DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for Aging and Rehabilitative Services is conducting a periodic review and small business impact review of 22VAC30-11, Public Participation Guidelines.

The review of this regulation will be guided by the principles in Executive Order 17 (2014).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 comment period begins July 11, 2016, and ends August 1, 2016.

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 Vanessa S. Rakestraw, Policy Analyst, 8004 Franklin Farms Drive, Richmond, VA 23229, FAX (804) 662-7663, or email vanessa.rakestraw@dars.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 both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

AIR POLLUTION CONTROL BOARD

Proposed State Implementation Plan Revision - 9VAC5-20, Revisions D97 and B16; 9VAC5-40, Revisions C09, D09, and E09

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 federal Clean Air Act. The Commonwealth intends to submit portions of the regulations to the EPA as a revision 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 General Provisions, Malfunctions (9VAC5-20, Revisions D97 and B16) and Existing Stationary Sources (9VAC5-40, Revisions C09, D09, and E09).

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: June 27, 2016, to July 27, 2016.

Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed at the end of this notice. 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: Because the regulation amendments have already been adopted, DEQ is accepting comment only on the issue cited under "purpose of notice" and not on the content of the regulation amendments.

Description of proposal: Three sets of regulatory amendments are being considered for this proposal. Revision D97 originally amended 9VAC5-20-180 but was not submitted as a SIP revision; portions of it are now being submitted in order to provide a correct baseline for the provisions of Revision B16. As discussed below, sections relevant to 9VAC5-20-180 are also be submitted for the purpose of several volatile organic compound (VOC) regulations.

Revision D97: Under this revision, 9VAC5-20-180 was amended as follows: (i) provisions were added to clarify that 9VAC5-20-180 applies to only facility and control equipment maintenance or malfunction; (ii) provisions were added to specify an affirmative defense does not apply to excess emissions due to malfunction or maintenance for sources subject to new source performance standards, national emission standards for hazardous air pollutants, maximum achievable control technology, or acid rain provisions of the federal Clean Air Act or that cause an exceedance of an ambient air quality standard or prevention of significant deterioration (PSD) ambient air quality increment; (iii) provisions were changed to be consistent with recommendations made pursuant to the review of existing regulations mandated by Executive Order 15(94); (iv) provisions pertaining to malfunctions for hazardous air pollution sources were revised because they were not consistent with requirements pertaining to sources that meet federal standards for hazardous air pollutants; (v) provisions that provide legal relief if a violation has taken place due to excess emissions as a result of facility and control equipment maintenance or malfunction were changed in order to entitle the owner of a facility to use an affirmative defense for relief from penalties; (vi) provisions pertaining to facility and control equipment maintenance or malfunction were changed to incorporate the limitations and the criteria for an affirmative defense; and (vii) provisions that authorize the board to reduce the level of operation or shut down a facility if it is necessary to prevent a violation of any primary ambient air quality standard were expanded to include any ambient air increment identified in the PSD program.

Revision B16: On June 12, 2015 (80 FR 33840), EPA issued a final SIP call concerning treatment of excess emissions in state rules by sources during periods of startup, shutdown, or malfunction (SSM), including Virginia's SSM rules at 9VAC5-20-180 G. The U.S. Court of Appeals for the District of Columbia Circuit has held that such provisions are illegal, and state plans must be amended accordingly. Essentially, EPA finds that 9VAC5-20-180 G creates an impermissible affirmative defense for violations of emission limits, and therefore 9VAC5-20-180 G must be amended. 9VAC5-20-180 C must also be amended for 9VAC5-20-180 G to operate properly and to make several minor administrative changes.

Revisions C09, D09, and E09: At the time these regulations were promulgated, there was uncertainty as to the status of Virginia's malfunction regulations; therefore, those provisions were not submitted as SIP revisions when the rest of the rules were submitted to EPA on February 1, 2016. Now that the issue of malfunctions has been resolved and 9VAC5-20-180 has been amended to EPA's satisfaction, reference to 9VAC5-20-180 may now be submitted for the purpose of these rules.

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. Only the directly amended provisions of the proposal will be submitted as a revision to the Commonwealth of Virginia SIP, and no provisions relevant to hazardous air pollutants will be submitted. In addition, the D97 version of 9VAC5-20-180 G will not be submitted as it is superseded by the B16 version.

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 comments, exhibits, and documents received are part of the public record.

To review documents: 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 at the end of this notice. 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, 8th Floor, 629 East Main Street, Richmond, VA, telephone (804) 698-4070,

2) Southwest Regional Office, 355 Deadmore Street, Abingdon, VA, telephone (276) 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 (434) 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 Boulevard, Virginia Beach, VA, telephone (757) 518-2000.

Contact Information: Karen 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 email karen.sabasteanski@deq.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Correctional Solar LLC Notice of Intent - Small Renewable Energy Project (Solar) Permit by Rule

Correctional Solar LLC has notified the Department of Environmental Quality of its intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in New Kent County, pursuant to 9VAC15-60. The project will be located on 429 acres across multiple parcels, on land south east of the intersection of New Kent Highway and Mount Nebo Road as well as along the west side of Barham Road just south of the New Kent Highway Mount Nebo Road intersection. The solar project conceptually consists of 88,209 320-watt panels plus nine 2.5-megawatt inverters, which together will provide a maximum 20 megawatts of nameplate capacity.

Contact Information: Mary E. Major, 629 East Main Street, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

STATE BOARD OF HEALTH

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Health is conducting a periodic review and small business impact review of 12VAC5-31, Virginia Emergency Medical Services Regulations.

The review of this regulation will be guided by the principles in Executive Order 17 (2014).

The purpose of this review is 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 comment period begins June 27, 2016, and ends July 18, 2016.

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 Michael Berg, Regulatory and Compliance Manager, Virginia Department of Health, Office of Emergency Medical Services, 1001 Technology Park Drive, Glen Allen, VA 23059, telephone (804) 888-9131, FAX (804) 371-3108, or email michael.berg@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 both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

DEPARTMENT OF HEALTH

Drinking Water State Revolving Fund Program Intended Use Plan for FY 2017

Dear Waterworks Owner and Other Interested Parties:

Under the Safe Drinking Water Act, Congress authorizes capitalization grants to the states through the Drinking Water State Revolving Loan Fund Program (DWSRF). As part of the annual DWSRF grant application process Virginia seeks meaningful public involvement through input, review, and comments. The Virginia Department of Health (VDH), Office of Drinking Water (ODW) has prepared a draft intended use plan (IUP) that explains the goals of the program, funding priorities, how VDH intends to use the grant funds, and other important information submitted from the funding requests and set-aside suggestions.

VDH received numerous funding requests and set-aside suggestions following the January DWSRF funding solicitation announcement. The draft 2017 IUP and draft project lists are open for review and comment by the public for a period of 30 days. The document entitled "Virginia Drinking Water State Revolving Fund Program Design Manual" (dated January 2016) is a part of the intended use plan and was mailed to eligible waterworks in January 2016, announced in the Virginia Register, and placed on the agency website. The Program Design Manual provides information on VDH's project prioritization criteria and methodologies.

VDH will hold a public meeting to solicit comments and recommendations regarding the IUP on Thursday, July 21, 2016, 9 a.m. to 11 a.m. at the Department of Environmental Quality, Piedmont Office, 4949-A Cox Road, Henrico, VA 23060. Individuals planning to attend the public meeting should contact Theresa Hewlett at (804) 864-7501 by the close of business on July 15, 2016.

Written comments from the public need to be submitted by July 27, 2016, the close of the public comment period. VDH will consider all meaningful public input and comments and make revisions to the IUP and project priority list if necessary. Please direct requests for information and forward written comments to Steven Pellei, PE, Virginia Department of Health, Office of Drinking Water, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7500 or FAX (804) 864-7521. The following information is provided on VDH's website at http://www.vdh.virginia.gov/drinking-water/office-of-drinking-water/financial-construction/drinking-water-state-revolving-fund-program.

VDH's 2017 Draft Intended Use Plan (IUP)

VDH's 2017 Preliminary Project Priority List/2017 Comprehensive Project List

The IUP is subject to change depending on EPA's award allocations.

BOARD OF HOUSING AND COMMUNITY DEVELOPMENT PUBLIC HEARING

Public Hearing on the Virginia Uniform Statewide Building Code

Pursuant to subdivision A 12 of § 2.2-4006 and § 36-100 of the Code of Virginia, the Board of Housing and Community Development will hold a public hearing on the Virginia Uniform Statewide Building Code (13VAC5-63), Virginia Statewide Fire Prevention Code (13VAC5-51), Virginia Amusement Device Regulations (13VAC5-31), and the Virginia Industrialized Building Safety Regulations (13VAC5-91).

The purpose of this public hearing is to consider updating the codes to the newest editions of the model codes and standards and to consider related proposals prior to the publication of proposed regulations.

The public hearing will be held at the Virginia Housing Center, 4224 Cox Road, Glen Allen, VA 23060, 12:30 p.m., July 18, 2016. For more information, contact the State Building Code Office.

Contact Information: State Building Code Office, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 371-7150, FAX (804) 371-7092, or email sbco@dhcd.virginia.gov.

BOARD OF LONG-TERM CARE ADMINISTRATORS

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Long-Term Care Administrators is currently reviewing each of the regulations listed below to determine whether the regulation should be repealed, amended, or retained in its current form. The review of each regulation will be guided by the principles in Executive Order 17 (2014). 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.

18VAC95-20, Regulations Governing the Practice of Nursing Home Administrators

18VAC95-30, Regulations Governing the Practice of Assisted Living Facility Administrators

Agency Contact: Elaine Yeatts, Agency Regulatory Coordinator, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, FAX (804) 527-4434, or email elaine.yeatts@dhp.virginia.gov.

The comment period begins June 27, 2016, and ends July 27, 2016.

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 both reviews will be posted on the Virginia Regulatory Town Hall, and a report of the small business impact review will be published in the Virginia Register of Regulations.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

2016 Notice of Intent to Amend 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).

DMAS is making these changes in its methods and standards for setting payment rates for services in order to comply with the legislative mandates set forth in Chapter 780 of the 2016 Acts of Assembly, Item 306.

Reimbursement Changes Affecting Hospitals (12VAC30-70)

12VAC30-70-351 is being amended to reduce fiscal year (FY) 2017 inflation by 50% for inpatient and outpatient hospital operating (including freestanding psychiatric and long-stay hospitals), graduate medical education (GME) and indirect medical education (IME) payments, disproportionate share hospital (DSH) payments, and outpatient hospital rates with the exception of 100% of inflation for inpatient and outpatient hospital operating, GME, and IME payments for Children's Hospital of King's Daughters.

The expected decrease in annual aggregate expenditures is $13,895,790.

12VAC30-70-221 and 12VAC30-70-381 are being amended to change the methodology for costing claims used to rebase weights from a fee-for-service global cost-to-charge methodology to a methodology that uses per-diems and cost-to-charge ratios by cost center for the fee-for-service and managed care claims, effective July 1, 2016. In a similar fashion, each hospital's total costs by claim using this methodology will be divided by the total charges for the hospital cost-to-charge ratio.

The expected increase in annual aggregate expenditures is $0.

12VAC30-70-281 is being amended to create GME supplemental payments for new primary care and high-need specialty residencies, effective July 1, 2017.

The expected increase in annual aggregate expenditures is $2,500,000.

Reimbursement Changes Affecting Other Providers (12VAC30-80)

12VAC30-80-32 is being amended to increase rates for existing substance use disorder services and add rates for new substance use disorder services, effective April 1, 2017, and peer support services, effective January 1, 2017.

The expected annual increase in expenditures for the rate increase is $1,460,647, and the expected annual increase for expenditures for new services is $2,871,908. Administrative expenses of the program are expected to be $872,269 for a total annual aggregate increase of $5,204,824.

12VAC30-80-30 is being amended to implement a supplemental payment for Children's National Health System physicians, effective July 1, 2016. The total supplemental Medicaid payment shall be based on the upper payment limit approved by the Centers for Medicare and Medicaid Services (CMS) and all other Virginia Medicaid fee-for-service payments but not to exceed $551,000.

The expected increase in annual aggregate expenditures is $551,000.

Reimbursement Changes Affecting Nursing Facilities (12VAC30-90)

12VAC30-90-264 is being amended to convert the specialized care rate methodology to a fully prospective state fiscal year rate, effective July 1, 2016. This would be accomplished consistent with the existing cost-based methodology by adding inflation to the per diem costs subject to existing ceilings for direct, indirect, and ancillary costs from the most recent settled cost report prior to the state fiscal year for which the rates are being established. The same inflation adjustment shall apply to plant costs for specialized care facilities that do not have prospective capital rates that are based on fair rental value. The department shall use the state fiscal year inflation rate recently adopted for regular nursing facilities. Partial year inflation shall be applied to per diem costs if the provider fiscal year end is different than the state fiscal year. Ceilings shall also be maintained by state fiscal year.

The expected increase in annual aggregate expenditures is $0.

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, Provider Reimbursement Division, Department of Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219, 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: Emily McClellan, Regulatory Manager, Division of Policy and Research, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, TDD (800) 343-0634, or email emily.mcclellan@dmas.virginia.gov.

DEPARTMENT OF TAXATION

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Taxation is conducting a periodic review and small business impact review of 23VAC10-390, Virginia Soft Drink Excise Tax Regulations.

The review of this regulation will be guided by the principles in Executive Order 17 (2014).

The purpose of this review is 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 comment period begins June 27, 2016, and ends July 18, 2016.

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 Joe Mayer, Lead Policy Analyst, P.O. Box 27185, Richmond, VA 23261-7185, telephone (804) 371-2299, FAX (804) 371-2355, or email joseph.mayer@tax.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 both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

STATE WATER CONTROL BOARD

Proposed Consent Special Order for Mr. Billy E. Chumbley and Virginia Pride Contractors

An enforcement action has been proposed for Mr. Billy E. Chumbley and Virginia Pride Contractors for violations in Botetourt County, Virginia. The special order by consent addresses and resolves violations of environmental law and regulations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Jerry Ford, Jr. will accept comments by email at jerry.ford@deq.virginia.gov or postal mail at Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, from June 27, 2016, to July 27, 2016.

Proposed Consent Special Order for Hilex Poly Co. LLC

An enforcement action has been proposed for Hilex Poly Co. LLC, for alleged violations that occurred at the Hilex Poly Co. LLC Facility in Richmond, Virginia. The State Water Control Board proposes to issue a consent special order to Hilex Poly Co. LLC 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. Cynthia Akers will accept comments by email at cynthia.akers@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 June 27, 2016, to July 27, 2016.

Proposed Consent Order for Asim Khan

An enforcement action has been proposed for Asim Khan for violations at Browns In and Out Market in Esmont, Virginia. The State Water Control Board proposes to issue a consent order to Asim Khan 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. Karen Hensley will accept comments by email at karen.hensley@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, from June 27, 2016, to July 27, 2016.

Proposed Enforcement Action for Kinder Morgan Liquids Terminals, LLC

An enforcement action has been proposed for Kinder Morgan Liquids Terminals, LLC for alleged 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 June 27, 2016, to July 27, 2016.

Proposed Consent Order for New River Resource Authority

An enforcement action has been proposed with the New River Resource Authority for violations in Pulaski County, Virginia. The State Water Control Board proposes to issue a consent order to New River Resource Authority to address and resolve violations of environmental law and regulations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Jeffrey Hurst will accept comments by email at jeffrey.hurst@deq.virginia.gov, FAX at (540) 562-6725, or by postal mail at Department of Environmental Quality, Blue Ridge Regional office, 3019 Peters Creek Road, Roanoke, VA 24019, from June 27, 2016, to July 27, 2016.

Proposed Consent Order for Round Hill Investors, LLC

An enforcement action has been proposed for Round Hill Investors, LLC in Loudoun 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 Round Hill Subdivision 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 June 28, 2016, through July 28, 2016

Total Maximum Daily Load Implementation Plan for the West Run, Stephens Run, Crooked Run, and Willow Brook Watersheds

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of a total maximum daily load (TMDL) implementation plan (IP) for the West Run, Stephens Run, Crooked Run, and Willow Brook watersheds in Frederick, Warren, and Clarke Counties. West and Stephens Runs were first listed as impaired on the Virginia's § 303(d) TMDL Priority List and Report due to violations of the state's water quality standard for bacteria in 2010, while Willow Brook and Crooked Run were listed in 2006 and 2002, respectively. The creeks have remained on the § 303(d) list for these impairments since then.

The impaired segment of West Run extends 6.12 miles from its headwaters downstream to its confluence with Crooked Run. The impaired segment of Stephens Run extends 0.95 miles from its confluence with an unnamed tributary to its confluence with Crooked Run. The impaired segment of Crooked Run extends 8.87 miles from the Lake Frederick dam to its confluence with the Shenandoah River. Willow Brook is impaired from its headwaters to its confluence with the Shenandoah River (3.95 miles).

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. In addition, § 62.1- 44.19:7 C of the Code of Virginia requires expeditious implementation of total maximum daily loads when appropriate. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and the associated costs, benefits, and environmental impacts. DEQ completed bacteria TMDLs for the Crooked, Stephens, and West Runs in September 2014. The TMDLs were approved by the U.S. Environmental Protection Agency December 22, 2015. The final TMDL report is available on the DEQ website at http://www.deq.virginia.gov/Portals /0/DEQ/Water/TMDL/apptmdls/shenrvr/ShenTribs_Bacteria_Benthic_Final.pdf, Development of the Crooked, Stephens, and West Runs and Willow Brook TMDL Implementation Plan began in January 2016.

The Virginia Department of Environmental Quality will host a public meeting to present a draft TMDL implementation plan for Crooked, Stephens, and West Runs and Willow Brook. The meeting will be held on Wednesday, June 29, 2016, at 7 p.m. at the North Warren Volunteer Fire Hall's Celebration Hall (266 Rockland Court, 2nd Floor, Front Royal, Virginia).

A 30-day public comment period for the meeting will begin June 30, 2016, and end July 29, 2016. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Nesha McRae, Department of Environmental Quality, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7850, or email nesha.mcrae@deq.virginia.gov.

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; 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.