8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 33 Iss. 4 - October 17, 2016

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Emergency Waiver of Reid Vapor Pressure Requirements in Virginia

Effective date: September 16, 2016

Expiration date: October 1, 2016, or until emergency relief is no longer necessary as determined by the Commissioner of Agriculture.

Purpose: The purpose of this order is to provide a waiver to the ASTM Reid Vapor Pressure specifications for ethanol blended gasoline due to an emergency situation involving the Colonial Pipeline.

Background: On September 16, 2016, Governor Terence R. McAuliffe declared a state of emergency for the Commonwealth of Virginia as a measure for uninterrupted gasoline distribution following an incident in Alabama requiring Colonial Pipeline to shut down its Pipeline 1, which routes gasoline to the East Coast.  In Executive Order 59, Governor McAuliffe, pursuant to his authority under § 44-146.17 of the Code of Virginia, authorizes the Department of Agriculture and Consumer Services to grant a temporary waiver of the maximum vapor pressure requirement prescribed in emergency regulation 2VAC5-425, Vapor Pressure Requirements for Gasoline Ethanol Blends, and to prescribe a vapor pressure limit it deems reasonable. Executive Order 59 (2016) provides that the temporary waiver shall remain in effect until October 1, 2016, or until emergency relief is no longer necessary as determined by the Commissioner of Agriculture.

Definitions: "Volatility class C" means fuel with a vapor pressure and distillation designation of "C" set forth in Table 1 Vapor Pressure and Distillation Class Requirements of ASTM D4814-16d.

"Volatility class D" means fuel with a vapor pressure and distillation designation of "D" set forth in Table 1 Vapor Pressure and Distillation Class Requirements of ASTM D4814-16d.

Required vapor pressure limits for September 16, 2016, through September 30, 2016:

Pursuant to the authority granted in Executive Order 59 (2016), the Department of Agriculture and Consumer Services waives the vapor pressure limit for gasoline ethanol blends prescribed by reference to ASTM D4814-16d in emergency regulation 2VAC5-425, Vapor Pressure Requirements for Gasoline Ethanol Blends, for the period of September 16, 2016, through September 30, 2016.

For the period of September 16, 2016, through September 30, 2016, when gasoline is blended with ethanol, the blend's maximum vapor pressure shall not exceed the ASTM D4814-16d limits for volatility class C or volatility class D.

By Order of: Sandra Adams, Commissioner, Virginia Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], TDD [phone].

BOARD OF CORRECTIONS

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 Corrections 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.

6VAC15-11, Public Participation Guidelines

6VAC15-70, Standards for Community Residential Programs

The comment period begins October 17, 2016, and ends November 16, 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.

Contact Information: Jim Bruce, Agency Regulatory Coordinator, Department of Corrections, 6900 Atmore Drive, Richmond, VA 23261-6963, telephone [phone], or email [e-mail].

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on September 28, 2016. The orders may be viewed at the Virginia Lottery, 900 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 201 North 9th Street, 2nd Floor, Richmond, Virginia.

Director's Order Number One Hundred Sixteen (16)

"Redskins Hospitality Tickets Contest" Virginia Lottery Retailer Incentive Program Requirements (effective October 1, 2016)

Director's Order Number One Hundred Seventeen (16)

Virginia Lottery's Scratch Game 1705 "Amazing 8s" Final Rules for Game Operation (effective September 14, 2016)

Director's Order Number One Hundred Eighteen (16)

Virginia Lottery's Scratch Game 1710 "Million $$ Match" Final Rules for Game Operation (effective September 20, 2016)

Director's Order Number One Hundred Nineteen (16)

Virginia Lottery's Scratch Game 1716 "Tripling Bonus Crossword" Final Rules for Game Operation (effective September 20, 2016)

Director's Order Number One Hundred Twenty (16)

Virginia Lottery's "Game Guy Player Experience Promotion" Final Rules for Operation (effective September 16, 2016)

Director's Order Number One Hundred Twenty-One (16)

Virginia Lottery's Scratch Game 1739 "2017" Final Rules for Game Operation (effective September 20, 2016)

Director's Order Number One Hundred Twenty-Two (16)

Virginia Lottery's Scratch Game 1753 "CH-CH-CH-CHIA CASH" Final Rules for Game Operation (effective September 20, 2016)

Director's Order Number One Hundred Twenty-Three (16)

Virginia Lottery's Scratch Game 1726 "Season's Winnings" Final Rules for Game Operation (effective September 20, 2016)

Director's Order Number One Hundred Twenty-Four (16)

Virginia Lottery's Computer-Generated Game "Print 'n Play Blackjack" Final Rules for Game Operation (effective October 9, 2016)

Director's Order Number One Hundred Twenty-Five (16)

Virginia's Computer-Generated Lottery Game "Print 'n Play Bonus Bingo" Final Rules for Game Operation (effective October 9, 2016)

Director's Order Number One Hundred Twenty-Six (16)

Virginia's Computer-Generated Lottery Game "Print 'n Play Daily Crossword" Final Rules for Game Operation (effective October 9, 2016)

Director's Order Number One Hundred Twenty-Seven (16)

Virginia Lottery's Computer-Generated Game "Print 'n Play Extreme Crossword" Final Rules for Game Operation (effective October 9, 2016)

Director's Order Number One Hundred Twenty-Eight (16)

Virginia Lottery's Computer-Generated Game "Print 'n Play Platinum Crossword" Final Rules for Game Operation (effective October 9, 2016)

Director's Order Number One Hundred Thirty-Five (16)

Virginia Lottery's "Q2 FY17 eXTRA Chances Scratcher Promotion" Final Rules for Operation (effective October 1, 2016)

Director's Order Number One Hundred Forty-Six (16)

Virginia Lottery's "Social Media Promotion" Final Rules for Operation (effective September 26, 2016)

Director's Order Number One Hundred Forty-Eight (16)

Virginia Lottery's "We're Game for Education" Promotion Final Rules for Operation (effective October 1, 2016)

BOARD OF MEDICAL ASSISTANCE SERVICES

Application Available for New Graduate Medical Education Program for Primary Care and High Need Specialties

Item 306 of Chapter 780 of the 2016 Acts of Assembly authorizes the Department of Medical Assistance Services (DMAS) to make supplemental payments for new graduate medical education (GME) residency slots effective July 1, 2017. Supplemental payments shall be made for up to 25 new medical residencies in state fiscal year (SFY) 2018. The supplemental payment for each new qualifying residency slot will be $100,000 annually for three years. Payments will be made quarterly. Thirteen of the slots will be for primary care and 12 will be for high need specialties. Preference will be given for residencies located in underserved areas of the Commonwealth that serve Medicaid beneficiaries.

Institutions should complete and submit an application for each desired residency slot. This requirement stands regardless of the specialty mix of requested slots. For example, if an institution requests one general pediatrician slot, one family practice slot, and a general surgery slot, it should complete three separate applications. Additional instructions and information are provided in the application.

The timeline for the application is as follows:

September 15, 2016	DMAS makes application form available to programs and sponsoring institutions.
October 17, 2016	Applications are due to DMAS 30 days after release of final application.
November 11, 2016	DMAS notifies programs and sponsoring institutions of award selection.
June 1, 2017	Approved institutions provide documentation to DMAS that they meet the criteria for supplemental payment and have filled all awarded residency slots.
July 1, 2017	DMAS awards new GME supplemental payments and residents begin.

The application form is available at http://www.dmas.virginia.gov/Content_pgs/pr-gme.aspx.

Contact Information: Beth Jones, Health Care Reimbursement Manager, Provider Reimbursement, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

DEPARTMENT OF MINES, MINERAL AND ENERGY

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 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 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.

4VAC25-90, Rules and Regulations Governing the Use of Diesel-Powered Equipment in Underground Coal Mines

4VAC25-145, Regulations on the Eligibility of Certain Mining Operators to Perform Reclamation Projects

4VAC25-160, Virginia Gas and Oil Board Regulations

4VAC25-170, Geothermal Energy Regulations

The comment period begins October 17, 2016, and ends November 7, 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.

Contact Information: Michael Skiffington, Policy and Planning Manager, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23223, telephone [phone], FAX [phone], or email [e-mail].

STATE WATER CONTROL BOARD

Public Notice for Technical Advisory Committee Meeting for the James River Watershed in Lynchburg

Purpose of notice: To announce a technical advisory committee (TAC) meeting on a water quality study by the Department of Environmental Quality for the James River watershed in Lynchburg, Virginia. The general public is welcomed to attend.

TAC time and location: Tuesday, October 25, 2016, from 10 a.m. to 12 p.m. at the Region 2000 Local Government Council office, 828 Main Street, 12th Floor, Lynchburg, Virginia.

Description of study: Virginia agencies are working to identify sources of fecal bacteria contamination in stream segments from the James River watershed in Central Virginia. This contamination exceeds water quality standards and thus impairs or decreases the quality of the water.

The streams segments that will be included in the study are: 10.53 miles James River, 20.8 miles Ivy Creek, 5.89 miles Tomahawk Creek, 6.89 miles Burton Creek, 3.43 miles unnamed tributary to Burton Creek, 10.54 miles Judith Creek, 5.44 miles Fishing Creek, 10.3 miles Blackwater Creek, 8.5 miles Beaver Creek, 7.72 miles Harris Creek, 4.69 miles Dreaming Creek, 3.04 miles Opossum Creek, 6.37 miles Williams Run, 5.17 miles Graham Creek, and 9.46 miles Pedlar River.

Meeting purpose: During the meeting the TAC and public will be presented the draft total maximum daily load (TMDL) study document for review and discussion.

Questions: To learn more about the TMDL study or the pending TAC meeting, contact Paula Main at the Virginia Department of Environmental of Quality, Blue Ridge Regional Office, 7705 Timberlake Road, Lynchburg, VA 24502, by telephone [phone], or by email [e-mail].

Proposed Consent Order for Allied Aviation Fueling of National Airport, Inc.

An enforcement action has been proposed for Allied Aviation Fueling of National Airport, Inc. for violations of the State Water Control Law and regulations in Arlington, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with an unauthorized discharge of oil from the Ronald Reagan Washington National Airport fuel farm facility. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Stephanie Bellotti will accept comments by email at [e-mail], or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from October 18, 2016, through November 17, 2016.

Proposed Enforcement Action for Elizabeth River Crossings OPCO, LLC

An enforcement action has been proposed for Elizabeth River Crossings OPCO, LLC for the Midtown Elizabeth River Tunnel for alleged violations of the State Water Control Law in Norfolk, 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. Jennifer Coleman will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from October 17, 2016, to November 16, 2016.

Proposed Consent Order for National Capital Area Council, Boy Scouts of America

An enforcement action has been proposed for National Capital Area Council, Boy Scouts of America (BSA) for violations at the Goshen Scout Reservation in Goshen, Virginia. The State Water Control Board proposes to issue a consent order to National Capital Area Council, BSA 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. Tamara Ambler will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, from October 17, 2016, to November 17, 2016.

Proposed Consent Order for Robert Woodall Chevrolet

An enforcement action has been proposed for Robert Woodall Chevrolet for violations of the State Water Control Law and regulation in the City of Danville, Virginia. The State Water Control Board proposes to issue a consent order to Robert Woodall Chevrolet to resolve violations regarding a petroleum spill that occurred in the automobile repair shop. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. G. Marvin Booth, III will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, 7705 Timberlake Road, Lynchburg, VA 24502 from October 17, 2016, to November 17, 2016.

Public Comment Period and Public Meeting - FY 2017 Virginia Clean Water Revolving Loan Fund Intended Use Plan and Project Priority List

Introduction: Section 606(c) of the Water Quality Act of 1987 requires the state to develop an Intended Use Plan (IUP) that identifies the uses of its Clean Water Revolving Loan Fund and to prepare a list of projects targeted for financial assistance with those funds. Following public comment and final board action, the list of targeted projects for financial assistance becomes the State's yearly clean water revolving loan project priority list (PPL) in the IUP.

FY 2017 program development: On June 1, 2016, the staff solicited applications from the Commonwealth's localities and wastewater authorities as well as potential stormwater management, living shoreline projects, land conservation and Brownfield remediation clientele. July 15, 2016, was established as the deadline for receiving applications. Based on this solicitation, DEQ received 24 wastewater improvement applications requesting $126,677,274, one application for a stormwater management project for $4,307,361; and one living shorelines application for an additional $250,000, bringing the total amount requested to $131,234,635.

All 24 wastewater applications were evaluated in accordance with the program's funding distribution criteria. In keeping with the program objectives and funding prioritization criteria, the staff reviewed project type and impact on state waters, the locality's compliance history and fiscal stress, and the project's readiness to proceed. The one stormwater application was reviewed in accordance with the board's priority ranking criteria for stormwater projects. Living shoreline projects are not ranked. All wastewater and stormwater applications are considered to be of good quality and should provide significant water quality and environmental improvement.

The list of applications in Attachment A of the document linked below is shown by project type in priority funding order based on the board's prioritization criteria. Note that each project type (wastewater and stormwater) has separate priority ranking point systems that are not intended to be numerically compared from one type to the other. All applications are considered to be of good quality and should provide significant water quality and environmental improvement. Based on these considerations, on September 22 the board approved the staff recommendation to target funding for $131,234,635 for all 26 projects as shown on Attachment B of the document linked below and present the proposed PPL and IUP for public comment.

The list of applications and the target funding list are available at http://www.deq.virginia.gov/Programs/Water/CleanWaterFinancingAssistance/FY2017AnnualSolicitation.aspx.

Public Participation: The board is presenting its draft list of targeted FY 2017 loan recipients and Intended Use Plan for public review and comment. A public meeting will be held at 2 p.m., Monday, October 24 at the Department of Environmental Quality, 11th Floor Conference Room, 629 East Main Street, Richmond, Virginia 23219. The public review and comment period will end immediately following the public meeting. Comments or questions should be directed to the DEQ contact person listed below. Written comments should include the name, address, and telephone number of the commenter.

Contact Information: Walter Gills, Clean Water Financing and Assistance Program, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone [phone], or email [e-mail].

Public Comment Period - Proposed Revisions to the Stormwater Local Assistance Fund Guidelines

On behalf of the State Water Control Board, the Department of Environmental Quality (DEQ) is presenting draft revisions to the Stormwater Local Assistance Fund (SLAF) Guidelines for public review and comment. The public review and comment period ends November 1, 2016.

The fund, which provides matching grants to local governments for the implementation of stormwater best management practices, was created by the General Assembly in 2013, and the board approved the original SLAF Guidelines September 30, 2013. The General Assembly recently amended the Code of Virginia to expand SLAF eligibility to include the acquisition of non-point source nutrient credits, which necessitated revisions to the SLAF Guidelines. DEQ staff determined that additional changes would be beneficial to improve the SLAF program during this revision process.

The draft revisions to the guidelines and the memo to the board highlighting the changes are now available for public review and comment at http://www.deq.virginia.gov/programs/water/cleanwaterFinancingAssistance.aspx.

Public comments may be submitted through November 1, 2016.

All written comments or questions should include the name, address, and telephone number of the commenter and be directed to the contact person below.

Contact Information: Walter Gills, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone [phone], or email [e-mail].

VIRGINIA WASTE MANAGEMENT BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Waste Management Board conducted a small business impact review of 9VAC20-190, Litter Receptacle Regulations, and determined that this regulation should be retained in its current form. The Virginia Waste Management Board is publishing its report of findings dated September 12, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation continues to be needed to protect human health and the environment. This regulation requires litter receptacles to be placed and maintained for the public to use. These receptacles are a critical component of the prevention of litter in the Commonwealth. Without these receptacles, the public would have no place to deposit their trash while in public. This would potentially lead to an increase in littering in the Commonwealth and associated negative impacts to human health and the environment.

Comments received during the public comment period for the periodic review of this regulation were only received from the James City Clean County Commission. The commission was concerned with three key issues, cigarette butt disposal containers, the need for additional litter receptacles due to receptacles being full, and additional requirements for litter containers and a portable toilet at construction sites. The regulations address the minimum requirements for litter receptacles, including placement and maintenance of these receptacles. Enforcement of this regulation is conducted by local law enforcement. The Code of Virginia directs the Virginia Waste Management Board to adopt regulations containing guidelines for the use of litter receptacles in public places. Virginia is a diverse state, and this regulation provides minimum standards for the placement of litter receptacles. Some localities may experience more challenges with preventing litter than others. Localities may choose to impose requirements that are more stringent than these requirements to address local issues with litter. Enforcement of this regulation is conducted by local law enforcement, and localities are able to implement additional measures to address specific litter issues in their communities.

This regulation is not complex. It requires placement of litter receptacles at certain places throughout the Commonwealth. In most cases the regulation requires a minimum of one litter receptacle to be placed at locations where litter needs to be deposited to prevent it from being improperly discarded. The regulation allows the entity that is required to provide and maintain litter receptacles the ability to decide the appropriate number of litter receptacles needed to collect the litter and the frequency for them to be emptied.

This regulation does not overlap, duplicate, or conflict with any state law or other state regulation.

A periodic review was last conducted on this regulation in 2012. Since that time, changes to technology and economic conditions have not impacted this regulation.

The Director of the Department of Environmental Quality, on behalf of the Virginia Waste Management Board, recommends that this regulation be retained. As currently written, the regulation meets the requirements of state law while minimizing the impacts on small businesses.

Contact Information: Melissa Porterfield, Policy Analyst, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

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 [phone]; Email: [e-mail].

Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at http://www.virginia.gov/connect/commonwealth-calendar.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/documents/cumultab.pdf.

Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.

ERRATA

STATE BOARD OF SOCIAL SERVICES

Title of Regulation: 22VAC40-72. Standards for Licensed Assisted Living Facilities.

Publication: 33:2 VA.R. 259-260 September 19, 2016.

Correction to Final Regulation:

Page 259, Effective Date, change to read "November 15, 2016."

VA.R. Doc. No. R17-4734; Filed September 29, 2016, 10:13 a.m.