia.gov.

BOARD FOR GEOLOGY

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2.-4017 of the Code of Virginia, the Board for Geology is conducting a periodic review of 18VAC70-11, Public Participation Guidelines.

The review of this regulation will be guided by the principles in Executive Order 14 (2010) (http://www.governor.virginia.gov/Issues/ExecutiveOrders/2010/EO-14.cfm) and § 2.2-4007.1 of the Code of Virginia (http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+2.2-4007.1).

The purpose of this review is 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 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 September 12, 2011, and ends on October 3, 2011.

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 David E. Dick, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8595, FAX (866) 350-5354, email geology@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 periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2.-4017 of the Code of Virginia, the Board for Geology is conducting a periodic review of 18VAC70-20, Rules and Regulations for the Virginia Board for Geology.

The review of this regulation will be guided by the principles in Executive Order 14 (2010) (http://www.governor.virginia.gov/Issues/ExecutiveOrders/2010/EO-14.cfm) and § 2.2-4007.1 of the Code of Virginia (http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+2.2-4007.1).

The purpose of this review is 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 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 September 12, 2011, and ends on October 3, 2011.

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 David E. Dick, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8595, FAX (866) 350-5354, email geology@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 periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on August 16, 2011, August 17, 2011, and August 23, 2011. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, VA.

Director's Order Number Seventy-Five (11)

Virginia's Instant Game Lottery 1228; "King of Cash" Final Rules for Game Operation (effective on August 15, 2011)

Director's Order Number Seventy-Seven (11)

Virginia Lottery's "Lottery Match Monthly Raffle" Final Rules for Game Operation (effective on August 23, 2011)

Director's Order Number Seventy-Eight (11)

"Hess Double Play Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Rules (effective on August 15, 2011, and remain in full force and effect until ninety (90) days after the conclusion of the Incentive Program, unless otherwise extended by the Director. Upon the effective date, the rules supersede and replace any and all prior Virginia Lottery "Hess Double Play Retailer Incentive Promotion" game rules)

Director's Order Number Seventy-Nine (11)

Virginia Lottery's "Hail to the Redskins Sweepstakes" Final Rules for Game Operation (effective on August 17, 2011, and remain in full force and effect unless amended or rescinded by further Director's Order. Upon the effective date, the rules supersede and replace any and all prior Virginia Lottery "Hail to the Redskins Sweepstakes" game rules)

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Non-Payment for Provider-Preventable Conditions

Notice of Intent to Amend the Virginia State Plan for Medical Assistance (Pursuant to § 1902(a)(13) of the Act(U.S.C. 1396a(a)(13))

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 payment for provider-preventable conditions, including health care acquired conditions, as required by Section 2702 of the Affordable Care Act and the implementing federal rule published on June 6, 2011.

DMAS intends to adopt the minimum requirements under the federal rule (FR 76:108, 6/6/2011, p 32816) prohibiting payment for health care acquired conditions in inpatient hospital settings and the following other provider-preventable conditions occurring in any health care setting: (i) wrong surgical or other invasive procedure performed on a patient; (ii) surgical or other invasive procedure performed on the wrong body part; or (iii) surgical or other invasive procedure performed on the wrong patient. DMAS expects only a minimal reduction in annual aggregate expenditures and has therefore not estimated a fiscal impact. The agency is making changes required by the federal rule to protect Medicaid beneficiaries and the Medicaid program by prohibiting payments for services related to provider-preventable conditions. Comments can be mailed to or copies of proposed changes can be requested from Carla Russell, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219.

Contact Information: Brian McCormick, Regulatory Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-8856, FAX (804) 786-1680, TDD (800) 343-0634, or email brian.mccormick@dmas.virginia.gov.

STATE WATER CONTROL BOARD

Notice of Opportunity to Serve on a Regulatory Advisory Panel

Purpose of notice: The Department of Environmental Quality is announcing the establishment of a Regulatory Advisory Panel (Panel or RAP) to assist the department in revision of the Facility and Aboveground Storage Tank (AST) Regulation (9VAC25-91). Included in this revision will be changes to implement Chapter 884 of the Acts of Assembly (2011 SB 843), but other changes will be considered as well. The department is seeking persons interested in serving on the Panel.

Deadline for submittal of requests: September 6, 2011.

Background: During the 2011 legislative session, the Virginia General Assembly passed SB 843 (Chapter 884 of the Acts of Assembly), which requires the department to revise regulations to include performance standards for operators of aboveground storage tanks at facilities with an aggregate capacity of one million gallons or greater existing prior to January 29, 1992, located in the City of Fairfax. Operators are required to meet performance standards no later than July 1, 2021.

Purpose of panel: The department is establishing this panel to review the subject legislation and make recommendations to the department on how to implement the law's provisions. It is anticipated that the department will also review and revise other portions of the existing Facility and Aboveground Storage Tank (AST) Regulation (9VAC25-91). The department will publish a Notice of Intended Regulatory Action in the near future to begin the rulemaking process to implement this legislation and other changes to the existing regulations. However, the panel established in response to this notice will be the panel used to assist the department in the development of the revised regulations.

Contact for additional information or submittal of requests to serve on the committee: Melissa S. Porterfield, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4346, or email melissa.porterfield@deq.virginia.gov.

DEPARTMENT OF REHABILITATIVE SERVICES

Notice of Review of Regulations to Assess their Economic Impact on Small Businesses

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Rehabilitative Services will review 22VAC30-11, Public Participation Guidelines; 22VAC30-20, Provision of Vocational Rehabilitation Services; 22VAC30-30, Provision of Independent Living Services; 22VAC30-40, Protection of Participants in Human Research; and 22VAC30-50, Policies and Procedures for Administering Commonwealth Neurotrauma Initiative Trust Fund to determine whether the regulations should be continued without change, amended, or repealed, consistent with the stated objectives of applicable law, to minimize the economic impact of regulations on small businesses. The deadline for public comment is October 3, 2011.

Contact Information: Vanessa S. Rakestraw, Policy Analyst, Department of Rehabilitative Services, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7612, FAX (804) 662-7663, TDD (800) 464-9950, or email vanessa.rakestraw@drs.virginia.gov.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information:Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; FAX (804) 692-0625; 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 http://www.virginia.gov/cmsportal3/cgi-bin/calendar.cgi.

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/cumultab.htm.

Filing Material for Publication in the Virginia Register of Regulations: Agencies are required to use the Regulation Information System (RIS) when filing regulations for publication in the Virginia Register of Regulations. The Office of the Virginia Register of Regulations implemented a web-based application called RIS for filing regulations and related items for publication in the Virginia Register. The Registrar's office has worked 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

VIRGINIA SOIL AND WATER CONSERVATION BOARD

Title of Regulation:4VAC50-60. Virginia Stormwater Management Program (VSMP) Permit Regulations.

Publication: 27:26 VA.R. 2738-2790 August 29, 2011.

Correction to Final Regulation:

Page 2742, second column, definition of "Flood-prone area," line 5, insert a comma after "buffers"

Page 2757, second column, 4VAC50-60-55 B 9, line 2, remove "4VAC50-60-60" and insert "4VAC50-60-63"

Page 2760, second column, 4VAC50-60-65 A, line 2, insert "A" before "1" and "2"

Page 2772, second column, 4VAC50-60-95 D, line 3, insert a comma after "laws"

VA.R. Doc. No. R08-587; Filed August 23, 2011, 10:54 a.m.

VIRGINIA WASTE MANAGEMENT BOARD

Title of Regulation:9VAC20-81. Solid Waste Management Regulations (amending 9VAC20-81-10, 9VAC20-81-35, 9VAC20-81-95, 9VAC20-81-140, 9VAC20-81-160, 9VAC20-81-250, 9VAC20-81-260, 9VAC20-81-300, 9VAC20-81-397, 9VAC20-81-470, 9VAC20-81-485, 9VAC20-81-490, 9VAC20-81-530, 9VAC20-81-600).

Publication: 27:22 VA.R. 2303-2401 July 4, 2011.

Correction to Final Regulation:

Page 2365, 9VAC20-81-260 C 1, first column, line 7, after "9VAC20-81-250 C 3" replace "c" with "e"

VA.R. Doc. No. R11-2731; Filed August 26, 2011, 2:11 p.m.

STATE BOARD OF SOCIAL SERVICES

Titles of Regulations:22VAC40-130. Minimum Standards for Licensed Private Child Placing Agencies (repealing 22VAC40-130-10 through 22VAC40-130-550).

22VAC40-131. Standards for Licensed Child-Placing Agencies (adding 22VAC40-131-10 through 22VAC40-131-610).

Publication: 27:25 VA.R. 2675-2717 August 15, 2011.

Correction to Final Regulation:

Page 2698, 22VAC40-131-270 D, line 6, insert "[ in ]" after "maintained"

Page 2708, 22VAC40-131-400, catchline, change "Childen" to "Children"