STATE AIR POLLUTION CONTROL BOARD

State Implementation Plan Revision

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a revision to the Commonwealth's state implementation plan (SIP) to attain and maintain the national ambient air quality standard for ozone in the Northern Virginia Ozone Nonattainment Area. The Commonwealth intends to submit the plan revision 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 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.

Purpose of notice: DEQ is seeking comments on the overall plan revision.

Public comment period: April 8, 2013, to May 8, 2013.

Public hearing: A public hearing will 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.

Description of proposal: The proposed revision consists of the removal from Virginia's SIP of reference to two permits and a consent agreement for the GenOn (formerly PEPCO) Potomac River Generating Station, Alexandria, Virginia. On December 12, 2012, the department and the company entered into a mutual determination of permanent shutdown of the entire facility. All permits and consent agreements, including the two permits and consent agreement that had been previously approved by EPA into SIP, were rescinded as part of the shutdown agreement. There is, therefore, no longer a need for reference to these documents in the SIP.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). The proposal will be submitted as a revision to the Commonwealth of Virginia's SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to the Commonwealth of Virginia's 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. All materials received are part of the public record.

To review proposal: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website: http://www.deq.state.va.us/Programs/Air/
PublicNotices/airplansandprograms.aspx. 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. DEQ Main Street Office, 629 East Main Street, 8th Floor, Richmond, VA, telephone (804) 698-4070 and

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

Contact Information: James B. LaFratta, Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3928, FAX (703) 583-3821, TDD (804) 698-4021, or email james.lafratta@deq.virginia.gov.

DEPARTMENT OF CONSERVATION AND RECREATION

Notice of Public Meeting - Elk Creek

The Department of Conservation and Recreation will host a public meeting to discuss the development of a water quality improvement plan for reducing fecal bacteria contamination in Elk Creek within Grayson County, Virginia. The purpose of the meeting is to provide an overview of the process for developing the plan and solicit feedback from local stakeholders regarding the residential and agricultural practices that are needed in order to improve water quality.

The public meeting will be held at the Elk Creek Rescue Squad Building located at 9109 Elk Creek Parkway, Elk Creek, VA, on April 11, 2013, from 6:30 p.m. to 8:30 p.m.

Fecal bacteria levels in Elk Creek do not meet state water quality standards designed to protect the recreational use (e.g., swimming, wading, kayaking, etc.) of this water body. Due to this water quality impairment, a total maximum daily load (TMDL) for fecal bacteria has been developed by the Virginia Department of Environmental Quality (DEQ). A TMDL describes the amount of pollution that a water body can receive and still meet water quality standards. The bacteria TMDL study for Elk Creek was completed in September 2009. The Bacteria TMDL Development for Elk Creek study report can be found on DEQ's website at: http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/newrvr/elkec.pdf.

Section 62.1-44.19:7 C of the Code of Virginia requires the development of a plan for water bodies that have approved TMDLs, that when implemented, will result in the achievement of TMDLs and attainment of water quality standards. The Virginia Department of Conservation and Recreation has been authorized to develop water quality improvement plans to implement TMDLs (called a TMDL Implementation Plan or an IP). An IP must provide measurable goals and the date of expected achievement of water quality objectives. An IP must also contain the corrective actions needed and their associated costs, benefits, and environmental impacts.

Questions or information requests should be addressed to Patrick Lizon, TMDL/Watershed Field Coordinator, Virginia Department of Conservation and Recreation, 355 Deadmore Street, Abingdon, VA 24210, email patrick.lizon@dcr.virginia.gov, or telephone (276) 676-5529.

STATE CORPORATION COMMISSION

Bureau of Insurance

March 8, 2013

Administrative Letter 2013-03

TO: All Insurers Licensed to Write Accident and Sickness Insurance in Virginia, and All Health Services Plans and Health Maintenance Organizations Licensed in Virginia

RE: 14VAC5-190-10 et seq.: Rules Governing the Reporting of Cost and Utilization Data Relating to Mandated Benefits and Mandated Providers - 2012 Reporting Period

The purpose of this Administrative Letter is to assist carriers in the preparation of the Annual Report of Cost and Utilization Data relating to Mandated Benefits and Providers required pursuant to 14VAC5-190-10 et seq. and § 38.2-3419.1 of the Code of Virginia, and to remind all affected carriers of the reporting requirements applicable to mandated benefits and providers for the 2012 reporting year.

The Virginia total annual written premiums for all accident and sickness policies or contracts referenced in the regulation is the amount reported to the Commission on the company's Annual Statement for the year ending December 31, 2012. This is the amount used to determine if a report is required. If the total annual written premium reported to Virginia for all accident and sickness lines is less than $500,000 or the company is licensed to issue only credit accident and sickness insurance, the company is exempt from filing any information and a report is not required.

A company may be required to file a complete report or an abbreviated report if the total annual written premium reported to Virginia for all accident and sickness lines is at least $500,000 (excluding credit only accident and sickness). Carriers should refer to 14VAC5-190-40 for an explanation of the circumstances under which a complete or an abbreviated report must be filed.

Each affected carrier must submit a completed Form MB-1 to furnish the required information. It is not acceptable to submit more than one Form MB-1 for a single carrier or to consolidate information from different carriers on one form. 

The completed Form MB-1 (cover sheet and sections) is due on or before May 1, 2013 and may be submitted electronically. The due date may not be extended for any reason, including the inability to file the reports electronically. The instructions, representative CPT and ICD-9-CM codes, and forms for the 2012 reporting period are available on the Bureau of Insurance's website at: http://www.scc.virginia.gov/boi/co/health/mandben.aspx.

The instructions explain the type of information necessary to complete Form MB-1. All sources of information, including 14VAC5-190-10 et seq., §§ 38.2-3408 through 38.2-3418.17, as applicable, § 38.2-4221, and CPT and ICD-9-CM codes, should be consulted in the preparation of this report. Please note that the CPT and ICD-9-CM codes are not intended to exhaust all medical codes that may be used in collecting data for Form MB-1, but are representative of some of the more common codes associated with the mandated benefits.

Carriers are reminded that failure to submit a substantially complete and accurate report pursuant to the provisions of 14VAC5-190-10 et seq., by May 1, 2013, may be considered a violation subject to a penalty as set forth in § 38.2-218 of the Code of Virginia. Lack of notice, lack of information, lack of means of producing the required data, or other such reasons will not be accepted for not submitting a complete and accurate report in a timely manner.

Correspondence regarding reporting requirements should be directed to Mary Ann Mason, Principal Insurance Market Examiner, Forms and Rates Section, Bureau of Insurance, Life and Health Division, P.O. Box 1157, Richmond, VA 23218, telephone (804) 371-9348, FAX (804) 371-9944, or email maryann.mason@scc.virginia.gov. System related questions or problems should be directed to Andrew Iverson, Insurance Analyst, Bureau of Insurance, Automated Systems, P. O. Box 1157, Richmond, VA 23218, telephone (804) 371-9851, FAX (804) 371-9516, or email andrew.iverson@scc.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY AND
DEPARTMENT OF CONSERVATION AND RECREATION

Total Maximum Daily Load Study for North Fork Holston River and Tributaries

Announcement of a public meeting to present a draft TMDL implementation plan for the North Fork Holston River and the following tributaries: Lick Creek, Beaver Creek, Laurel Creek, Locust Cove Creek, Robertson Branch, Turkey Run Creek, Logan Creek, Toole Creek, Tumbling Creek, Wolf Creek, Burmley Creek, Cove Creek, Abrams Creek, Little Moccasin Creek, Nordyke Creek, Smith Creek, Blue Springs Branch, Dowell Branch, Hilton Creek, Possum Creek, and Big Moccasin Creek in Bland, Smyth, Tazewell, Washington, and Scott Counties, Virginia.

Public meeting location: Virginia Department of Environmental Quality, Southwest Regional Office,
355-A Deadmore Street, Abingdon, VA, on April 18, 2013, from 6 p.m. to 8 p.m.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation are announcing the final implementation plan to restore water quality, a public comment opportunity, and a public meeting.

Meeting description: Final public meeting on an implementation plan to restore water quality.

Description of plan: This plan follows a total maximum daily load (TMDL) study developed for the North Fork Holston River and tributaries that identified bacteria comtamination as the cause for the streams failure to meet the recreational use water quality standard.

The plan outlines the corrective actions needed to reduce the sources of bacteria and their associated costs and benefits, along with measurable goals, and an implementation timeline. The plan focuses on addressing the agricultural, residential, and urban sources of bacteria identified in the TMDL study.

How a decision is made: The development of a TMDL and a TMDL implementation plan includes public meetings and a public comment period once the study report is drafted. After public comments have been considered and addressed, DEQ will submit the implementation plan to the State Water Control Board for approval.

How to comment: 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, April 18, 2013, to May 20, 2013. DEQ also accepts written and oral comments at the public meeting announced in this notice.

To review fact sheets: Fact sheets are available for the impaired waters from the contacts below or on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs.aspx.

Contact for additional information: Martha Chapman, TMDL Coordinator, Virginia Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, telephone (276) 676-4800, FAX (276) 676-4899, or email martha.chapman@deq.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Notice of Public Meeting and Public Comment for a Total Maximum Daily Load Study for James River, Stonewall Creek, Walkers Ford Creek, Wreck Island Creek, Phelps Branch, North Creek, and Bent Creek in Appomattox County and Buffalo River, Long Branch, Mill Creek, Buffalo River, Rutledge Creek, and Turner Creek in Amherst County

The Virginia Department of Environmental Quality will host a public meeting on a water quality study for the Appomattox County streams on Tuesday, April 23, 2013. The meeting will start at 6 p.m. in the Appomattox County Administration Building located at 153-A Morton Lane, Appomattox, VA 24522. The purpose of the meeting is to provide information and discuss the study with interested local community members and local government.

The Virginia Department of Environmental Quality will host a public meeting on a water quality study for the Amherst County streams on Thursday, April 25, 2013. The meeting will start at 6 p.m. in the Central Virginia Community College Amherst Center located at 200 Richmond Highway, Suite 103, Amherst, VA 24521. The purpose of the meeting is to provide information and discuss the study with interested local community members and local government.

James River (VAC-H05R_JMS01A00 and VAC-H08R_JMS01A00) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the Primary Contact Use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.

Stonewall Creek (VAC-H05R_STW01A08) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the Primary Contact Use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.

Walkers Ford Creek (VAC-H-5R_WKF01A10) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the Primary Contact Use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.

Wreck Island Creek (VAC-H06R_WIC01A00) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the Primary Contact Use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.

Phelps Branch (VAC-H06R_PLP01A08) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the Aquatic Life Use. The impairment is based on Benthic Macroinvertebrate Bioassessments.

North Creek (VAC-H06R_NOT01A10) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the Primary Contact Use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.

Bent Creek (VAC-H07R_BTC01A00) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the Primary Contact Use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.

Buffalo River (VAC-H11R_BUF01A00, VAC-H11R_BUF02A00, and VAC-H11R_BUF03A00) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the Primary Contact Use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.

Long Branch (VAC-H11R_LOB02A04) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the Aquatic Life Use. The impairment is based on Benthic Macroinvertebrate Bioassessments.

Mill Creek (VAC-H11R_MIN01A08) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the Primary Contact Use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.

Buffalo River (VAC-H11R_BUF04A08) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the Aquatic Life Use. The impairment is based on Benthic Macroinvertebrate Bioassessments.

Rutledge Creek (VAC-H12R_RTD01A00) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the Primary Contact Use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.

Rutledge Creek (VAC-H12R_RTD01A00) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the Aquatic Life Use. The impairment is based on Benthic Macroinvertebrate Bioassessments.

Turner Creek (VAC-H12R_THR01A08) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the Primary Contact Use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL priority list and report and subsequent water quality assessment reports.

During the study, DEQ will develop a total maximum daily load for the impaired water. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL amount.

The public comment period on materials presented at the Appomattox County meeting will extend from April 23, 2013, to May 23, 2013.

The public comment period on materials presented at the Amherst County meeting will extend from April 25, 2013, to May 25, 2013.

For additional information or to submit comments, contact Paula Nash, Virginia Department of Environmental Quality, Blue Ridge Regional Office, 7705 Timberlake Road, Lynchburg, VA 24502, telephone (434) 582-6216, or email paula.nash@deq.viginia.gov.

STATE BOARD OF HEALTH

Notice of Periodic and Small Business Impact Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Health is conducting a periodic review of 12VAC5-230, State Medical Facilities Plan.

The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. 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 April 22, 2013, and ends on May 14, 2013.

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 Peter Boswell, Director, Division of Certificate of Public Need, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone (804) 367-2102, FAX (804) 367-2149, or email peter.boswell@vdh.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 Virginia Regulatory 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 March 11, 2013. 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 Nine (13)

Virginia Lottery's "2nd Chance Jeep® Vehicle Scratcher Sweepstakes" Final Requirements for Operation (effective March 8, 2013)

Director's Order Number Eleven (13)

Virginia's Instant Game Lottery 1389 "Power 9S" Final Rules for Game Operation (effective March 5, 2013)

Director's Order Number Twelve (13)

Virginia's Instant Game Lottery 1368 "Joker's Jackpot" Final Rules for Game Operation (effective March 5, 2013)

SAFETY AND HEALTH CODES BOARD

Notice of Periodic and Small Business Impact Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Safety and Health Codes Board is conducting periodic reviews of:

1) 16VAC25-30, Regulations for Asbestos Emissions Standards for Demolition and Renovation Construction Activities and the Disposal of Asbestos-Containing Construction Wastes-Incorporation By Reference, 40 CFR 61.140 through 40 CFR 61.156

2) 16VAC25-70, Virginia Confined Space Standard for the Telecommunications Industry

3) 16VAC25-97, Reverse Signal Procedures - General Industry - Vehicles/Equipment Not Covered by Existing Standards

4) 16VAC25-140, Virginia Confined Space Standard for the Construction Industry

5) 16VAC25-150, Underground Construction, Construction Industry

6) 16VAC25-170, Virginia Excavation Standard, Construction Industry

The review of these regulations will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. The purpose of this review is to determine whether each of the regulations listed should be terminated, 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.

The comment period begins April 22, 2013, and ends on June 6, 2013.

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 Reba O'Connor, Regulatory Coordinator, Main Street Centre, 600 East Main Street, Richmond, VA 23219, telephone (804) 371-2631, FAX (804) 786-8418, or email reba.oconnor@doli.virginia.gov.

Comments must include the commenter's name and address (physical or email) 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 Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.

STATE BOARD OF SOCIAL SERVICES

Notice of Periodic and Small Business Impact Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Social Services is conducting a periodic review of 22VAC40-35, Virginia Independence Program.

The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. 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 April 8, 2013, and ends on April 29, 2013.

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 Mark Golden, TANF Program Manager, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7385, FAX (804) 726-7357, or email mark.golden@dss.virginia.gov.

Comments must include the commenter's name and address (physical or email) 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 Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.

STATE WATER CONTROL BOARD

Proposed Consent Special Order for Bank of America, National Association

An enforcement action has been proposed for Bank of America, National Association for alleged violations at Bank of America VA Greenfield, at White Oak Technology Park, Henrico VA. The State Water Control Board proposes to issue a consent special order to Bank of America, National Association to address noncompliance with State Water Control Board law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Gina Pisoni will accept comments by email at gina.pisoni@deq.virginia.gov, FAX (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from April 8, 2013, to May 10, 2013.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North 9th Street, 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/.

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 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.