8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 26 Iss. 4 - October 26, 2009

GENERAL NOTICES/ERRATA

AIR POLLUTION CONTROL BOARD

Notice of Revision to the State Implementation Plan

Purpose of notice: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed permit to limit air pollution emitted by a facility in Shenandoah County, Virginia. If adopted, the Commonwealth intends to submit the permit or portion thereof as a revision to its State Implementation Plan (SIP) in accordance with the requirements of § 110(a) of the federal Clean Air Act. The SIP is the plan developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act.

Public comment period: October 15, 2009, to November 16, 2009.

State public hearing procedure: Interested persons may request a public hearing. The request must be made in writing to the contact listed below, and be received by DEQ on the last day of the comment period. In order to be considered, the request must include the full name, address and telephone number of the person requesting the hearing and of all people represented by the requester. The request must also include: (i) the reason why a public hearing is requested; (ii) a brief statement setting forth the factual nature and extent of interest in the proposed permit, including how the operation of the facility affects the requester; and (iii) specific references to applicable terms and conditions of concern as well as suggested revisions. A public hearing may be held as required by § 10.1-1322.01 of the Code of Virginia if at least 25 requests are received in accordance with these procedures. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be conducted.

Federal public hearing procedure: Interested persons may request a public hearing. The request must be made in writing to the contact listed below, and be received by DEQ on the last day of the comment period. In order to be considered, the request must include the full name, address, and telephone number of the person requesting the hearing and of all people represented by the requester. A public hearing will be held as required by 40 CFR 51.102(a) if a request is received in accordance with these procedures. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be conducted.

Permit name: State operating permit issued by DEQ, under the authority of the State Air Pollution Control Board.

Name, address and registration number: O-N Minerals (Chemstone) Company, 1696 Oranda Rd., Strasburg, VA 22657-3731, Registration No. 80252.

Description of proposal: The proposed revision consists of the control of emissions of particulate matter (PM), nitrogen oxides (NO_X), and sulfur dioxide (SO₂) to the atmosphere from O-N Minerals located in Shenandoah County, Virginia.

Virginia's regional haze regulation is found in Article 52 (9VAC5-40-7550 et seq.) of 9VAC5-40, Existing Stationary Sources. This regulation provides guidance for determining Best Available Retrofit Technology (BART). BART is required for any BART-eligible source that emits any air pollutant that may reasonably be anticipated to cause or contribute to visibility impairment in any federal Class I area. BART is an emission limitation based on the degree of reduction achievable through application of the best system of continuous emission reduction for each visibility-impairing pollutant emitted by an existing stationary facility established on a case-by-case basis. O-N Minerals is subject to these requirements, and has undergone a BART analysis resulting in the application of BART controls.

In essence, the proposed revision will consist of a determination of BART for the control of emissions of PM, PM₁₀, NO_X, and SO₂ to the atmosphere from a rotary kiln and a calcimatic kiln located at O-N Minerals. The BART determination is being made pursuant to Article 52 (9VAC5-40-7550 et seq.) of the Regulations for the Control and Abatement of Air Pollution (9VAC5-40, Existing Sources). BART has been determined to be as follows: (i) for the rotary kiln, NO_X will be controlled by good combustion practices and an indirect firing system, PM₁₀ will be controlled by a multicyclone and fabric filters, and SO₂ will be controlled by a caustic wet scrubber or an approved alternative control technology, including inherent process scrubbing, capable of meeting the BART emission limit; and (ii) for the calcimatic kiln, NO_X will be controlled by good combustion practices, PM₁₀ will be controlled by a multicyclone and Venturi scrubber, and SO₂ will be controlled by a Venturi scrubber.

A state operating permit is to be issued as the administrative mechanism to ensure compliance with the BART requirements. The permit is being issued pursuant to Article 52 (9VAC5-40-7550 et seq.) of 9 VAC 5-40 (Existing Stationary Sources) and Article 5 (9VAC5-80-800 et seq.) of 9VAC5-80 (Permits for Stationary Sources) of state regulations and is federally enforceable upon issuance. The permit will establish emission limits for control of PM, PM₁₀, NO_X, and SO₂.

Federal information: This notice is also being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). The proposal will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104.

Consultation with federal land managers (FLMs): As provided in 40 CFR 51.302(b)(2), the FLMs were given the

opportunity to comment on this permit on January 15, 2009. NPS provided comments on March 2, 2009; DEQ responded to the comments in a letter dated September 22, 2009.

How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, written comments must include the full name, address and telephone number of the person commenting and be received by DEQ on the last day of the comment period. Due to problems with the quality of faxes, commenters are encouraged to provide the signed original by postal mail within one week. All testimony, exhibits and documents received are part of the public record. Please note this proposed permit is being concurrently reviewed by U.S. EPA.

To review proposal: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website (http://www.deq.virginia.gov/air/permitting/planotes.html). The documents may also be obtained by contacting the DEQ representative named below. The public may review the documents between 8:30 a.m. and 4:30 p.m. of each business day until the close of the public comment period at the following DEQ locations: (i) Main Street Office, 629 E. Main St., 8th Floor, Richmond, VA, telephone [phone]; and (ii) Valley Regional Office, 4411 Early Road, Harrisonburg, VA, telephone [phone].

Contact Information: Lois R. Paul, Program Support Technician, Department of Environmental Quality, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, telephone [phone], FAX [phone], or email [e-mail].

STATE CORPORATION COMMISSION

Bureau of Insurance

October 2, 2009

Administrative Letter 2009 - 09

To: All Domestic Insurers Licensed in Virginia

Re: Risk-Focused Examination Approach

The purpose of this administrative letter is to inform all Virginia domestic insurance companies that a new risk-focused examination approach will be used beginning with the 2010 financial examinations.

Background

In 2006, the National Association of Insurance Commissioners ("NAIC") adopted revisions to the Financial Condition Examiners' Handbook ("Handbook") relating to a revised risk-focused examination approach. This new examination approach will be required for the NAIC Financial Regulation Standards and Accreditation Program for all financial examinations beginning on or after January 1, 2010. The revised approach is meant to broaden and enhance the identification of risk inherent in an insurer's operations and utilize that evaluation in formulating the ongoing surveillance of an insurer.  The revisions incorporate a seven-phase process, which will be required for all full scope examinations following the risk-focused surveillance examination approach.

In accordance with the revisions made to the Handbook, there will be a greater focus placed upon a company's risk management culture, corporate governance structure, risk assessment programs and control environment, which may change some of the information requested from the insurer by the examiner. The changes may include requests for interviews with key members of management and the Board of Directors, requests for additional internal control documentation (including any applicable compliance documentation), and an increased level of importance in coordinating with external and internal auditors. It is anticipated that the new exam approach will increase the overall effectiveness and efficiency of the examination process.

Description of Risk-Focused Surveillance Examination Approach

The intent of the revised risk-focused process is to broaden and enhance the identification of risk inherent in an insurer's operations and utilize that evaluation in formulating the ongoing surveillance of an insurer. The revised risk-focused approach is designed to provide continuous regulatory oversight and extend the examination process to not only encompass the risks present as of a specific examination date, but to consider risks which extend or commence during the time in which the examination was conducted, and risks which are anticipated to arise or extend past the point of completion of the examination. The Handbook has been revised to incorporate the following seven-phase process to conduct risk-focused examinations:

Phase 1: Understand the company and identify key functional activities to be reviewed: In this phase, key activities and sub-activities are identified using background information gathered on the company from various sources. The risk-focused surveillance process promotes the use of a "top-down" approach to identify activities.

Phase 2: Identify and assess inherent risk in activities: Phase 2 requires the examiner, with the assistance of the analysis staff to identify and document the inherent risks of the insurer being examined. The examiner may identify risks from the insurer's own risk assessment, internal and external audit risk assessments, filing requirements of the Securities and Exchange Commission (SEC) and the Sarbanes-Oxley Act of 2002, interviews with management, and any other source. Nine risk classifications have been identified to assist regulators in classifying the inherent risks: Credit, Market, Pricing/Underwriting, Reserving, Liquidity, Operational, Legal, Strategic and Reputational. Once the primary risks are identified within the key business units, the examiner utilizes professional judgment to assess the inherent risk by determining the probability of occurrence and magnitude of impact to obtain the overall inherent risk assessment.

Phase 3: Identify and evaluate risk mitigation strategies/controls: Phase 3 requires the examiner to identify and evaluate controls in place to mitigate inherent risk. The overall assessment reflects the examiner's determination on how well the internal controls mitigate inherent risk.

Phase 4: Determine residual risk: Phase 4 requires the examiner to determine the residual risk for identified sub-activities to arrive at an overall residual risk by key activity. The assessment is made by determining how well controls reduce the level of inherent risk of the sub-activity using probability, impact and professional judgment. Assessing residual risk is the key to determining where the risks exist in the insurer's business. Once the riskier activities are identified the examiner may use these results to determine where to focus examiner or analyst resources most efficiently and to determine the nature and extent of testing.

Phase 5: Establish/conduct examination procedures: After completion of the risk assessment for an activity, the nature and extent of examination procedures can be determined.

Phase 6: Update prioritization and supervisory plan: Phase 6 requires relevant material findings from the risk assessment effort and any other examination activities to be utilized and incorporated into determining or validating the assessed prioritization of the insurer as well as establishing the going-forward supervisory plan.

Phase 7: Draft examination report and management letter based upon findings: In this phase an examination report should be developed. A Management Letter may also be developed to convey results and observations noted during the examination that should not be contained in a public examination report.

This seven-phase approach will be required for all full scope examinations following the risk-focused examination approach. This revised approach differs from the previous examination approach in that the examiner will assess risk throughout the organization on a prospective basis. In accordance with this assessment, not every financial statement account may need to be tested. However, the examiner will be required to provide assurance on the company's financial statements. Overall, the use of the revised risk-focused approach will lead examiners to focus on the areas of greatest risk at the insurer and to limit the testing of areas with less risk. In addition, there will be an increased importance in utilizing the insurer's internal and external audit work already performed.

It should be noted that the examinations associated with the revised risk-focused approach have enough flexibility to allow procedures to be added, modified, supplemented or reduced, in accordance with the overall risk assessment of the insurer. Therefore, it is anticipated that the scope of the examination and the procedures associated with such an examination will be modified for small to medium sized insurance companies.  In some instances, companies may only note minor changes to the procedures that have been utilized in previous financial examinations.

We appreciate your cooperation in the transition to the new risk-focused examination approach. We believe that the risk-focused approach will be beneficial to both regulators and industry partners in the years to come.

Any questions or concerns about the new regulatory examination approach may be directed to: David H. Smith, Chief Insurance Examiner, Financial Regulation Division, Bureau of Insurance, State Corporation Commission, P.O. Box 1157, Richmond, VA 23218, telephone [phone], or email [e-mail].

/s/ Alfred W. Gross

Commissioner of Insurance

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Consent Order for Evergreen Land Company

An enforcement action has been proposed for Evergreen Land Company for alleged violations in Albemarle County. A proposed consent order describes a settlement to resolve alleged wetland mitigation violations at its Mountain Valley Farm subdivision. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Steven W. Hetrick will accept comments by email [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, Virginia, 22801, from October 26, 2009, to November 25, 2009.

DEPARTMENT OF FORENSIC SCIENCE

Approved Breath Alcohol Testing Devices

Statutory Authority: §§ 9.1-102, 18.2-267, and 18.2-268.9 of the Code of Virginia.

In accordance with 6VAC40-20-90 of the Regulations for Breath Alcohol Testing and under the authority of the Code of Virginia, the following breath test devices are approved for use in conducting breath tests:

1. The Intox EC/IR II with the Virginia test protocol, manufactured by Intoximeters, Inc., St. Louis, Missouri utilizing an external printer.

2. The Intoxilyzer, Model 5000, CD/FG5 [previously listed as the 768VA], equipped with the Virginia test protocol, simulator monitor, and external printer, manufactured by CMI, Inc., Owensboro, Kentucky.

In accordance with 6VAC40-20-100 of the Regulations for Breath Alcohol Testing and under the authority of the Code of Virginia, for evidential breath test devices, mouthpieces that are compatible with the specific testing device are approved as supplies for use in conducting breath tests on approved breath test devices

In accordance with 6VAC40-20-180 of the Regulations for Breath Alcohol Testing and under the authority of the Code of Virginia, the following devices are approved for use as preliminary breath test devices:

1. The ALCO-SENSOR, ALCO-SENSOR II, ALCOSENSOR III, ALCO-SENSOR IV, and ALCO-SENSOR FST manufactured by Intoximeters, Inc., St Louis, Missouri.

2. The CMI SD 2 and CMI SD 5, manufactured by Lyon Laboratories, Barry, United Kingdom.

3. The INTOXILYZER 400PA, manufactured by CMI, Inc., Owensboro, Kentucky.

4. The LIFELOC PBA 3000*, LIFELOC FC10, LIFELOC FC10Plus, and LIFELOC FC20, manufactured by Lifeloc Inc., Wheat Ridge, Colorado. *When used in the direct sensing mode only.

5. The ALCOTEST 6510 and ALCOTEST 6810 manufactured by Draeger Safety Diagnostics, Inc., Durango, Colorado.

Contact: Stephanie Merritt, Department of Forensic Science, 700 North 5th Street, Richmond, VA 23219, telephone [phone].

STATE BOARD OF HEALTH and DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Proposed Notice of Request for Certificate of Public Need Applications For Development of Additional Inpatient Psychiatric Beds

Legal Notice of Request for Certificate of Public Need Applications.

Pursuant to the authority vested in the State Board of Health (Board) and the Department of Behavioral Health and Developmental Services by § 32.1-102.3:2 of the Code of Virginia, notice is hereby given of the issuance of a Request for Applications (RFA). This RFA is a request for certificate of public need (COPN) applications for projects that will result in an increase in the number of beds in which psychiatric services are provided in the Commonwealth of Virginia. The RFA process used is adapted from that outlined in 12VAC5-220-335 of the Virginia Medical Care Facilities Certificate of Public Need Rules and Regulations (COPN regulations).

Eligible Planning Districts and Total Psychiatric Beds Available for Authorization.

In the review cycle established by this RFA, the Commissioner of Health will consider requests for COPNs that propose an increase in psychiatric beds in the following planning districts and that propose an increase no greater than the number of available beds shown below for that planning district.  COPN requests that propose an increase in psychiatric beds in any other planning district, not identified below, or propose an increase in beds greater than the number of available beds shown below will not be accepted for review.

· Planning District 1, also known as Lenowisco Planning District, consisting of the counties of Lee, Scott, and Wise and the city of Norton.

Total psychiatric beds available for authorization: 15.

· Planning District 6, also known as Central Shenandoah Planning District, consisting of the counties of Augusta, Bath, Highland, Rockbridge, and Rockingham and the cities of Buena Vista, Harrisonburg, Lexington, Staunton, and Waynesboro.

Total psychiatric beds available for authorization: 4.

· Planning District 8, also known as Northern Virginia Planning District, consisting of the counties of Loudoun, Fairfax, and Prince William and the cities of Fairfax City, Falls Church, Arlington, Alexandria, Manassas Park, and Manassas.

Total psychiatric beds available for authorization: 83.

· Planning District 9, also known as Rappahannock Planning District, consisting of the counties of Rappahannock, Fauquier, Culpeper, Orange, and Madison.

Total psychiatric beds available for authorization: 32.

· Planning District 10, also known as Thomas Jefferson Planning District, consisting of the counties of Albemarle, Fluvanna, Greene, Louisa, and Nelson and the city of Charlottesville.

Total psychiatric beds available for authorization: 9.

· Planning District 12, also known as West Piedmont Planning District, consisting of the counties of Franklin, Patrick, Henry, and Pittsylvania and the cities of Danville and Martinsville.

Total psychiatric beds available for authorization: 3.

· Planning District 14, also known as Piedmont Planning District, consisting of the counties of Amelia, Buckingham, Charlotte, Cumberland, Lunenburg, Prince Edward, and Nottoway.

Total psychiatric beds available for authorization: 17.

· Planning District 18, also known as Middle Peninsula Planning District, consisting of the counties of Essex, Gloucester, King and Queen, King William, Mathews, and Middlesex.

Total psychiatric beds available for authorization: 16.

· Planning District 19, also known as Crater Planning District, consisting of the counties of Dinwiddie, Greensville, Prince George, Surry, and Sussex and the cities of Colonial Heights, Hopewell, and Petersburg.

Total psychiatric beds available for authorization: 19.

· Planning District 21, also known as Peninsula Planning District, consisting of the counties of James City and York and the cities of Hampton, Newport News, Poquoson, and Williamsburg.

Total psychiatric beds available for authorization: 37.

Evaluation of Need for Additional Psychiatric Beds.

The "Mental Health Services" component of the Virginia State Medical Facilities Plan (SMFP) contains a psychiatric bed need forecasting method (12VAC5-230-860).  This method has been employed by the Virginia Department of Health to compute a forecast of needed psychiatric beds in 2014 in each of Virginia's 22 planning districts.¹

Consistent with the Virginia State Medical Facilities Plan (12VAC5-230-860), no planning district is considered to have a need for additional psychiatric beds unless the estimated average annual occupancy of all existing psychiatric beds adjusted based on staffing and operational status, in the planning district was at least 75% for the most recent five years for which bed utilization has been reported to the Virginia Department of Health (through filings with Virginia Health Information, Inc.).²

The following table displays, by planning district, the psychiatric service gross bed need forecast for 2014, the current licensed bed inventory and COPN-authorized additions of psychiatric beds, and the net bed need forecast for 2014.

The table also shows the estimated average annual occupancy rate of psychiatric beds for each planning district for the reporting years 2003 through 2007, adjusted to reflect those beds considered operational, in accordance with 12VAC5-230-860 A, and identifies the status of each planning district with respect to the percentage of the population living greater than a 60-minute drive from existing psychiatric beds. The final column of the table states whether the planning district qualifies for additional psychiatric beds for 2014.

________________________

¹ For conduct of the certificate of public need program, the Virginia Department of Health continues to recognize the former Planning District 20, Southeastern Virginia, and the former Planning District 21, Peninsula, rather than Planning District 23, Hampton Roads, which combined the former PD 20 and PD 21.

² The inventory was adjusted to not include the average number of psychiatric beds that have not been staffed and operated in each nonstate operated facility for the last three years for which data is available from VHI.

Psychiatric Bed Need Forecast and Whether a Planning District Qualifies for Additional Psychiatric Beds in 2014

PD	Gross Psychiatric Bed Need for 2014	Adjusted Existing and Authorized Inventory	Projected Net Need in 2014	Estimated 2007 Average Occupancy of Adjusted Beds	% of Population of PD Living > 60 minute Drive from Inpatient Psychiatric Service	Planning District Qualifies for Additional Psychiatric Beds
1	15	0	15	N/A	50.9%	Yes
2	12	20	(8)	44.3%	28.4%	no, no need, low occ
3	9	14	(5)	47.8%	6.0%	no, no need, low occ
4	32	36	(4)	63.6%	1.7%	no, no need, low occ, 95% of pop w/in 60 min
5	73	75	(3)	71.0%	6.7%	no, no need, low occ
6	42	38	4	77.8%	2.8%	Yes
7	25	26	(1)	61.0%	0.6%	no, no need, low occ, 95% of pop w/in 60 min
8	238	155	83	98.9%	0.1%	Yes
9	32	0	32	N/A	0.0%	Yes
10	48	39	9	81.7%	0.0%	Yes
11	41	39	2	74.4%	0.0%	no, low occ, 95% of pop w/in 60 min
12	27	24	3	83.3%	0.0%	Yes
13	12	12	0	78.2%	2.7%	no, no need, 95% of pop w/in 60 min
14	17	0	17	N/A	28.3%	Yes
15	285	261	24	72.9%	0.0%	no, low occ, 95% of pop w/in 60 min
16	50	50	0	57.7%	0.0%	no, no need, low occ, 95% of pop w/in 60 min
17	4	16	(12)	28.9%	0.0%	no, no need, low occ, 95% of pop w/in 60 min
18	16	0	16	N/A	0.0%	Yes
19	243	224	19	76.0%	0.0%	Yes
20	244	262	(18)	64.8%	0.6%	no, no need, low occ, 95% of pop w/in 60 min
21	116	79	37	103.7%	0.0%	Yes
22	6	14	(8)	29.4%	0.0%	no, no need, low occ, 95% of pop w/in 60 min

Sources: Virginia State Medical Facilities Plan (12VAC5-230-840, et. seq.)

Virginia Health Information and Office of Licensure and Certification, VDH (for bed inventory)

Basis for Review.

The Commissioner, in her review of COPN requests submitted pursuant to this RFA, will consider each of the eight factors enumerated at § 32.1-102.3 B of the Code of Virginia, as applicable. She will also consider applicable standards of the State Medical Facilities Plan (12VAC5-230-840 et. seq.).

Schedule for Review.

COPN requests filed in response to this RFA shall be filed in accordance with the provisions of 12VAC5-220-180 et. seq. The review schedule shown below will apply. Letters of intent and applications must be received by the Virginia Department of Health Division of COPN and by the appropriate Regional Health Planning Agency, when designated, by the dates shown below in order to qualify for consideration in the specified review cycle.

Letter of intent must be received by: To Be Determined.

Application must be received by: To Be Determined.

Review cycle will begin on: To Be Determined.

Application Fees.

The Virginia Department of Health shall collect fees for COPN applications filed in response to this RFA.  No application may be deemed to be complete for review until the required application fee is paid.  The fee is 1.0% of the proposed capital expenditure for the project, but not less than $1,000 or more than $20,000.

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on October 7, 2009. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, Virginia.

Final Rules for Game Operation:

Director's Order Number Seventy-Two (09)

Virginia's Instant Game Lottery 1156 "Candy Cane Tripler" Final Rules for Game Operation (effective 10/6/09)

Director's Order Number Seventy-Three (09)

Virginia's Instant Game Lottery 1159 "Holiday Doubler" Final Rules for Game Operation (effective 10/6/09)

Director's Order Number Seventy-Four (09)

Virginia's Instant Game Lottery 1161"Wonderland of Dough" Final Rules for Game Operation (effective 10/6/09)

Director's Order Number Seventy-Five (09)

Virginia's Instant Game Lottery 1165 "The Perfect Gift" Final Rules for Game Operation (effective 10/6/09)

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Notice of Reimbursement of Early Intervention Services under Part C of IDEA

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 - Other Types of Care. The department intends to implement a new methodology for providers of Early Intervention (EI) services pursuant to Part C of the Individuals with Disabilities Education Act (IDEA) of 2004 (20 USC § 1431 et seq.). This action is being taken pursuant to the 2009 Appropriations Act (Chap. 781), Item TTT:

The planned regulatory action creates a new model for Medicaid coverage of Early Intervention services for children less than three years of age who are eligible for services under Chapter 53 (§ 2.2-5300 et seq.) of Title 2.2 of the Code of Virginia in accordance with Part C IDEA. In order to ensure compliance with federal Part C requirements, DMAS is establishing a newly recognized provider type and specialty to provide services specifically oriented to the requirements of individuals eligible for Part C services. This specialized provider group will support the service delivery system the state adopted to provide Early Intervention services -- the Virginia Infant and Toddler Connection of Virginia (I&TC). These new regulations establish a broader range of specialized Part C providers to meet the individual child's needs and assure that providers have the specific expertise to effectively address developmental problems in young children as provided for in Part C.

Medicaid payment for defined Early Intervention services would provide a framework for ensuring that providers of Early Intervention services through the IT&C model bill Medicaid first, if appropriate, before using Part C program funds to comply with the payor of last resort requirement contained in Part C of IDEA. Certified individuals and agencies who currently participate with the agency shall obtain Part C designation from DMAS and bill for services as Early Intervention providers rather than as a rehabilitation agency provider or another designation. New providers shall enroll to participate with DMAS with a Part C specialty designation in order to bill for EI services.

Early Intervention services shall be reimbursed on a fee-for-service basis for non-MCO providers. All private and governmental fee-for-service providers shall be paid according to the same methodology, with separate fees for certified Early Intervention providers who are licensed as physical therapists, physical therapy assistants, occupational therapists, occupational therapy assistants, speech pathologists, or registered nurses to ensure access to Early Intervention services.

This notice is intended to satisfy the requirements of 42 CFR 447.205 and of § 1902(a)(13) of the Social Security Act, 42 USC § 1396a(a)(13). A copy of this notice is available for public review from Molly Carpenter, Division of Child and Maternal Health, DMAS, 600 Broad Street, Suite 1300, Richmond, VA 23219, and this notice is available for public review on the Regulatory Town Hall (www.townhall.virginia.gov). Comments or inquiries may be submitted, in writing, within 30 days of this notice publication to Ms. Carpenter and such comments are available for review at the same address.

Contact Information: Molly Carpenter, Division of Maternal and Child Health, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

STATE WATER CONTROL BOARD

Proposed Consent Order for Al M. Cooper Construction Incorporated

An enforcement action has been proposed for Al M. Cooper Construction Incorporated for alleged violations occurring in Roanoke County. The board proposes to issue a consent order to Al M. Cooper Construction Incorporated, to address alleged violations of Virginia's regulations. The location of the facility, a subdivision, where the alleged violations occurred is (Tax Parcel ID: 087.20-01-09.00-0000) located north of Buck Mountain Road and known as Berkeley Manor & Bellview Garden. The consent order describes a settlement to resolve violations involving construction activities without a permit and other nonauthorized activities affecting state waters of an unnamed tributary of Back Creek. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Steven B. Wright will accept comments by email at [e-mail], FAX [phone], or postal mail Steve Wright, Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, from November 9, 2009, to December 9, 2009.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed

Beginning with Volume 26, Issue 1 of the Virginia Register of Regulations dated September 14, 2009, the Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed will no longer be published in the Virginia Register of Regulations. The cumulative table may be accessed on the Virginia Register Online webpage at http://register.dls.virginia.gov/cumultab.htm.

Filing Material for Publication in the Virginia Register of Regulations

Agencies are required to use the Regulation Information System (RIS) when filing regulations for publication in the Virginia Register of Regulations. The Office of the Virginia Register of Regulations implemented a web-based application called RIS for filing regulations and related items for publication in the Virginia Register. The Registrar's office has worked 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.

The Office of the Virginia Register is working toward the eventual elimination of the requirement that agencies file print copies of regulatory packages. Until that time, agencies may file petitions for rulemaking, notices of intended regulatory actions and general notices in electronic form only; however, until further notice, agencies must continue to file print copies of proposed, final, fast-track and emergency regulatory packages.

ERRATA

BOARD OF COUNSELING

Titles of Regulations: 18VAC115-20. Regulations Governing the Practice of Professional Counseling (amending 18VAC115-20-40, 18VAC115-20-45, 18VAC115-20-70, 18VAC115-20-90, 18VAC115-20-100).

18VAC115-30. Regulations Governing the Certification of Substance Abuse Counselors and Substance Abuse Counseling (amending 18VAC115-30-40, 18VAC115-30-45, 18VAC115-30-110).

18VAC115-40. Regulations Governing the Certification of Rehabilitation Providers (amending 18VAC115-40-25, 18VAC115-40-30).

18VAC115-50. Regulations Governing the Practice of Marriage and Family Therapy (amending 18VAC115-50-30, 18VAC115-50-40, 18VAC115-50-90).

18VAC115-60. Regulations Governing the Practice of Licensed Substance Abuse Treatment Practitioners (amending 18VAC115-60-40, 18VAC115-60-50, 18VAC115-60-90, 18VAC115-60-100, 18VAC115-60-110).

Publication: 26:1 VA.R. 93-98 September 14, 2009.

Correction to Final Regulation:

The list of regulation titles and sections amended or repealed should appear as follows:

Titles of Regulations: 18VAC115-20. Regulations Governing the Practice of Professional Counseling (amending 18VAC115-20-40, 18VAC115-20-45, 18VAC115-20-70, 18VAC115-20-100; repealing 18VAC115-20-90).

18VAC115-30. Regulations Governing the Certification of Substance Abuse Counselors and Substance Abuse Counseling (amending 18VAC115-30-40, 18VAC115-30-45, 18VAC115-30-110).

18VAC115-40. Regulations Governing the Certification of Rehabilitation Providers (amending 18VAC115-40-25, 18VAC115-40-30).

18VAC115-50. Regulations Governing the Practice of Marriage and Family Therapy (amending 18VAC115-50-30, 18VAC115-50-40, 18VAC115-50-90).

18VAC115-60. Regulations Governing the Practice of Licensed Substance Abuse Treatment Practitioners (amending 18VAC115-60-40, 18VAC115-60-50, 18VAC115-60-90, 18VAC115-60-110; repealing 18VAC115-60-100).

VA.R. Doc. No. R10-2075

STATE BOARD OF EDUCATION

Titles of Regulations: 8VAC20-80. Regulations Governing Special Education Programs for Children with Disabilities in Virginia.

8VAC20-81. Regulations Governing Special Education Programs for Children with Disabilities in Virginia.

Publication: 25:16 VA.R. 2872-2968 April 13, 2009.

Correction to Final Regulation:

Page 2878, 8VAC20-81-10, definition of "Implementation Plan," line 2, strike "education" and insert "educational"

Page 2889, 8VAC20-81-20, subdivision 23, last sentence, strike "34 CFR 645" and insert "34 CFR 300.645"

Page 2904, 8VAC20-81-80 D 9, line 6, strike "member's" and insert "members'"

Page 2909, 8VAC20-81-80 O 2, line 3, strike "bilaterial" and insert "bilateral"

Page 2909, 8VAC20-81-80 O 2, line 5, strike "dys-synchrony" and insert "dyssynchrony"

Page 2939, 8VAC20-81-180 C 4, line 4, strike "mental retardation" and insert "intellectual disabilities"

Page 2952, 8VAC20-81-210 Q 5, line 2, change "[ 4 3 ]" to "4"

Page 2961, 8VAC20-81-270 B, lines 5 and 6, strike "Mental Health, Mental Retardation and Substance Abuse Services" and insert "Behavioral Health and Developmental Services"

Page 2962, 8VAC20-81-280 G, line 2, strike "C" and insert "B"

Page 2964, 8VAC20-81-320 A 1 c, lines 1 and 2, strike "Mental Health, Mental Retardation and Substance Abuse Services" and insert "Behavioral Health and Developmental Services"

Page 2965, 8VAC20-81-320 A 1 d, lines 4 and 5, strike "Mental Health, Mental Retardation and Substance Abuse Services" and insert "Behavioral Health and Developmental Services"

Page 2965, 8VAC20-81-320 B 2 b (1), lines 1, 2 and 3, strike "Mental Health, Mental Retardation and Substance Abuse Services" and insert "Behavioral Health and Developmental Services"

Page 2966, 8VAC20-81-320 C 2 b (1), line 1, strike "disturbance" and insert "disability"

Page 2966, 8VAC20-81-320 C 2 b (3), line 1, strike "Mental retardation" and insert "Intellectual disability"

Page 2966, 8VAC20-81-320 C 2 b (4), strike text of subdivision C 2 b (4) to be consist with the text of the regulation; renumber subdivisions C 2 b (4) through C 2 b (14) to subdivisions C 2 b (3) through C 2 b (13)

Page 2967, 8VAC20-81-340, Figure 1, column 1, row 12, strike "Other Health Impaired" and insert "Other Health Impairment"

VA.R. Doc. No. R07-95

MARINE RESOURCES COMMISSION

Title of Regulation: 4VAC20-1090. Pertaining to Licensing Requirements and License Fees.

Publication: 26:1 VA.R. 10-13 September 14, 2009.

Correction to Final Regulation:

Page 13, 4VAC20-1090-30, the last four license categories are duplicative of previous four license categories and should be deleted.

VA.R. Doc. No. R10-2103