GENERAL NOTICES
Vol. 36 Iss. 11 - January 20, 2020

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Draft Temporary Detention Order Supplement for Stakeholder Input

The draft Temporary Detention Order (TDO) Supplement is available on the Department of Medical Assistance Services website at http://www.dmas.virginia.gov/#/manualdraft.

Updates include (i) claims processing requirements for crisis stabilization units that admit individuals ages 21 through 64 under TDOs; (ii) coverage information for individuals enrolled in Medicaid's managed care programs; and (iii) clarifying the Federal Managed Care Rule for individuals ages 21 through 64 enrolled in Medicaid managed care receiving services in an institution for mental disease.

The updated information can be found on pages 1 through 4 of the draft supplement. Once finalized, the supplement will be housed in the hospital, physician-practitioner, and psychiatric services provider manuals.

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.

STATE WATER CONTROL BOARD

Amendment of Water Quality Management Planning Regulation

Notice of action: The State Water Control Board is considering the amendment of the regulation on water quality management planning in accordance with the public participation procedures for water quality management planning. A regulation is a general rule governing people's rights or conduct that is upheld by a state agency.

Purpose of notice: The board is seeking comments through the Department of Environmental Quality (DEQ) on the proposed amendment. The purpose of the amendment to the state's Water Quality Management Planning Regulation (9VAC25-720) is to adopt 11 new total maximum daily load (TMDL) wasteload allocations.

Public comment period: January 20, 2020, through February 19, 2020.

Description of proposed action: DEQ staff will propose amendments of the state's Water Quality Management Planning Regulation for the Potomac-Shenandoah River Basin (9VAC25-720-50 A) and James River Basin (9VAC25-720-60 A). Statutory authority for promulgating these amendments can be found in § 62.1-44.15 of the Code of Virginia.

Staff intends to recommend (i) that the board approve the two TMDL reports as the plan for the pollutant reductions necessary for attainment of water quality goals in the impaired segments, (ii) that the board authorize inclusion of the two TMDL reports in the appropriate water quality management plan, and (iii) that the board adopt 11 new TMDL wasteload allocations (WLAs) as part of the state's Water Quality Management Planning Regulation in accordance with § 2.2-4006 A 14 and B of the Code of Virginia.

The TMDL reports were developed in accordance with federal regulations (40 CFR 130.7) and are exempt from the provisions of Article 2 (§ 2.2-4006 et seq.) of the Virginia Administrative Process Act. The reports were subject to the TMDL public participation process contained in DEQ's public participation procedures for water quality management planning. The public comment process provides the affected stakeholders an opportunity for public appeal of the TMDL.

As of July 1, 2014, TMDL WLAs can receive State Water Control Board approval prior to Environmental Protection Agency (EPA) approval due to amendments outlined in § 2.2-4006 A 14 of the Code of Virginia. The two TMDL reports in this public notice have been reviewed by the EPA for required TMDL elements, but remain in draft form awaiting State Water Control Board approval. The draft reports can be found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.

Affected waterbodies and localities for the 11 new TMDL wasteload allocations:

Potomac-Shenandoah River Basin (9VAC25-720-50 A): "A TMDL and Watershed Management Plan to address Sediment in North Fork Catoctin Creek Located in Loudoun County, Virginia"

• The North Fork Catoctin Creek TMDL, located in Loudoun County, proposes sediment reductions for the North Fork Catoctin Creek watershed and provides a new sediment wasteload allocation of 99.1 tons/year.

James River Basin (9VAC25-720-60 A): "Benthic TMDL Development for the North Fork Rivanna River Watershed and Tributaries Located in Albemarle, Greene, and Orange Counties"

• The North Fork Rivanna River and tributaries TMDL, located in Albemarle, Greene, and Orange Counties, proposes sediment reductions for the Blue Run, Marsh Run, Preddy Creek, Preedy Creek North Branch, Quarter Creek, Standardsville Run, Swift Run, and an unnamed Tributary to Flat Branch watersheds and provides new sediment wasteload allocations of 20,750 lbs/year, 5,210 lbs/year, 105,600 lbs/year, 47,940 lbs/year, 11,020 lbs/year, 6,105 lbs/year, 89,130 lbs/year, and 27,890 lbs/year.

• The North Fork Rivanna River and tributaries TMDL, located in Albemarle, Greene, and Orange Counties, proposes total phosphorus reductions for the Blue Run and Standardsville Run watersheds and provides new total phosphorus wasteload allocations of 21.8 lbs/year and 4.6 lbs/year.

How to comment: DEQ accepts written comments by email, fax, and postal mail. All written comments must include the full name, address, and telephone number of the person commenting and be received by DEQ by 5 p.m. on the last day of the comment period.

How a decision is made: After comments have been considered, the board will make the final decision. Citizens who submit statements during the comment period may address the board members during the board meeting at which a final decision is made on the proposal.

To review documents: The TMDL reports are available on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx and by contacting the DEQ representative listed for any report. The electronic copies are in PDF or Word format and may be read online or downloaded.

Contact for public comments, document requests, and additional information: Kelly Meadows, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 698-4291, FAX: (804) 698-4032, or email kelly.meadows@deq.virginia.gov.

Proposed Consent Special Order for Lakeside Real Estate LLC

An enforcement action is being proposed for Lakeside Real Estate LLC for alleged violations regarding financial assurance mechanisms used to demonstrate financial responsibility, corrective action requirements that occurred at 5301 Lakeside Avenue, Richmond, Virginia 23228. The State Water Control Board proposes to issue a consent special order to Lakeside Real Estate LLC to address the noncompliance. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Natalie Womack will accept comments by email at natalie.womack@deq.virginia.gov or by postal mail at Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23219, from January 20, 2020, to February 20, 2020.

Proposed Consent Order for Reston RELAC LLC

An enforcement action has been proposed for Reston RELAC LLC for violations of the State Water Control Law and regulations at Reston Lake Anne Air Conditioning located in Reston, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with Reston Lake Anne Air Conditioning. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Benjamin Holland will accept comments by email at benjamin.holland@deq.virginia.gov or by postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from January 21, 2020, through February 20, 2020.

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

VIRGINIA BOARD FOR ASBESTOS, LEAD, AND HOME INSPECTORS

Title of Regulation: 18VAC15-20. Virginia Asbestos Licensing Regulations.

Publication: 36:9 VA.R. 1073-1075 December 23, 2019.

Correction to Final Regulation:

Page 1074, FORMS, replace "Asbestos - Experience Verification Application, A506-33AEXP-v4 (rev. 8/2015)" with "Asbestos - Experience Verification Application, A506-33AEXP-v5 (rev. 3/2019)"

VA.R. Doc. No. R20-6213; Filed December 26 2019, 3:40 p.m.

Title of Regulation: 18VAC15-30. Virginia Lead-Based Paint Activities Regulations.

Publication: 36:9 VA.R. 1075-1076 December 23, 2019.

Correction to Final Regulation:

Page 1076, FORMS, column 2, replace "Contractor - Asbestos & Lead License Renewal Form, A506-33CONREN-v4 (rev. 2/2018)" with "Contractor - Asbestos & Lead License Renewal Form, A506-33CONREN-v5 (rev. 9/2019)"

VA.R. Doc. No. R20-6214; Filed December 26, 2019, 4:17 p.m.

Title of Regulation: 18VAC15-40. Home Inspector Licensing Regulations.

Publication: 36:9 VA.R. 1076-1077, December 23, 2019.

Correction to Final Regulation:

Page 1077, FORMS, replace "Home Inspector - Course Approval Application, Prelicense Education Course/NRS Training Module/NRS CPE, A506-3331HICRS-v1 (eff. 4/2017)" with "Home Inspector - Course Approval Application, Prelicense Education Course/NRS Training Module/NRS CPE, A506-3331HICRS-v2 (eff. 8/2019)"

VA.R. Doc. No. R20-6215; Filed December 26, 2019, 4:17 p.m.