GENERAL NOTICES/ERRATA
DEPARTMENT OF ENVIRONMENTAL QUALITY
Notice of Public Meeting and Public Comment for a Watershed Plan for Fairview Beach (Potomac River) in King George County
The Virginia Department of Environmental Quality (DEQ) will host a public meeting on the development of a Watershed Plan (WP) for impaired waters at Fairview Beach (Potomac River) on Wednesday, July 23, 2014.
The meeting will start at 6 p.m. at the L. E. Smoot Memorial Library (Meeting Room A) located at 9533 Kings Highway, King George, VA 22485. The purpose of the meeting is to present the final draft Watershed Plan to interested local community members and local government staff.
The use of this beach has been restricted due to excessive bacteria levels, resulting in beach closures at various times over the last nine years. The Virginia Department of Health has issued swimming advisories in order to protect the public from possible exposure to bacteria. A draft Watershed Plan has been developed by DEQ in order to identify measurable goals for restoring water quality. The draft WP also includes corrective actions needed and their associated costs, benefits, and environmental impacts. The Watershed Plan has been under development for the last five months and included a series of local meetings and input from local citizens and government agencies. A copy of the draft plan can be found at the link below the day after the public meeting.
Please see the link below for information presented during the first public meeting and working group meetings:
http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLImplementation/TMDLImplementationProgress.aspx
The public comment period on materials presented at this meeting will extend from July 23, 2014, to August 25, 2014. For additional information or to submit comments, contact May Sligh, Virginia Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, by telephone (804) 450-3802, or by email may.sligh@deq.virginia.gov.
Total Maximum Daily Loads for Wolf Creek, Laurel Creek, and Dry Run in Bland, Giles, and Tazewell Counties
The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of total maximum daily loads (TMDLs) for Wolf Creek, Laurel Creek, and Dry Run in Bland, Giles, and Tazewell Counties. These streams are listed on the 2012 § 303(d) TMDL Priority List and Report as impaired due to violations of the state's water quality standards for bacteria.
Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia requires DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) Priority List and Report.
The impaired segments include: 28.7 miles of Wolf Creek from the Little Creek confluence in Tazewell County downstream to the confluence with the New River in Giles County; 1.60 miles of Laurel Creek in Bland County extending from the confluence of Dry Fork downstream to the confluence with Wolf Creek; 5.0 miles of Dry Fork in Bland County extending from East River Mountain to the West Virginia state line downstream to North Gap, excluding the headwaters.
The first public meeting on the development of the TMDL to address the bacteria impairments for these segments will be held on July 29, 2014, from 6 p.m. to 8 p.m. at the Rocky Gap United Methodist Church Fellowship Hall located at 12508 North Scenic Highway, Rocky Gap, Virginia.
The public comment period will begin July 29, 2014, and end August 29, 2014. An advisory committee to assist in development of this TMDL will be established. Persons interested in assisting should notify the DEQ contact person listed below by the end of the comment period and provide their name, address, phone number, and email address and the organization being represented (if any). Notification of the composition of the panel will be sent to all applicants.
A component of a TMDL is the Waste Load Allocations (WLAs); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Administrative Process Act for any future adoption of the TMDL's associated WLAs. Information on the development of the TMDLs for these impairments is available upon request. Please note, all written comments should include name, address, and telephone number of the person submitting the comments. Questions, comments, or information requests should be addressed to:
Martha Chapman, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, telephone (276) 676-4800, or email martha.chapman@deq.virginia.gov.
Mary Dail, Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, telephone (540) 562-6715, or email mary.dail@deq.virginia.gov.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Updated Notice to 2014 Medicaid Provider Reimbursement Changes - Notice of Intent to Amend the Virginia State Plan for Medical Assistance (pursuant to § 1902(a)(13) of the Social Security Act (USC § 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 the Amount, Duration, and Scope of Medical and Remedial Care Services (12VAC30-50); Methods and Standards for Establishing Payment Rates - Inpatient Hospital Services (12VAC30-70); Methods and Standards for Establishing Payment Rates; Other Types of Care (12VAC30-80); and Methods and Standards for Establishing Payment Rates for Long-Term Care (12VAC30-90). The department published a notice on the Virginia Regulatory Town Hall on June 11, 2014, for publication in the Virginia Register June 30, 2014, regarding a number of changes in reimbursement methodology effective July 1, 2014, pursuant to Item 301 of the 2014 Budget Bill. Based on the final budget approved on June 21, 2014, the department is amending the June 11, 2014, notice to eliminate two of the actions described in the published notice. Citations are to state regulations that correspond to the State Plan. Estimated impact on providers in fiscal year 2015 compared to the impact in the earlier notice is included.
Reimbursement Changes Affecting Other Providers (12VAC30-80) Rescinded
Update No. 1: An effective date change shall not be made in the fee schedule corresponding to a change in the billing unit for mental health support services from a block of time to 15-minute increments (12VAC30-50-226).
- Anticipated Provider Fiscal Impact = $0
Update No. 2: 12VAC30-80-30 shall not be amended to increase supplemental payments for freestanding children's hospitals with more than 50% Medicaid inpatient utilization.
- Anticipated Provider Fiscal Impact = ($2,763,460)
This notice is intended to satisfy the requirements of 42 CFR 447.205 and of § 1902(a)(13) of the Social Security Act, 42 USC § 1396a(a)(13). A copy of this notice is available for public review from William Lessard (contact information below) and this notice is available for public review on the Regulatory Town Hall (www.townhall.virginia.gov). Comments or inquiries may be submitted, in writing, within 30 days of this notice publication to Mr. Lessard and such comments are available for review at the same address.
Contact Information: William Lessard, Provider Reimbursement Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 225-4593, or email william.lessard@dmas.virginia.gov.
VIRGINIA WASTE MANAGEMENT BOARD
Small Business Impact Review - Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Waste Management Board conducted a small business impact review of 9VAC20-120, Regulated Medical Waste Management Regulations, and determined that this regulation should be retained in its current form. The Virginia Waste Management Board is publishing its report of findings dated June 11, 2014, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
In order to continue to protect the public from risks associated with regulated medical waste the regulation needs to be retained. The regulations currently include reduced requirements for a "limited small clinic" many of which may meet the definition of a small business. This allows limited small clinics to have reduced requirements for storage areas based on the weekly volume of the waste handled by the facility as well as the total volume stored. These provisions should reduce the economic impact on some small businesses regulated by this regulation. Additionally, these regulations allow for a permit-by-rule for onsite treatment, which is a more streamlined permitting process for those small businesses who treat their own regulated medical waste.
The comments submitted by the public indicated that there are some areas in which the regulation may need to be clarified or simplified. One commenter indicated support for removing the requirement for operators to complete a state licensing program for onsite treatment, stating this requirement was unique to Virginia. However, the state licensing requirement is a statutory requirement. The commenter suggested replacing this requirement with a requirement that the treatment system be operated and maintained according to manufacturer specifications. A commenter also asked that the agency consider expanding the number of facilities that can receive treated regulated medical waste.
The regulation can be seen as complex since it does contain specific standards that must be met concerning the treatment of regulated medical waste. The regulations however need to contain specific requirements for the proper treatment of regulated medical waste to ensure that the waste is appropriately handled and treated to prevent the spread of disease.
The regulations are part of a series of regulations that regulate the medical community and those handling regulated medical waste. The Virginia Department of Health (VDH), the Virginia Department of Labor and Industry (DOLI) and federal Occupational Safety and Health Administration (OSHA) also regulate the activities of the medical community. These regulations have been created to avoid conflicts with the requirements of VDH, DOLI, and OSHA. These regulations contain requirements for the storage, treatment, and disposal of regulated medical waste.
These regulations were revised in 2013 (removal of transporter registration requirement), 2011 (update of citations needed to be consistent with amendment of 9VAC20-81), and 2002. Since that time technology has advanced, which has changed the breakdown of which technologies are being used to treat regulated medical waste. The use of incineration to treat regulated medical waste has been replaced with other treatment technologies.
The agency is retaining the regulation. The agency will be convening a stakeholder group to discuss potential changes regarding these regulations. The stakeholder group will focus on increasing clarity within the regulation and on other possible changes that should be considered for the onsite storage and treatment of regulated medical waste.
Contact Information: Justin Williams, Office of Waste Permitting and Compliance Director, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4185, FAX (804) 698-4234, or email justin.williams@deq.virginia.gov.
STATE WATER CONTROL BOARD
Proposed Consent Special Order for Harbor Station Communities, LLC
An enforcement action has been proposed for Harbor Station Communities, LLC, in Prince William County, Virginia. The consent order describes a settlement to resolve violations of State Water Control Law and the applicable regulations associated with the development of the Harbor Station Development Project. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Daniel Burstein will accept comments by email at daniel.burstein@deq.virginia.gov, FAX at (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from July 15, 2014, through August 14, 2014.
Proposed Consent Order for Mr. Robert W. Harris dba Whiskey Creek Lawn and Tree Service
An enforcement action has been proposed for Mr. Robert W. Harris dba Whiskey Creek Lawn and Tree Service for violations in Augusta County, Virginia. A proposed consent order describes a settlement to resolve an unpermitted discharge violation to Buffalo Branch in Swoope, Virginia. A description of the proposed action is available at the Department of Environmental Quality 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 at (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 July 14, 2014, through August 13, 2014.
Proposed Consent Special Order for The Kittrell Company
An enforcement action has been proposed for The Kittrell Company for alleged violations at Mountain Cove Subdivision, Henrico County, Virginia. The State Water Control Board proposes to issue a consent special order to The Kittrell Company to address noncompliance with State Water Control 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 at (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from July 14, 2014, through August 15, 2014.
Proposed Consent Order for Rush Oil Co., Inc.
An enforcement action has been proposed for Rush Oil Co., Inc. for violations in Washington County, Virginia. The proposed consent order addresses a release of petroleum product at Dillow's Shop and Wash, and contains schedules for closure of the underground storage tanks at the facility and remediation of the release. The proposed order also contains a civil charge. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Ralph T. Hilt will accept comments by email at ralph.hilt@deq.virginia.gov, FAX at (276) 676-4899, or postal mail at Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, from July 15, 2014, through August 13, 2014.
Proposed Enforcement Action for SMM Southeast LLC
An enforcement action has been proposed for SMM Southeast LLC, for violations of the State Water Control Law in Chesapeake, Virginia. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. John Brandt will accept comments by email at john.brandt@deq.virginia.gov, FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from July 14, 2014, through August 13, 2014.
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/connect/commonwealth-calendar.
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.
ERRATA
DEPARTMENT OF GENERAL SERVICES
Title of Regulation: 1VAC30-41. Regulation for the Certification of Laboratories Analyzing Drinking Water.
Publication: 30:14 VA.R. 1766-1778 March 10, 2014.
Correction to Final Regulation:
Page 1771, 1VAC30-41-150, subsection I, subdivision 9, line 2, change "triannual" to "triennial"
VA.R. No. R10-2245; Filed June 23, 2014, 2:58 p.m.
BOARD OF HOUSING AND COMMUNITY DEVELOPMENT
Title of Regulation: 13VAC5-51. Virginia Statewide Fire Prevention Code.
Publication: 30:16 VA.R. 2027-2071 April 7, 2014.
Correction to Final Regulation:
Page 2046, 13VAC5-51-131 M, in 314.5 Smokeless powder and small arms primers:
paragraph 1, line 3, change "5506.5.1.1" to "5606.5.1.1"
paragraph 2, line 3, change "5506.5.2.1" to "5606.5.2.1"
paragraph 4, line 3, change "5506.5.2.3" to "5606.5.2.3"
VA.R. Doc. No. R12-3161; Filed June 26, 2014, 3:47 p.m.
* * *
Title of Regulation: 13VAC5-63. Virginia Uniform Statewide Building Code.
Publication: 30:16 VA.R. 2071-2232 April 7, 2014.
Correction to Final Regulation:
Page 2093, 13VAC5-63-210 D 3, in 314.5 Smokeless powder and small arms primers:
paragraph 1, line 3, change "5506.5.2.1" to "5606.5.2.1"
paragraph 4, line 3, change "5506.5.2.3" to "5606.5.2.3"
Page 2093, 13VAC5-63-210 D 4, line 2, change "5501.1" to "5601.1"
Page 2094, 13VAC5-63-210 D 5, lines 1 and 3, change "5506.4" to "5606.4"
Page 2094, 13VAC5-63-210 D 6, change "5506.4.1" to "5606.4.1" and "5506.4.2" to "5606.4.2"
Page 2094, 13VAC5-63-210 D 7, lines 1 and 3, change "5506.5.1.1" to "5606.5.1.1"
Page 2094, 13VAC5-63-210 D 8, change "5506.5.1.3" to "5606.5.1.3"
Page 2094, 13VAC5-63-210 D 9, lines 1 and 3, change "5506.5.2.1" to "5606.5.2.1"
Page 2094, 13VAC5-63-210 D 9, column 2, paragraph 4, line 3, after "Section" replace "3304" with "[ 3304 5604 ]"
VA.R. Doc. No. R12-3159; Filed June 26, 2014, 3:47 p.m.