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 9VAC5-540, Emergency Generator
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regulation should be repealed, amended, or retained in its current form.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 August 6, 2018, and ends August 27,
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 Virginia Regulatory Town Hall and a report
of the small business impact review will be published in the Virginia Register
of Regulations.
BOARD OF COUNSELING
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 Board of Counseling 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regulation should be repealed, amended, or retained in its current form.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).
18VAC115-15, Delegation of Informal Fact-Finding to an
Agency Subordinate
18VAC115-20, Regulations Governing the Practice of
Professional Counseling
18VAC115-50, Regulations Governing the Practice of Marriage
and Family Therapy
18VAC115-60, Regulations Governing the Practice of Licensed
Substance Abuse Treatment Practitioners
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 each regulation,
including whether the regulation (i) is necessary for the protection of public
health, safety, and welfare or for the economical performance of important
governmental functions; (ii) minimizes the economic impact on small businesses
in a manner consistent with the stated objectives of applicable law; and (iii)
is clearly written and easily understandable.
The comment period begins August 6, 2018, and ends September 5,
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 Elaine J. Yeatts, Senior Policy Analyst,
Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA
23233.
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.
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 Board of Counseling is conducting a
periodic review and small business impact review of 18VAC115-40, Regulations
Governing the Certification of Rehabilitation Providers. 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 August 6, 2018, and ends September 5,
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 Elaine J. Yeatts, Senior Policy Analyst,
Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA
23233.
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 ENVIRONMENTAL QUALITY
Waverly Solar LLC Notice of Intent for
Small Renewable Energy Project (Solar) Permit by Rule - Sussex County
Waverly Solar LLC has provided the Department of Environmental
Quality with a notice of intent to submit the necessary documentation for a
permit by rule for a small renewable energy project (solar) in Sussex County.
The project is located on approximately 2,000 acres southwest of U.S. Route 460
approximately one to three miles southwest and west of Waverly. The project
conceptually consists of approximately 340,056 440-watt alternating current modules
across 120.6 megawatt alternating current arrays, providing a facility new
capacity of 118 megawatts alternating current.
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) 698-4319, or email mary.major@deq.virginia.gov.
VIRGINIA LOTTERY
Director's Orders
The following Director's Orders of the Virginia Lottery were
filed with the Virginia Registrar of Regulations on July 18, 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
Eighty (18)
Virginia's Computer-Generated Lottery Game Cash4Life®
Final Rules for Game Operation (this Director's Order becomes effective on July
24, 2018, fully replaces any and all prior Virginia Lottery Cash4Life®
Virginia-specific game rules, and shall remain in full force and effect unless
amended or rescinded by further Director's Order)
Director's Order Number
Eighty-One (18)
Final Rules for Operation: "Subscription Program" for
Certain Virginia Lottery Computer-Generated Games (this Director's Order
becomes effective on July 24, 2018, fully replaces any and all Virginia Lottery
"Subscription Program" Rules, and shall remain in full force and
effect unless amended or rescinded by further Director's Order)
Director's Order Number Eighty-Two (18)
Virginia Lottery's Computer-Generated Game "Print 'n Play
Ultimate 7s Bingo" Final Rules for Game Operation (effective August 5,
2018)
Director's Order Number Eighty-Three (18)
Virginia Lottery's Computer-Generated Game "Print 'n Play
Super 7s Bingo" Final Rules for Game Operation (effective August 5, 2018)
Director's Order Number Eighty-Six (18)
Virginia Lottery's Computer-Generated Game "Print 'n Play
Blackjack Classic" Final Rules for Game Operation (effective August 5,
2018)
Director's Order Number Eighty-Seven (18)
Virginia Lottery's Computer-Generated Game "Print 'n Play
Extreme Crossword" Final Rules for Game Operation (effective August 5,
2018)
Director's Order Number Eighty-Eight (18)
Virginia Lottery's Computer-Generated Game "Print 'n Play
High Stakes Blackjack" Final Rules for Game Operation (effective August 5,
2018)
Director's Order Number Eighty-Nine (18)
Virginia Lottery's Computer-Generated Game "Print 'n Play
Horoscope Crossword" Final Rules for Game Operation (effective August 5,
2018)
Director's Order Number Ninety (18)
Virginia Lottery's Computer-Generated Game "Print 'n Play
Money Bag Crossword" Final Rules for Game Operation (effective August 5,
2018)
Director's Order Number Ninety-One (18)
Virginia Lottery's Computer-Generated Game "Print 'n Play
Platinum Crossword" Final Rules for Game Operation (effective August 5,
2018)
Director's Order Number Ninety-Four (18)
Virginia Lottery's Scratch Game 1904 "Creepy Cash"
Final Rules for Game Operation (effective June 18, 2018)
Director's Order Number
Ninety-Eight (18)
Virginia Lottery's Scratch Game 1899 "Win Either $100 or
$200" Final Rules for Game Operation (effective July 5, 2018)
Director's Order Number One Hundred Five (18)
Certain Virginia Instant Game Lotteries: End of Games.
In accordance with the authority granted by §§ 2.2-4002 B 15
and 58.1-4006 A of the Code of Virginia, I hereby give notice that the
following Virginia Lottery scratch games will officially end at midnight on
July 16, 2018.
Game 1883
|
Red Hot 7s (TOP)
|
Game 1882
|
Hot 7s
|
Game 1844
|
Casino Cheer
|
Game 1831
|
Tic Tac Toe
|
Game 1830
|
Loose Change
|
Game 1824
|
Win Either $50 or $100
|
Game 1818
|
5X The Money (TOP)
|
Game 1810
|
$5,000,000 Cash Payout
|
Game 1807
|
2X The Money (TOP)
|
Game 1789
|
$
|
Game 1781
|
20X The Money
|
Game 1776
|
$50,000 Crossword Tripler
|
Game 1768
|
Game Of Riches
|
Game 1696
|
In The Money
|
Game 1664
|
$1,000,000 Instant Cashout
|
Game 1602
|
Money Bag Doubler
|
Game 1478
|
$5,000,000 Cash Blowout
|
Game 1466
|
$52 Million Cash Spectaular
|
The last day for Lottery retailers to return for credit unsold
tickets from any of these games will be August 27, 2018. The last day to redeem
winning tickets for any of these games will be January 12, 2019, 180 days from
the declared official end of the game. Claims for winning tickets from any of
these games will not be accepted after that date. Claims that are mailed and
received in an envelope bearing a postmark of the United States Postal Service
or another sovereign nation of January 12, 2019, or earlier, will be deemed to
have been received on time. This notice amplifies and conforms to the duly
adopted State Lottery Board regulations for the conduct of lottery games.
This order is available for inspection and copying during
normal business hours at the Virginia Lottery headquarters, 600 East Main
Street, Richmond, Virginia and at any Virginia Lottery office. A copy may be
requested by mail by writing to: Director's Office, Virginia Lottery, 600 East
Main Street, Richmond, Virginia 23219.
This Director's Order becomes effective on July 5, 2018, and
shall remain in full force and effect unless amended or rescinded by further
Director's Order.
Director's Order Number One Hundred Seven (18)
Virginia Lottery's "FY19 eXTRA Chances Promotion"
Final Rules for Game Operation (this Director's Order is effective nunc pro
tunc to June 25, 2018. It fully replaces Director's Order 79(2018) in order to
correct certain typographical errors and provide clarifying language. This
Director's Order 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 One Hundred Eight (18)
Virginia's Computer-Generated Lottery Game "Bank A
Million" Final Rules for Game Operation (this Director's Order becomes
effective on July 17, 2018, fully replaces any and all Virginia Lottery
"Bank A Million" Game Rules, and shall remain in full force and
effect unless amended or rescinded by further Director's Order)
Director's Order Number One Hundred Nine (18)
Virginia Lottery's Computer-Generated Game "Cash 5"
Final Rules for Game Operation (this Director's Order becomes effective on July
17, 2018, fully replaces any and all prior Virginia Lottery "Cash 5"
game rules, and shall remain in full force and effect unless amended or
rescinded by further Director's Order)
Director's Order Number One Hundred Ten (18)
Virginia's Computer-Generated Lottery Game "Pick 3"
Final Rules for Game Operation (this Director's Order becomes effective on July
17, 2018, fully replaces any and all prior Virginia Lottery "Pick 3"
game rules, and shall remain in full force and effect unless amended or
rescinded by further Director's Order)
Director's Order Number One Hundred Eleven (18)
Virginia's Computer-Generated Lottery Game "Pick 4"
Final Rules for Game Operation (this Director's Order becomes effective on July
17, 2018, fully replaces any and all prior Virginia Lottery "Pick 4"
game rules, and shall remain in full force and effect unless amended or rescinded
by further Director's Order)
Director's Order Number One
Hundred Twelve (18)
Virginia Lottery's Scratch Game 1903 "Bingo
Multiplier" Final Rules for Game Operation (effective July 17, 2018)
Director's Order Number One
Hundred Fourteen (18)
Virginia Lottery's "Game Guy Player Experience
Promotion" Final Rules for Game Operation (effective July 25, 2018)
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Notice of Intent to Amend Virginia
State Plan for Medical Assistance - Supplemental Payments 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 Methods and Standards
for Establishing Payment Rates - Inpatient Hospital Services (12VAC30-70) and
Methods and Standards for Establishing Payment Rates; Other Types of Care
(12VAC30-80).
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 § 396a(a)(13). A copy of this notice is available for public
review from Karen Cameron, Provider Reimbursement Division, Department of
Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219,
or via email at karen.cameron@dmas.virginia.gov.
DMAS is
specifically soliciting input from stakeholders, providers, and beneficiaries
on the potential impact of the proposed changes discussed in this notice. Comments or
inquiries may be submitted in writing within 30 days of this notice publication
to Ms. Cameron, and such comments are available for review at the same address.
Comments may also be submitted in writing on the Virginia Regulatory Town Hall
public comment forum. This notice is available for public review on the Town
Hall on the General Notices page found at https://townhall.virginia.gov/L/generalnotice.cfm.
1. Inpatient supplemental payments
for private acute care hospitals. The 2018 Acts of Assembly directs DMAS to provide supplemental
inpatient hospital payments to qualifying hospitals up to the private hospital
upper payment limit for private hospitals. Qualifying hospitals include
all private acute care hospitals and exclude public hospitals, freestanding
psychiatric and rehabilitation hospitals, children's hospitals, long stay
hospitals, long-term acute care hospitals, and critical access hospitals. The
total supplemental payment shall be based on the difference between the private
hospital inpatient upper payment limit in 42 CFR
447.272 as approved by the Centers for Medicare and Medicaid Services (CMS) and
all other Medicaid payments subject to such limit. Effective October 1, 2018, the department is amending the
State Plan to make supplemental payments to all qualifying hospitals. The
department shall also, effective October 1, 2018, include in its contracts with
managed care organizations a directed payment for qualifying hospitals
consistent with the State Plan amendment.
The expected increase in annual aggregate expenditures
including managed care is $211,476,474 for state fiscal year 2019 and
$604,218,496 for state fiscal year 2020.
2. Outpatient supplemental payments for private acute care
hospitals. The 2018 Acts of Assembly directs DMAS to provide supplemental
outpatient hospital payments to qualifying hospitals up to the private hospital
upper payment limit for private hospitals. Qualifying hospitals
include all private acute care hospitals and exclude public hospitals,
freestanding psychiatric and rehabilitation hospitals, children's hospitals,
long stay hospitals, long-term acute care hospitals, and critical access
hospitals. The total supplemental payment shall be based on the difference
between the private hospital outpatient upper payment limit in 42 CFR 447.321 as approved by CMS and all other
Medicaid payments subject to such limit. Effective October 1, 2018, the
department is amending the State Plan to make supplemental payments to all
qualifying hospitals. The department shall also, effective October 1, 2018,
include in its contracts with managed care organizations a directed payment for
qualifying hospitals consistent with the State Plan amendment.
The expected increase in annual aggregate expenditures
including managed care is $37,319,378 for state fiscal year 2019 and
$106,626,794 for state fiscal year 2020.
3. Sunsetting of other supplemental payments for private acute
care hospitals. In order to avoid overlapping supplemental payments, the
following supplemental payments to a limited group of private hospitals are
being terminated on the date these new supplemental payments are effective for
a broader group of private hospitals, which
includes the hospitals eligible for the existing supplemental payments:
Supplemental inpatient and outpatient
payments for private hospital partners of Type One hospitals (Culpeper,
Haymarket, and Prince William).
Supplemental inpatient payments for
certain teaching hospitals (Sentara Norfolk General and Carilion Medical
Center) – Item 303 XX 6 c of the Budget Bill authorizes this action.
The expected decrease in annual
aggregate expenditures is $25 million for state fiscal year 2019 and $100
million for state fiscal year 2020.
Contact Information: Karen Cameron, Senior Project Manager, Department of
Medical Assistance Services, 600 East Broad Street, Suite 1300,
Richmond, VA 23219, telephone (804) 298-3868, FAX (804) 786-1680, TDD (800)
343-0634, or email karen.cameron@dmas.virginia.gov.
STATE BOARD OF SOCIAL SERVICES
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 State Board of Social Services is
conducting a periodic review and small business impact review of 22VAC40-730,
Investigation of Child Abuse and Neglect in Out of Family Complaints. 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 August 6, 2018, and ends August 27,
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 Nicole Shipp, 801 East Main Street, Richmond, VA
23219, telephone (804) 726-7545, FAX (804) 726-7499, or email e.shipp@dss.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 Enforcement Action for Crop Production Services Inc.
An enforcement action has been proposed for Crop Production Services Inc. (CPS) regarding violations of
State Water Control Law and regulations at the CPS facility in Cloverdale,
Virginia. The proposed enforcement action includes a civil charge and
injunctive relief. A description of the proposed action is available at
the Department of Environmental Quality office named below or online at www.deq.virginia.gov.
Robert Steele will accept comments by email at robert.steele@deq.virginia.gov,
FAX at (540) 562-6725, or postal mail at Department of Environmental Quality, 3019
Peters Creek Road, Roanoke, VA 24019, from August 6, 2018, to September 5,
2018.
Proposed Consent Order for Holtzman
Corporation
An enforcement action is proposed for Holtzman Corporation for
violations of the State Water Control Law and regulations at 39258 East
Colonial Highway, Hamilton, Loudoun County, Virginia. The State Water Control
Board proposes to issue a consent order to resolve violations associated with a
Holtzman Corporation tanker truck accident. A description of the proposed
action is available at the Department of Environmental Quality office named
below or online at www.deq.virginia.gov. Mark Miller will
accept comments by email at mark.miller@deq.virginia.gov or postal
mail at Department of Environmental Quality, Northern Regional Office, 13901
Crown Court, Woodbridge, VA 22193, from August 7, 2018, through September 6,
2018.
Proposed Consent Special Order for the
King George County Service Authority
An enforcement action has been proposed for the King George
County Service Authority for violations at the Hopyard Farm Wastewater
Treatment Plant, Fairview Beach Wastewater Treatment Plant, Dahlgren Wastewater
Treatment Plant, Oakland Park Wastewater Treatment Plant, and the Purkins
Corner Wastewater Treatment Plant in King George County, Virginia. The State
Water Control Board proposes to issue a special order by consent to the King
George County Service Authority to address noncompliance with the State Water
Control 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.
Kristen Sadtler will accept comments by email at kristen.sadtler@deq.virginia.gov, FAX at (804) 698-4277, or
postal mail at Department of Environmental Quality, Central Office, P.O. Box
1105, Richmond, VA 23218, from August 6, 2018, to September 5, 2018.
Proposed Enforcement Action for Quik
Stop Co.
An enforcement action has been proposed for Quik Stop Co. for
violations of State Water Control Law, specifically involving the Underground
Storage Tanks: Technical Standards and Corrective Action Requirements that
occurred in Richmond, Virginia. A description of the proposed actions is
available online at www.deq.virginia.gov/Programs/Enforcement/PublicNotices.aspx. 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 August 6, 2018,
through September 5, 2018.
Proposed Consent Special Order for
the Town of Victoria
An enforcement action has been proposed for the Town of
Victoria for violations at the Victoria East Sewage Treatment Plant in the Town
of Victoria, Virginia. The State Water Control Board proposes to issue a
special order by consent to the Town of Victoria to address noncompliance with
the State Water Control 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. Kristen Sadtler will accept comments by
email at kristen.sadtler@deq.virginia.gov, FAX
at (804) 698-4277, or postal mail at Department of Environmental Quality,
Central Office, P.O. Box 1105, Richmond, VA 23218, from August 6, 2018, to
September 5, 2018.
Cancellation of 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
The community meeting scheduled for 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 has been canceled.
The purpose of the meeting was to 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.
The meeting announcement was published in 34:24 VA.R. 2481-2483 July 23, 2018.
Contact Information: 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 Comment Opportunity - Proposed
Ammonia Criteria Phased Implementation Program
Title of Regulation: 9VAC25-260, Water Quality Standards
(amending 9VAC25-260-155).
Statutory Authority: § 62.1-44.15 of the Code of Virginia;
Clean Water Act (33 USC § 1251 et seq.); 40 CFR Part 131.
Public Hearing Information:
September 11, 2018 – 2 p.m. - Department of Environmental
Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA
24019.
September 13, 2018 – 2 p.m. - Department of Environmental
Quality, Piedmont Regional Office, 4949 A Cox Road, Glen Allen, VA 23060.
Public Comment Period: August 6, 2018, through October 5, 2018.
Substance: Ammonia Criteria - 9VAC25-260-155. The purpose of
this notice is to solicit comment regarding additional proposed language
developed to address the directives of Chapter 510 of the 2018 Acts of
Assembly. Language has been developed for the proposal to amend 9VAC25-260-155.
The amendment includes new nationally recommended aquatic life criteria, issued
by the U.S. Environmental Protection Agency (EPA) in 2013, for ammonia in
freshwater. Like the current criteria, the proposed criteria are calculated as
a function of temperature and pH and account for the presence or absence of
trout and early life stages of fish. The recalculated ammonia criteria now incorporate
toxicity data for freshwater mussels in the family Unionidae, which are the
most sensitive organisms in the recalculation data base. The new criteria are
about twice as stringent as the existing criteria primarily because more recent
toxicity data show that mussels and snails (including endangered species) are
very sensitive to ammonia, and the current ammonia criteria do not provide
sufficient protection for these species. Site-specific options to calculate
criteria omitting mussel toxicity data are proposed to be used in waters where
a demonstration has been made that mussels are absent; however, consultation
with U.S. Fish and Wildlife Service and the Virginia Department of Game and
Inland Fisheries indicate freshwater mussels should be considered ubiquitous in
Virginia and likely to be present in any perennial waterbody.
This is a continuation of a proposal to amend the water quality
standards, which was the subject of a proposed regulatory action and
opportunity for public comment published in the Virginia Register of
Regulations (34:2 VA.R. 192-236 September 18, 2017).
The proposed regulation includes several amendments
to the water quality standards, but the agency decided to delay the adoption of
the amendments for freshwater ammonia criteria (9VAC25-260-155) due to Chapter
510 of the 2018 Acts of Assembly. The legislation directs the State Water
Control Board (the board) not to adopt the most recent ammonia criteria recommended
by EPA unless the board includes in such adoption a phased implementation
program consistent with the federal Clean Water Act with certain funding and
timing considerations.
Full text of the regulatory language
will be available on the Department of Environmental Quality's website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs
/WaterQualityStandards.aspx on August 6,
2018.
Contact Information: David
Whitehurst, Department of Environmental Quality, 1111 East Main Street, Suite
1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4121, FAX (804)
698-4032, or email david.whitehurst@deq.virginia.gov.
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.