STATE AIR POLLUTION CONTROL BOARD

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Environmental Quality on behalf of the State Air Pollution Control Board is conducting a periodic review and small business impact review of 9VAC5-530, Electric Generator Voluntary Demand Response General Permit. The review of this regulation will be guided by the principles in Executive Order 14 (2018).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 regulations may be viewed on the DEQ air regulation webpage at http://www.deq.virginia.gov/Programs/Air
/Laws,Regulations,Guidance.aspx.

The comment period begins July 23, 2018, and ends August 13, 2018.

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 Gary Graham, Regulatory Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4103, FAX (804) 698-4319, or email gary.graham@deq.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 ENVIRONMENTAL QUALITY

Availability of the 2017 Fish Tissue Monitoring Data

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) announces the availability of the 2017 fish tissue monitoring data on July 23, 2018.

Background: DEQ conducts routine studies of fish tissue and sediment samples in state waters to assess the human health risks for individuals who may consume fish from state waters and to identify impaired aquatic ecosystems. Results are made available to the public each year on the agency's website.

In 2017, DEQ collected fish tissue samples from sites located in the Potomac, Shenandoah, James, York, Chowan, and Roanoke river basins. Samples were analyzed for polychlorinated biphenyls and a suite of 17 metals, including mercury.

2017 monitoring results will be available on the agency's website on July 23, 2018, at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityMonitoring/FishTissueMonitoring/FishTissueResults.aspx.

Additional information: The Virginia Department of Health (VDH) uses the data generated by DEQ's fish tissue monitoring program to determine the need for fish consumption advisories. More information on VDH fish consumption advisories is available at http://www.vdh.virginia.gov/environmental-epidemiology/public-health-toxicology/fish-consumption-advisories/.

Contacts for more information: Questions on DEQ's fish tissue monitoring program can be directed to Rick Browder at telephone (804) 698-4134 or email richard.browder@deq.virginia.gov, or Gabriel Darkwah at telephone (804) 698-4127 or email gabriel.darkwah@deq.virginia.gov. Additional information is also available on the DEQ Water Quality Monitoring website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityMonitoring.aspx.

Contact Information: Rick Browder, Sampling Coordinator, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4134, or email richard.browder@deq.virginia.gov.

Availability of the 2019 Citizen Water Quality Monitoring Grant Program Request for Proposals

The Department of Environmental Quality (DEQ) is pleased to make available the 2019 Citizen Water Quality Monitoring Grant Program Request for Proposals (RFP). The primary purpose of these grants is to provide funding for water quality monitoring groups and individuals to monitor the quality of Virginia's waters. The grant can be used in a variety of ways, including purchasing water quality monitoring equipment, training citizen volunteers, paying lab analysis costs, and promoting stream monitoring at locations where DEQ is not currently collecting water quality samples. Applicants can choose from three grant options but may only apply for one grant. Multiple applications will be rejected.

The grant options include:

1. Mini-Grant: Maximum award up to $1,000. Open only to applicants who have not received a DEQ citizen monitoring grant in the previous three years. The grantee must use at least one-third of the award for equipment and begin water monitoring before the end of the grant period.

2. Regular Grant: Maximum award up to $5,000. Open to any applicants who wish to apply but recommended for organizations already familiar with water quality monitoring. The grantee must submit a Quality Assurance Project Plan (QAPP), use at least one-third of the award for equipment, and begin water monitoring before the end of the grant period.

3. Coordination Grant: Maximum award up to $11,000. Open only to applicants who coordinate at least three member monitoring organizations that total 35 or more volunteers. In addition, monitoring occurs at more than 50 sample sites, covering at least three Virginia localities. The grantee must submit a QAPP, use at least one-third of the award for equipment, and begin water monitoring before the end of the grant period.

The grant application can be downloaded from the DEQ Citizen Monitoring Program Grant webpage on July 2, 2018, at www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityMonitoring/CitizenMonitoring/GrantOpportunities.aspx.

In addition to offering the Citizen Water Quality Monitoring Grant Program, DEQ also provides technical assistance with developing a water quality monitoring program or a QAPP. Questions regarding the Citizen Water Quality Monitoring Grant or technical assistance should be directed to Stuart Torbeck, Department of Environmental Quality, P.O. Box 1105, Richmond, Virginia 23218, telephone (804) 698-4461, or email charles.torbeck@deq.virginia.gov. Information is also available on the DEQ Citizen Monitoring Website at www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityMonitoring/CitizenMonitoring.aspx.

Contact Information: Stuart Torbeck, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4461, or email charles.torbeck@deq.virginia.gov.

Sol Madison Solar LLC Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule - Orange County

Sol Madison Solar LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Orange County pursuant to 9VAC15-60. The proposed Sol Madison Solar project will be a 62.5-megawatt alternating current photovoltaic solar facility on portions of three parcels, totaling approximately 647 acres, roughly positioned south of Constitution Highway and west of State Route 611, near Locust Grove in Orange County. The project will be comprised of photovoltaic collectors and associated equipment.

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

DEPARTMENT OF LABOR AND INDUSTRY

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Labor and Industry 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 14 (2018). 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.

16VAC15-21, Maximum Garnishment Amounts

16VAC15-30, Virginia Rules and regulations Declaring Hazardous Occupations

Contact Information: Holly Raney, Regulatory Coordinator, Department of Labor and Industry, 600 East Main Street, Richmond, VA 23219, email holly.raney@doli.virginia.gov.

The comment period begins July 23, 2018, and ends August 17, 2018.

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.

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on July 3, 2018. The orders may be viewed at the Virginia Lottery, 600 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia.

Director's Order Number Seventy-Four (18)

Virginia Lottery's Scratch Game 1898 "$255,555 Bonus Cash" Final Rules for Game Operation (effective June 18, 2018)

Director's Order Number Seventy-Five (18)

Virginia Lottery's Scratch Game 1897 "$55,555 Bonus Cash" Final Rules for Game Operation (effective June 18, 2018)

Director's Order Number Seventy-Six (18)

Virginia Lottery's Scratch Game 1900 "Cash Money" Final Rules for Game Operation (effective June 18, 2018)

Director's Order Number Seventy-Seven (18)

Virginia Lottery "1st Day Double Retailer Incentive Promotion" (effective August 7, 2018)

Director's Order Number Eighty-Four (18)

Virginia Lottery's Computer-Generated Game "Print 'n Play Classic 7s Bingo" Final Rules for Game Operation (effective August 5, 2018)

Director's Order Number Eighty-Five (18)

Virginia Lottery's Computer-Generated Game "Print 'n Play Bonus 7s Bingo" Final Rules for Game Operation (effective August 5, 2018)

Director's Order Number Ninety-Two (18)

Certain Virginia Print 'n Play Games: End of Games

The following Virginia Lottery games will end on August 4, 2018:

Virginia Lottery's Print 'n Play Bonus Bingo (42 2018)

Virginia Lottery's Print 'n Play Hot 'n Spicy Bingo (38 2018)

Virginia Lottery's Print 'n Play Safari Bingo (37 2018)

Virginia Lottery's Print 'n Play High Roller Bingo (39 2018)

Virginia Lottery's Print 'n Play Smokin' Hot Crossword (36 2018)

Virginia Lottery's Print 'n Play Daily Crossword (41 2018)

Virginia Lottery's Print 'n Play Gold Rush Crossword (40 2018)

Virginia Lottery's Print 'n Play Diamond Club Crossword (45 2018)

Virginia Lottery's Print 'n Play Blackjack (43 2018)

Virginia Lottery's Print 'n Play $50,000 Blackjack (44 2018)

(effective August 4, 2018)

Director's Order Number Ninety-Three (18)

Virginia Lottery's "Game Guy's Expedition Expeditions Facebook Promotion" Final Rules for Operation (effective July 1, 2018)

Director's Order Number Ninety-Six (18)

Certain Virginia Promotion; Prize Structure Correction.

Mega Grocery Shopping Dash Amendment Order (72 2018) (this Director's Order is effective nunc pro tunc to June 1, 2018, and shall remain in full force and effect through the end Promotion date unless amended or rescinded by further Director's Order)

Director's Order Number Ninety-Seven (18)

"Retailer Recruitment Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (effective July 1, 2018)

Director's Order Number One Hundred-Six (18)

Virginia Lottery "Enhanced Selling Bonus Retailer Incentive Promotion" (effective July 1, 2018)

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Draft Community Mental Health Rehabilitative Services and Behavioral Therapy Supplement Provider Manuals for Stakeholder Input

Comment period: June 26, 2018, to July 29, 2018.

The draft chapters (Chapters 2, 4, 5, 6, Appendix C, and the Behavioral Therapy Supplement) of the Community Mental Health Rehabilitative Services (CMHRS) Provider Manual are posted on the Department of Medical Assistance Services for public comment through July 29, 2018.

The CMHRS Provider Manual will be finalized and officially posted by August 1, 2018, at https://www.virginiamedicaid.dmas.virginia.gov/wps/portal/ProviderManual.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 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.

Draft Psychiatric Services Provider Manual for Stakeholder Input

Comment period: June 27, 2018, to July 27, 2018.

The draft chapters (Chapters 2, 4, 5, 6, and Appendix C) of the Psychiatric Services Provider Manual are posted on the Department of Medical Assistance Services website at http://www.dmas.virginia.gov/#/manualdraft for public comment through July 27, 2018.

The Psychiatric Services Provider Manual will be finalized and officially posted by August 1, 2018, at https://www.virginiamedicaid.dmas.virginia.gov/wps/portal/ProviderManual.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 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 MINES, MINERALS AND ENERGY

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Mines, Minerals and Energy 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 14 (2018). 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.

4VAC25-125, Regulations Governing Coal Stockpiles and Bulk Storage and Handling Facilities

4VAC25-165, Regulations Governing the Use of Arbitration to Resolve Coalbed Methane Gas Ownership Disputes

Contact Information: Michael Skiffington, Regulatory Coordinator, Division of Administration, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219, or email mike.skiffington@dmme.virginia.gov.

The comment period begins July 23, 2018, and ends August 13, 2018.

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.

BOARD OF PHARMACY

Emergency Regulations for Pharmaceutical Processors of CBD or THC-A Oil

Comment period: July 23, 2018, through August 22, 2018.

The Board of Pharmacy will be adopting proposed regulations to replace emergency regulations for pharmaceutical processors at its meeting on September 25, 2018. Prior to adoption, it is seeking comment on the regulations as amended by the board at its meeting in June. Public comment may be posted on the Virginia Regulatory Town Hall or sent to the executive director of the board.

The emergency regulations may be viewed at http://leg1.state.va.us/000/lst/r1456642.HTM.

Contact Information: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4456, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

SAFETY AND HEALTH CODES BOARD

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Virginia Department of Labor and Industry (DOLI) and the Safety and Health Codes Board are conducting a periodic review and small business impact review of 16VAC25-145, Safety Standards for Fall Protection in Steel Erection, Construction Industry. The review of this regulation will be guided by the principles in Executive Order 14 (2018).

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 23, 2018, and ends August 17, 2018.

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 may also be sent to Holly Raney, Regulatory Coordinator, Virginia Department of Labor and Industry, 600 East Main Street, Richmond, VA 23219, email holly.raney@doli.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.

Occupational Exposure to Beryllium for General Industry

On June 14, 2018, the Safety and Health Codes Board adopted a stay of compliance dates for the Occupational Exposure to Beryllium for General Industry, 16VAC25-90-1910.1024, with an effective date of September 15, 2018. The identical federal regulation, 29 CFR 1910.1024, has been subjected to an administrative stay of enforcement by the federal Occupational Safety and Health Administration (OSHA) per the memorandum from Director Thomas Galassi of the OSHA Directorate of Enforcement Programs on May 2, 2018.

Occupational Exposure to Beryllium for the Shipyard Industry and the Construction Industry

On June 14, 2018, the Safety and Health Codes Board adopted an indefinite stay of compliance dates for the "ancillary" provisions of the Occupational Exposure to Beryllium for the Shipyard Industry, Part 1915, and the Construction Industry, Part 1926, 16VAC25-100-1915.1024 and 16VAC25-175-1926.1124, with an effective date of September 15, 2018. The board also adopted a compliance date for §§ 1915.1024(c) and 1926.1124(c), permissible exposure limits, with an effective date of September 15, 2018. The identical federal regulations, 29 CFR 1915.1024 and 29 CFR 1926.1124, have been subjected to an indefinite administrative stay and Health Administration (OSHA) per the memorandum from Director Thomas Galassi of the OSHA Directorate of Enforcement Programs on March 2, 2018.

STATE WATER CONTROL BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Water Control Board conducted a small business impact review of 9VAC25-280, Ground Water Standards, and determined that this regulation should be retained in its current form. The State Water Control Board is publishing its report of findings dated July 2, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The current regulation continues to be needed. This regulation establishes groundwater standards to protect the quality of groundwater in the Commonwealth. No public comments were received during the periodic review comment period.

The regulation establishes groundwater standards that are statewide and applicable for the different physiographic provinces in the Commonwealth. This regulation is a state-only regulation, and these standards do not overlap, duplicate, or conflict with federal or state law or regulation.

This regulation was last amended in 2004. The groundwater standards in this regulation continue to be beneficial.

The regulation establishes groundwater standards and does not directly impact small businesses.

Contact Information: Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Water Control Board conducted a small business impact review of 9VAC25-740, Water Reclamation and Reuse Regulation, and determined that this regulation should be retained in its current form. The State Water Control Board is publishing its report of findings dated June 27, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation continues to be needed. Consistent with State Water Control Law, the regulation has established requirements for the reclamation and reuse of wastewater that are protective of state waters and public health as an alternative to directly discharging pollutants into state waters.

Public comments were received during the periodic review of this regulation and included the following:

• Changing terminology, labeling/identification, education, and reclaimed water filling station requirements included in the regulation.

• Increase funding to support reclaimed water projects.

• Include a "de minimus" provision for unplanned releases of reclaimed water.

• Include industrial humidification as a generally approved reuse of Level 1 reclaimed water.

• Develop a comprehensive direct and indirect potable reuse framework in Virginia.

None of the commenters indicated their suggested change would minimize the impact of the regulation on small business. Responses to individual comments are included in the public comment section of the notice posted on the Virginia Regulatory Town Hall.

The regulation is technical in nature and contains requirements that are complex. These include different reclaimed water standards and treatment requirements based on the type of wastewater to be reclaimed and the intended reuse of the reclaimed water.

The regulation is a state-only regulation. There are federal guidelines, but no federal regulations for the reclamation and reuse of wastewater.

Although changes in technology have occurred since the last amendment of the regulation in 2014, design and operational requirements of the regulation remain applicable and relevant.

Consistent with § 62.1-44.2 of the Code of Virginia, the regulation promotes and encourages the reclamation and reuse of wastewater in a manner protective of the environment and public health but does not require any person or party, including small businesses, to perform this activity. Consequently, the regulation does not adversely impact small businesses.

Contact Information: Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.

Enforcement Action for Earl M. Thompson

An enforcement action has been proposed for Earl M. Thompson regarding certain violations of State Water Control Law that occurred at the Breeze Hill Subdivision in Goochland County. A description of the proposed action is available online at www.deq.virginia.gov. Lee Crowell will accept comments by email at lee.crowell@deq.virginia.gov or postal mail at Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23219, from July 23, 2018, through August 22, 2018.

Proposed Consent Order for Dutoy Creek Wastewater Treatment Plant

An enforcement action has been proposed for Powhatan County for the Dutoy Creek Wastewater Treatment Plant located at 2040 Anderson Highway, Powhatan County, VA. The State Water Control Board proposes to issue a consent order to address noncompliance with State Water Control Law and regulations. The order contains only a civil charge as the corrective action is complete. A description of the proposed order is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at frank.lupini@deq.virginia.gov, FAX at (804) 698-4277, or postal mail at Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, from July 23, 2018, to August 23, 2018.

Public Meeting for Total Maximum Daily Load Study for Barbours Creek, Craig Creek, Catawba Creek, Little Patterson Creek, Sinking Creek, Lapsley Run, and Part of the James River

Public informational meeting: A community meeting will be held on Tuesday, August 7, 2018, from 6 p.m. until 7 p.m. at the Eagle Rock Public Library, 55 Eagles Nest Drive, Eagle Rock, VA 24085. In the case of inclement weather, the meeting will be rescheduled for August 9, 2018, from 6 p.m. until 7 p.m. at Eagle Rock Public Library. These meetings will be open to the public, and all are welcome. For more information, please contact Lucy Baker at lucy.baker@deq.virginia.gov or telephone (540) 562-6718.

Purpose of notice: The Department of Environmental Quality (DEQ) and its contractors, Virginia Tech's Biological Systems Engineering Department, will discuss the final results of a water quality study, known as a total maximum daily load (TMDL) for Barbours Creek, Craig Creek, Catawba Creek, Little Patterson Creek, Sinking Creek, Lapsely Run, and a section on the James River in Craig and Botetourt Counties. These streams are listed on the § 303(d) TMDL Priority List and Report as impaired due to violations of Virginia's water quality standards for recreational use and general standard (benthics). 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) TMDL Priority List and Report. This is an opportunity for local residents to learn about the condition of these streams, share information about the area, and become involved in the process of local water quality improvement. The draft TMDL can be found on DEQ's website. A 30-day public comment period will follow the meetings (August 7, 2018, to September 6, 2018).

Description of study: In Botetourt and Craig Counties, portions of the James River, Catawba Creek, Craig Creek, Barbours Creek, Sinking Creek, Lapsley Run, and Little Patterson Creek are impaired for the "recreational use" water quality standard, meaning there is too much E. Coli bacteria present in these waterbodies. A section of Catawba Creek does not have a healthy and diverse community of aquatic organisms and subsequently does not meet the "aquatic life" water quality standard. Excessive bacteria levels may pose a threat to human health, therefore, a bacteria standard was established to preserve recreational uses in Virginia's waterbodies. This water quality study will report on the sources of bacteria and recommend reductions to meet TMDLs for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, bacteria levels need to be reduced to the TMDL amount. A component of a TMDL is the wasteload allocation (WLA); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Administrative Process Act for any future adoption of the TMDL WLAs.

How to comment and participate: The meetings of the TMDL process are open to the public and all interested parties are welcome. Written comments will be accepted through September 6, 2018, and should include the name, address, and telephone number of the person submitting the comments. For more information or to submit written comments, please contact: Lucy Baker, Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, telephone (540) 562-6718, FAX (540) 562-6725, or email lucy.baker@deq.virginia.gov.

Public Meetings for the Development of a TMDL Implementation Plan for Mattaponi River Watershed: Brock Run, Chapel Creek, Doctors Creek, Glady Run, Maracossic Creek, Mat River, Matta River, Mattaponi River, Motto River, Po River, Polecat Creek, Poni River, Reedy Creek, and Root Swamp

The Virginia Department of Environmental Quality (DEQ) will host two public meetings on a water quality study for the Mattaponi River Watershed, including portions of Brock Run, Chapel Creek, Doctors Creek, Glady Run, Maracossic Creek, Mat River, Matta River, Mattaponi River, Motto River, Po River, Polecat Creek, Poni River, Reedy Creek, and Root Swamp in Caroline, King and Queen, King William, Orange, and Spotsylvania Counties on July 24, 2018, and July 31, 2018.

The July 24 meeting will be held at the C. Melvin Snow Memorial Library, 8740 Courthouse Road, Spotsylvania, VA 22553 from 6 p.m. until 8 p.m. The July 31 meeting will be at the Bowling Green Town Hall, 117 Butler Street, Bowling Green, VA 22427, from 4:30 p.m. until 6:30 p.m.

The waters listed for this study were identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the E. Coli bacteria criteria for recreational uses. The impairments are based on water quality monitoring data reports that documented exceedances of Virginia's water quality standard for bacteria.

At these meetings, DEQ will discuss the March 2016 Mattaponi River Watershed Bacteria Total Maximum Daily Load (TMDL) report findings and the development of an implementation plan.  Meeting participants will learn how they can contribute to the plan development and support restoration of the impaired waters within the watershed. After a 45-minute public meeting, stakeholders will break into working group sessions to provide their initial input for the plan. One work group will discuss agricultural bacteria source reduction needs and opportunities; the other work group will discuss residential source reductions from septic systems, pet wastes, and stormwater. An additional meeting of each working group will be scheduled for fall 2018.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop total maximum daily loads for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report and subsequent water quality assessment reports. 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 TMDL report for Mattaponi River, which was approved by EPA on July 19, 2016, can be found at http://www.deq.virginia.gov/Portals/0/DEQ/Water/TMDL/apptmdls/yorkrvr/MattaponiBact2016.pdf. Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

The public comment period on materials presented at this meeting will extend from July 31, 2018, to August 30, 2018. For additional information or to submit comments, contact David Evans at the Virginia Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, by telephone (703) 583-3835, or email david.evans@deq.virginia.gov.

VIRGINIA WASTE MANAGEMENT BOARD

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Environmental Quality is conducting a periodic review and small business impact review of 9VAC20-170, Transportation of Solid and Medical Wastes on State Waters. The review of this regulation will be guided by the principles in Executive Order 14 (2018).

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 23, 2018, and ends August 13, 2018.

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 Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.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.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; 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 https://commonwealthcalendar.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/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 MEDICAL ASSISTANCE SERVICES

Title of Regulation: 12VAC30-70. Methods and Standards for Establishing Payment Rates – Inpatient Hospital Services.

Publication: 34:23 VA.R. 2162-2171 July 9, 2018

Correction to Final Regulation:

Page 2163, first column, above subsection A, insert "12VAC30-70-351. Updating rates for inflation."

VA.R. Doc. No. R18-5387; Filed July 5, 2018