8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 29 Iss. 14 - March 11, 2013

GENERAL NOTICES/ERRATA

DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department for Aging and Rehabilitative Services has conducted a small business impact review of 22VAC30-30, Provision of Independent Living Rehabilitation Services, and determined that this regulation should be retained in its current form. The Department for Aging and Rehabilitative Services is publishing its report of findings dated January 8, 2013, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

The existing regulation is needed to ensure that consumers' rights pertaining to implementation of the independent living services program are maintained and enhanced. This regulation also ensures reduced consumer costs for these services. No complaints or comments concerning this regulation have been received from the public. To reduce its complexity, the agency has followed the existing federal regulations where possible. Therefore, in part, this regulation does duplicate federal law. However, there are parts that are specific to Virginia that allow for reduced costs of services. The regulation does not overlap or conflict with other laws. This substance of this regulation has not changed since 2004.

Technology has improved and enhanced independent living for persons with disabilities; however, the cost of technology can be prohibitive to some individuals. The existing regulations address the costs of independent living services to the individual. This regulation should have no economic impact on small business and should be retained as is.

Contact Information: Vanessa S. Rakestraw, Ph.D., CRC, Regulatory Coordinator, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone [phone], FAX [phone], or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department for Aging and Rehabilitative Services has conducted a small business impact review of 22VAC30-60, Grants to Area Agencies on Aging, and determined that this regulation should be retained in its current form. The Department for Aging and Rehabilitative Services is publishing its report of findings dated January 17, 2013, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

There is no small business impact as a result of this regulation. This regulation is needed for the Department for Aging and Rehabilitative services to administer grants to area agencies on aging. No comments or complaints were received regarding the complexity of the regulation. This regulation supplements 42 USC § 3001 et seq. (the "Older Americans Act") and the federal regulations promulgated thereunder (45 CFR Part 1321) by providing specifics on how the Commonwealth will administer the grants to area agencies on aging programs. This regulation was changed slightly in July 2012 to address the creation of the Department for Aging and Rehabilitative Services. Since that time, there have been no changes in other factors in the area to affect the regulation. Therefore, the department will retain the regulation as is.

Contact Information: Vanessa S. Rakestraw, Ph.D., CRC, Regulatory Coordinator, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7612, FAX [phone], or email [e-mail].

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services has conducted a small business impact review of 2VAC5-20, Standards for Classification of Real Estate as Devoted to Agricultural Use and to Horticultural Use Under the Virginia Land Use Assessment Law, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated January 3, 2013, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

There is a continued need for this regulation. This regulation is necessary for the protection of the health and welfare of Virginia's citizens. The great majority of Virginia's localities have adopted local ordinances that allow them to assess lands devoted to agricultural and horticultural production use based on their productivity rather than fair market value. This local option permits each locality to make a commitment to promoting and preserving agricultural and horticultural production from local farmland. The one comment received from the public recognizes the necessity of this regulation and the importance of continuing it in its current form.

The regulation is not complex. In fact, over the past 40 years, the agency has continued its effort to improve the standards, making them clearer to the user.

This regulation does not overlap, duplicate, or conflict with federal or state law or regulation. This regulation is not mandated by any federal law or regulation and is the only state regulation that addresses the subject matter.

The most recent amendments to the regulation, which took effect in 2006, were in response to an action of the General Assembly to provide local government and landowners with increased flexibility in dealing with crops such as grapes that take more than one or two years to be harvested. As Virginia agriculture continues to add new crops to the production mix, there may be additional needs for the state legislature to consider amendments to the law upon which this regulation is based. As the changes occur, the agency will take the regulation to the public through the regulatory process and seek input on how this regulation can be more useful to both local government and Virginia's citizens.

Maintaining adequate production of local food and fiber products is recognized as being both very desirable and beneficial to Virginia's citizens. In addition, helping local farmers (who are mostly small business persons) maintain their operations and providing incentives to local landowners to keep their land in farming help localities maintain a strong economy and an ongoing demand for supplies and services for local farmers, processors, and related agricultural industries. The agency considered what would happen if there was no regulation that provided standards for classifying land devoted to agricultural and horticultural uses.  Based on years of experience in responding to local officials, the agency concluded that there was a continued need for this regulation.  Without a specific regulation providing uniform and objective guidance concerning the classification of lands devoted to agricultural and horticultural use, local governments would be faced with the difficulty of making critical decisions about what lands will receive a lower assessment and which lands will not. Having objective and reliable guidance is essential to local officials in their efforts to insure a level playing field for all landowners who apply for lower assessments based on the land use classification.

Contact Information: Roy Seward, Director, Office of Policy, Planning and Research, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3538, FAX [phone], or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services has conducted a small business impact review of 2VAC5-130, Rules and Regulations Governing Laboratory Fees for Services Rendered or Performed, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated January 2, 2013, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

There is a continuing need for the regulation to support the operation of the Virginia Animal Health Laboratory System. There have been no complaints from the public concerning the regulation. The regulation is necessarily uncomplicated. There is no overlap with federal or other state law or regulation. Technology, economic conditions, and other factors since 1993 have not impacted the need for this regulation. In fact, they make the existence of this regulation even more necessary. The primary effect on small businesses is a beneficial one, as veterinary practices, agricultural businesses, and livestock and animal owners in the Commonwealth are able to obtain laboratory services close by and at an affordable price, thereby promoting Virginia agriculture.

Contact Information: Joseph P. Garvin, Program Manager, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services has conducted a small business impact review of 2VAC5-195, Prevention and Control of Avian Influenza in the Live-Bird Marketing System, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated January 3, 2013, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

There is a continued need for the regulation in order to protect the avian species and public health. This regulation is not expected to have a significant economic impact on small business. The regulation itself is not complex, and the only potential impact on a small business would be if a violation would occur and the owner were charged with a civil penalty. The regulation does not specifically duplicate any state laws.  The regulation is reviewed periodically but has not changed substantially since it was adopted in 2006. Consistent with the stated objectives of this law, this regulation should be maintained.

Contact Information: Charles Broaddus, DVM, Program Manager, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX (804) 371-2380, or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services has conducted a small business impact review of 2VAC5-220, Virginia Horse Breeder Incentive Program, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated January 25, 2013, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Currently, there is no funding with which to administer the Virginia Horse Breeder Incentive Program. The regulation has been retained over the past 10 years with the hope that funding for this program will be restored by the General Assembly. State law requires the regulation in order to implement a breeder incentive program. Normally it takes approximately 18 months to two years to put a regulation in place through the full regulatory process. Therefore, the regulation has been retained just in case funding is restored. In the future, should the two major industry groups – the Virginia Horse Council and the Virginia Horse Industry Board – determine that this regulation no longer serves a useful purpose, the agency will consider the need for repealing this regulation.

There have been no complaints or comments received from the public regarding the regulation. This regulation, as written, provides a clear statement of requirements. This regulation does not overlap, duplicate, or conflict with any federal or other state law and regulation.

If and when state funding is provided to administer the breeder incentive program, it is expected the breeder incentive program regulation will have a positive impact on small businesses that provide a variety of services to the horse industry.

Contact Information: Andrea Heid, Equine Marketing Specialist, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX (804) 371-7786, or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services has conducted a small business impact review of 2VAC5-325, Regulations Governing Pine Shoot Beetle, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated December 11, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

This regulation has a minimal economic impact on small businesses. The agency has determined this regulation is necessary in order to continue to slow the artificial spread of the pine shoot beetle from infested areas to noninfested areas. The agency has determined that the regulation is not unnecessarily burdensome or complex. The agency has not received any complaints or comments from the public regarding the regulation.

Section 3.2-703 of the Code provides the Commissioner of Agriculture and Consumer Services with the authority to expand or reduce a quarantine's regulated area. The regulation was last amended to expand the regulated area in November 2010. No significant changes to technology, economic conditions, or other factors have occurred that would necessitate additional amendments to this regulation.

The pine shoot beetle is a federally regulated pest. Currently, the regulated areas under the federal pine shoot beetle quarantine mirror the regulated areas included in Virginia's quarantine. Without this regulation, the U.S. Department of Agriculture, Animal and Plant Health Inspection Service may elect to issue a federal quarantine that would encompass all of Virginia and would place restrictions on businesses in noninfested areas of Virginia that are not currently subject to the provisions of this regulation. As such, the agency recommends that the regulations stay in effect without change.

Contact Information: Erin Williams, Policy and Planning Coordinator, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services has conducted a small business impact review of 2VAC5-390, Rules and Regulations for the Enforcement of the Virginia Seed Law, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated December 11, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

The provisions of this regulation continue to be necessary in order to assist in ensuring the accurate labeling and quality of seed products available for sale in the Commonwealth. The agency has not received any complaints or comments from the public concerning this regulation. The agency has determined that the regulation is not unnecessarily complex and is easily understood by the regulated industry. This regulation does not overlap, duplicate, or conflict with any federal law or any other state law or regulation.

The regulation adopts many of the methods of inspecting, sampling, and testing and the application of tolerances that have been adopted by the Association of Official Seed Analysts, which allows the agency's Seed Lab to adjust its operation to reflect the most current nationally accepted methods of inspecting, sampling, and testing. Additionally, the agency has determined there are no changes to technology, economic conditions, or other factors that have occurred that necessitate amendments to this regulation.

Contact Information: Erin Williams, Policy and Planning Coordinator, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services has conducted a small business impact review of 2VAC5-450, Rules and Regulations Relating to the Virginia Plants and Plant Products Inspection Law, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated December 13, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

The agency has determined that this regulation continues to be necessary to assist in protecting the agricultural, horticultural, forest resources, and other interests of the Commonwealth from plant pests and is not excessively burdensome on small businesses. The agency has not received any complaints or comments from the public regarding this regulation. The agency has determined that this regulation is not unnecessarily complex and is easily understood by the regulated industry. This regulation does not overlap, duplicate, or conflict with any federal or state law or regulation. The agency has determined that no changes to technology, economic conditions, or other factors have occurred that would necessitate a change to the regulation.

Contact Information: Erin Williams, Policy and Planning Coordinator, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services has conducted a small business impact review of 2VAC5-520, Rules and Regulations Governing Testing of Milk for Milkfat, Protein, and Lactose Content By Automated Instrument Methods, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated January 10, 2013, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

The agency has determined that the regulation should be retained in its present form as it provides for alternative testing methods that are cost effective to the industry. The agency has not received any complaints or comments concerning the regulation from the public. The regulation's flexibility allows for use of other testing methods and is easily understood. This regulation is not mandated by any federal law or regulation. The regulation is mandated by state law. The regulation does not conflict with federal or state law and was last evaluated in 2001. New technologies for testing methods are supported by this regulation. The economic impact of the regulation on small businesses is favorable in that small laboratory equipment companies can offer for sale alternative testing equipment that meets regulatory guidelines. In addition, the regulation is effective in providing alternative, cost-effective testing methods for determining the composition of milk or cream.

Contact Information: Carolyn Peterson, Program Supervisor, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services has conducted a small business impact review of 2VAC5-675, Regulations Governing the Pesticide Fees Charged by the Department of Agriculture and Consumer Services, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated December 21, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

The agency has determined that this regulation continues to be necessary, as the fees established in the regulation are a significant source of the nongeneral funds that support the program that administers the Virginia Pesticide Control Act.  This regulation does not unduly burden small businesses. The fees established in this regulation were last increased in 1999. The agency has not received any complaints or comments that the established fees are unreasonable. This regulation is not unnecessarily complex and is easily understood by the regulated industries. This regulation does not overlap, duplicate, or conflict with federal or state law or regulation.  The agency has determined that no changes in technology, economic conditions, or other factors have occurred that necessitate amending the regulation at this time.

Contact Information: Erin Williams, Policy and Planning Coordinator, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

STATE AIR POLLUTION CONTROL BOARD

Fredericksburg Ozone Advance Action Plan

Notice of action: The Department of Environmental Quality (DEQ) is seeking comments and announcing a public hearing on a proposed plan to promote continued compliance with the national ambient air quality standard (NAAQS) for ozone in the Fredericksburg Maintenance Area. This Ozone Advance Action Plan is a plan developed by the Commonwealth in order to meet its overall clean air goals under the federal Clean Air Act by attaining and maintaining the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act.

Purpose of notice: DEQ is seeking comments on the overall plan.

Public comment period: March 11, 2013, to April 9, 2013.

Public hearing: Fredericksburg Area Metropolitan Planning Organization (FAMPO), 406 Princess Anne Street, Fredericksburg, VA at 1:30 p.m. on April 8, 2013. Directions may be found at http://www.fampo.gwregion.org/about-fampo/directions/.

Description of proposal: This Ozone Advance Action Plan covers the Fredericksburg Ozone Maintenance Area, consisting of the counties of Spotsylvania and Stafford and the city of Fredericksburg. On May 21, 2012, EPA designated this area as attainment/maintenance for the 2008 ozone national ambient air quality standard. To help ensure continued clean air, the leaders from these jurisdictions have worked cooperatively with DEQ and a number of stakeholders to create the plan, which details the numerous clean air programs that are in place and will be implemented to reduce substances that contribute to the formation of ozone. Air quality in the area will continue to improve through the implementation of these programs. Major stakeholders in this process include FAMPO; Virginia Department of Mines, Minerals, and Energy; Virginia Department of Transportation; Fort A.P. Hill; Dominion Virginia Power; Virginia Clean Cities Coalition; and GWRideConnect. Actions taken as part of the plan and various upwind reductions of ozone and particulate matter will continue to improve air quality well into the future.

Federal information: This notice is being given to provide the general public with the opportunity to provide input on the plan. Ozone Advance Action Plans are voluntary plans developed in cooperation with EPA and are intended to enable the Commonwealth to meet its general federal requirement to attain and maintain the NAAQS; however, there is no mandatory requirement for this type of plan to undergo public comment.

How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DEQ no later than the last day of the comment period. DEQ prefers that comments be provided in writing, along with any supporting information. Comments on the plan must be submitted to the contact person listed below. All materials received are part of the public record.

To review the proposal: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website (http://www.deq.state.va.us/Programs/Air/PublicNotices/airplansandprograms.aspx). 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:

1) Main Street Office, 629 East Main Street, 8th Floor, Richmond, VA, telephone [phone], and

2) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone [phone].

Contact Information: Doris A. McLeod, Department of Environmental Quality, 629 East Main Street,

P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], TDD [phone], or email [e-mail].

Hampton Roads Ozone Advance Action Plan

Notice of action: The Department of Environmental Quality (DEQ) is seeking comments and announcing a public hearing on a proposed plan to promote continued compliance with the national ambient air quality standard (NAAQS) for ozone in the Hampton Roads Maintenance Area. This Ozone Advance Action Plan is a plan developed by the Commonwealth in order to meet its overall clean air goals under the federal Clean Air Act by attaining and maintaining the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act.

Purpose of notice: DEQ is seeking comments on the overall plan.

Public comment period: March 11, 2013, to April 10, 2013.

Public hearing: Conference Rooms 1 and 2, DEQ Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA at 10 a.m. on April 9, 2013.

Description of proposal: This Ozone Advance Action Plan covers the Hampton Roads Ozone Maintenance Area, consisting of the counties of Gloucester, Isle of Wight, James City, and York, and the cities of Chesapeake, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg. On May 21, 2012, EPA designated this area as attaining the 2008 ozone national ambient air quality standard. To help ensure clean, healthy air into the future, the leaders from these jurisdictions have worked cooperatively with the Virginia Department of Environmental Quality and a number of stakeholders to create this plan, which details the numerous clean air programs that are in place and will be implemented to reduce ozone precursors. Air quality in the Hampton Roads area will continue to improve through the implementation of these programs. Major stakeholders in this process include the Hampton Roads Transportation Planning Organization; Virginia Department of Mines, Minerals, and Energy; Virginia Department of Transportation; Virginia Port Authority; Dominion Virginia Power; Virginia Clean Cities Coalition; and Hampton Roads TRAFFIX. Actions taken as part of this plan and various upwind reductions of ozone and particulate matter will continue to improve air quality well into the future.

Federal information: This notice is being given to provide the general public with the opportunity to provide input on the plan. Ozone Advance Action Plans are voluntary plans developed in cooperation with EPA and are intended to enable the Commonwealth to meet its general federal requirement to attain and maintain the NAAQS; however, there is no mandatory requirement for this type of plan to undergo public comment.

How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DEQ no later than the last day of the comment period. DEQ prefers that comments be provided in writing, along with any supporting information. Comments on the plan must be submitted to the contact person listed below. All materials received are part of the public record.

To review the proposal: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website (http://www.deq.state.va.us/Programs/Air/PublicNotices/airplansandprograms.aspx). 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:

1) Main Street Office, 629 East Main Street, 8th Floor, Richmond, VA, telephone [phone], and

2) Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA, telephone [phone].

Contact Information: Doris A. McLeod, Department of Environmental Quality, 592 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], TDD [phone], or email [e-mail].

Richmond - Petersburg Ozone Advance Action Plan

Notice of action: The Department of Environmental Quality (DEQ) is seeking comments and announcing a public hearing on a proposed plan to promote continued compliance with the national ambient air quality standard (NAAQS) for ozone in the Richmond-Petersburg Maintenance Area. This Ozone Advance Action Plan is a plan developed by the Commonwealth in order to meet its overall clean air goals under the federal Clean Air Act by attaining and maintaining the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act.

Purpose of notice: DEQ is seeking comments on the overall plan.

Public comment period: March 11, 2013, to April 9, 2013.

Public hearing: Conference Room A, DEQ Main Street Office, 629 East Main Street, Richmond, VA at 10 a.m. on April 5, 2013.

Description of proposal: This Ozone Advance Action Plan covers the Richmond-Petersburg Ozone Maintenance Area, consisting of the counties of Charles City, Chesterfield, Hanover, Henrico, and Prince George, and the cities of Colonial Heights, Hopewell, Petersburg, and Richmond. On May 21, 2012, EPA designated this area as attainment/maintenance for the 2008 ozone national ambient air quality standard. To help ensure continued clean air, the leaders from these jurisdictions have worked cooperatively with DEQ and a number of stakeholders to create the plan, which details the numerous clean air programs that are in place and will be implemented to reduce substances that contribute to the formation of ozone. Air quality in the area will continue to improve through the implementation of these programs. Major stakeholders in this process include the Richmond Area Metropolitan Planning Organization; the Crater Metropolitan Planning Organization; Virginia Department of Mines, Minerals, and Energy; Virginia Department of Transportation; Virginia Port Authority; United States Army Military Base Fort Lee; Dominion Virginia Power; Virginia Clean Cities Coalition; Richmond RideFinders; and Virginia Commonwealth University. Actions taken as part of the plan and various upwind reductions of ozone and particulate matter will continue to improve air quality well into the future.

Federal information: This notice is being given to provide the general public with the opportunity to provide input on the plan. Ozone Advance Action Plans are voluntary plans developed in cooperation with EPA and are intended to enable the Commonwealth to meet its general federal requirement to attain and maintain the NAAQS; however, there is no mandatory requirement for this type of plan to undergo public comment.

How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DEQ no later than the last day of the comment period. DEQ prefers that comments be provided in writing, along with any supporting information. Comments on the plan must be submitted to the contact person below. All materials received are part of the public record.

To review the proposal: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website (http://www.deq.state.va.us/Programs/Air/PublicNotices/airplansandprograms.aspx). 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:

1) Main Street Office, 629 East Main Street, 8th Floor, Richmond, VA, telephone [phone], and

2) Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA, telephone [phone].

Contact Information: Doris A. McLeod, Department of Environmental Quality, 592 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], TDD [phone], or email [e-mail].

DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Behavioral Health and Developmental Services has conducted a small business impact review of 12VAC35-210, Regulations to Govern Temporary Leave from State Mental Health and Mental Retardation Facilities, and determined that this regulation should be retained in its current form. The Department of Behavioral Health and Developmental Services is publishing its report of findings dated December 9, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

There is a continuing need for these regulations. No comments were received during the periodic review. The regulatory language is understandable and supports individuals served at state hospitals and training centers to successfully return to their communities. The regulations have been in place for more than five years without issue. The regulations benefit small businesses by supporting a successful transition from institutional to community service.

Contact Information: Linda Grasewicz, Regulatory Coordinator, 1220 Bank Street, P.O. Box 1797, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

DEPARTMENT OF CONSERVATION AND RECREATION

Total Maximum Daily Loads for Middle Fork Holston River and Wolf Creek

The Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation (DCR) seek written and oral comments from interested persons on the development of an Implementation Plan (IP) for fecal bacteria and sediment total maximum daily loads (TMDLs) for a 40.1 mile length of the Middle Fork Holston River from its headwaters near Rural Retreat downstream to Edmondson dam (near Route 91 crossing) and a 5.7 mile length of Wolf Creek from the Highway 11 crossing in Abingdon downstream to the South Holston Reservoir. These portions of the Middle Fork Holston River and Wolf Creek watershed are located in Wythe, Smyth, and Washington counties, including the towns of Marion, Chilhowie, and Abingdon. The TMDL studies for these stream impairments were completed in October 2009 and can be found in the Bacteria and Benthic TMDL Development for Middle Fork Holston River and Bacteria and Benthic TMDL Development for Wolf Creek study reports on DEQ's website at http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/tenbigrvr/mfholstonbcec.pdf and

http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/tenbigrvr/wolfbcec.pdf

Section 62.1-44.19:7 C of the Code of Virginia requires the development of an IP for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and their associated costs, benefits, and environmental impacts.

The final public meeting for the development of the IP will be held on Thursday, March 28, 2013, at 6:30 p.m. at the Department of Environmental Quality, Southwest Regional Office, 355 Deadmore Street, Abingdon, VA 24210. At this meeting, a draft of the implementation plan will be discussed and citizens will be able to offer input on and ask questions about the plan.

The 30-day public comment period on the information presented at the meeting will end on April 27, 2013. A fact sheet on the development of the IP is available upon request. Questions or information requests should be addressed to Patrick Lizon, TMDL/Watershed Field Coordinator, Department of Conservation and Recreation. Written comments and inquiries should include the name, address, and telephone number of the person submitting the comments and should be sent to Patrick Lizon, Department of Conservation and Recreation, 355 Deadmore Street, Abingdon, VA 24210, email [e-mail], telephone [phone].

STATE CORPORATION COMMISSION

Bureau of Insurance

AT RICHMOND, FEBRUARY 12, 2013

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. INS-2012-00095

Ex Parte: In the matter of
Establishing Fees for the Licensing
and Renewal Licensing for Public Adjusters

FINAL ORDER

Pursuant to Chapter 735 of the 2012 Virginia Acts of Assembly, codified at §§ 38.2-812 through 38.2-815, 38.2-1824, and 38.2-1845.1 through 38.2-1845.23 of the Code of Virginia ("Code"), the State Corporation Commission ("Commission") is required to license public adjusters effective January 1, 2013, as well as prescribe the fees for licensing, examination, and the continuing education process.

The Commission's Bureau of Insurance ("Bureau") submitted to the Commission proposed fees in the amount of Two Hundred Fifty Dollars ($250) for the initial licensing of public adjusters and for biennial renewal.

Pursuant to § 12.1-28 of the Code, on May 31, 2012, the Commission issued an Order for Notice and Comment on the proposed fees.  All such comments, objections, or requests for a hearing were to be filed on or before July 31, 2012. Comments were received from Goodman‑Gable-Gould Adjusters International on July 16, 2012; Nationwide Mutual Insurance Company on July 31, 2012; and Property Casualty Insurers Association of America on July 31, 2012. The Bureau filed a response to the comments on August 22, 2012.

NOW THE COMMISSION, upon consideration of the applicable law and the comments filed herein, is of the opinion and finds that the proposed Two Hundred and Fifty Dollar ($250) fee for the licensing and renewal of public adjusters in the Commonwealth of Virginia is fair and equitable and should be enforced.

Accordingly, IT IS ORDERED THAT:

(1) As of the date of this Final Order, the fee for licensing and renewal of public adjusters in the Commonwealth of Virginia is Two Hundred and Fifty Dollars ($250).

(2) This case is dismissed, and the papers herein shall be placed in the file for ended causes.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to the Bureau of Insurance in care of Deputy Commissioner Brian P. Gaudiose, who forthwith shall give further notice of the proposed fees by mailing a copy of this Order to the National Association of Public Insurance Adjusters, the American Association of Public Insurance Adjusters, and certain interested parties designated by the Bureau of Insurance. The Clerk of the Commission also shall deliver a copy of this Order to the Commission's Office of General Counsel and Division of Information Resources.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Water Quality for the Poquoson River and Back River

The Virginia Department of Environmental Quality (DEQ) will host a public meeting on water quality studies for the Poquoson River and Back River, along with several tributaries located in the Cities of Hampton, Newport News, and Poquoson, and the County of York on Monday, March 18, 2013.

The meeting will start at 6 p.m. at the Sandy Bottom Nature Park Conference Room located at 1255 Big Bethel Road, Hampton VA 23666. The purpose of the meeting is to provide information and discuss the study with community members and local government.

Poquoson River, Hodges Creek, Lyons Creek, Floyds Bay, Cabin Creek, Roberts Creek, White House Creek, Bennett Creek, Easton Creek, Patricks Creek, Back Creek, Lower Chisman Creek, and Lambs Creek were identified in Virginia's 2010 Water Quality Assessment & Integrated Report as impaired due to violations of the state's water quality standards for recreation bacteria and shellfish consumption bacteria (Enterococci and Fecal coliform) and do not support the designated uses.

The Back River watershed includes the Northwest and Southwest Branches, Brick Kiln Creek, Newmarket Creek, Front Cove, Cedar Creek, Harris Creek, Long and Grunland Creeks, Tabbs Creek, Topping Creek, and Wallace Creek. These waterbodies were also identified in Virginia's 2010 Water Quality Assessment & Integrated Report as impaired due to violations of the state's water quality standards for recreation bacteria and shellfish consumption bacteria (Enterococci and Fecal coliform) and do not support the designated uses.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report and subsequent Water Quality Assessment Reports.

During the study, DEQ will develop a total maximum daily load for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL amount. The Virginia Departments of Environmental Quality, Conservation and Recreation, and Health are working to identify the sources of pollution in the watersheds of these streams.

The public comment period on materials presented at this meeting will extend from March 19, 2013, to April 17, 2013. For additional information or to submit comments, contact Jennifer Howell, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, telephone [phone], or email [e-mail].

Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

Total Maximum Daily Loads for the South Mayo River, North Mayo River, Blackberry Creek, Smith River, Marrowbone Creek, and Leatherwood Creek

The Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation (DCR) seek written and oral comments from interested persons on the development of an Implementation Plan (IP) for bacteria total maximum daily loads (TMDLs) on a 16.63 mile segment of the South Mayo River from Russell Creek to the Virginia-North Carolina state line, a 22.46 mile segment of the North Mayo River from Laurel Branch and Polebridge Creek to Virginia-North Carolina state line, the entire 14.82 stretch of Blackberry Creek from its headwaters to the Smith River confluence, a 6.95 mile segment of Smith River from the mouth of Reed Creek to the backwaters of Martinsville Dam, a 13.77 mile segment of the Smith River from Martinsville Dam to the mouth of Turkey Pen Branch, a 4.33 mile segment of Marrowbone Creek from the Henry County PSA Wastewater Treatment Plant to the Smith River confluence, and a 8.34 mile segment of Leatherwood Creek from the Martinsville City intake to the Smith River confluence. These portions of the Dan River watershed are located in Patrick and Henry counties. The TMDL studies for these stream impairments were completed in January 2004 and April 2008 and can be found, respectively, in the Bacteria TMDL for South Mayo River Patrick County, Virginia study report (available at http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/roankrvr/smayo.pdf) and the Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds study report (available at http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/roankrvr/danec.pdf).

Section 62.1-44.19:7 C of the Code of Virginia requires the development of an IP for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and their associated costs, benefits, and environmental impacts.

The final public meeting for the development of the IP will be held on Thursday, March 28, 2013, at 6:30 p.m. at the Spencer Penn Centre, 475 Spencer Penn Road, Spencer, VA 24165. At this meeting, a draft of the implementation plan will be discussed and citizens will be able to offer input on and ask questions about the plan.

The 30-day public comment period on the information presented at the meeting will end on April 28, 2013. A fact sheet on the development of the IP is available upon request. Questions or information requests should be addressed to Heather Vereb Longo with the Virginia Department of Conservation and Recreation. Written comments and inquiries should include the name, address, and telephone number of the person submitting the comments and should be sent to Heather Vereb Longo, Department of Conservation and Recreation, 8 Radford Street, Suite 102-A, Christiansburg, VA 24073, email [e-mail], telephone [phone].

DEPARTMENT OF HEALTH

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Health, on behalf of the Board of Health, is conducting a periodic review of 12VAC5-11, Public Participation Guidelines.

The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia.

The purpose of this review is to determine whether this regulation should be terminated, 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 March 11, 2013, and ends on April 1, 2013.

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 Joseph Hilbert, Director of Governmental and Regulatory Affairs, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7006, FAX [phone], or email [e-mail].

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 the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Health has conducted a small business impact review of 12VAC5-220, Virginia Medical Facilities Certificate of Public Need Rules and Regulations, and determined that this regulation should be retained in its current form. The Department of Health is publishing its report of findings dated December 5, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

The certificate of public need (COPN) program is designed to promote comprehensive health planning to meet the health care needs of the public, while avoiding duplication of specified medical care facilities and services. Regulation is the tool used by state agencies to provide the necessary consistency for the COPN applicant, good cause petitioners, and state officials to measure the need for prescribed medical care facilities and services in Virginia. There are no comparable federal regulations; therefore, the regulation does not overlap, is not duplicative, and does not conflict with federal regulations. The regulation was last evaluated in 2008. Currently, the regulation meets the intent and purpose of the applicable state mandate. Repeal of the regulations can only be achieved through legislative action. The department will continue to monitor its effectiveness and will seek amendment of the regulation in the event such action is deemed warranted. Small businesses are not impacted by the regulation, unless they choose to offer one of the prescribed services or operate a medical care facility defined in the COPN law.

Contact Information: Carrie Eddy, Policy Analyst, Office of Licensure and Certification, Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone [phone], FAX [phone], or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Health has conducted a small business impact review of 12VAC5-408, Certificate of Quality Assurance of Managed Care Health Insurance Plan Licensees, and determined that this regulation should be retained in its current form. The Department of Health is publishing its report of findings dated December 6, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

The managed care health insurance plan (MCHIP) quality assurance certification program is designed to address the quality of care provided to persons covered by managed care health insurance plans. Regulation is the tool used by state agencies to provide the necessary consistency for both health insurance carriers and state officials to assess, measure, and improve the health status of covered persons. Last evaluated in 2008, the regulation still meets the intent and purpose of the state mandate. Repeal of the regulations can only be achieved through legislative action. The federal Affordable Care Act (ACA), enacted in 2010, provides regulations for those health insurance carriers opting to participate in the health benefit exchanges created by the ACA. However, Virginia has not yet established its framework or plan for meeting the federal mandate. The department will continue to monitor the MCHIP program and the ACA and will seek amendment of the regulation in the event such action is deemed warranted. Small businesses are not impacted unless they choose to enter the health insurance market and are subject to licensure under the Bureau of Insurance of the State Corporation Commission.

Contact Information: Carrie Eddy, Policy Analyst, Office of Licensure and Certification, Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone [phone], FAX [phone], or email [e-mail].

MILK COMMISSION

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services has conducted a small business impact review of 2VAC15-20, Regulations for the Control and Supervision of Virginia's Milk Industry, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated January 2, 2013, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

The agency believes there is a continued need for this regulation because the milk industry will continue to be regulated by either state or federal regulation. The Milk Commission's regulations are not in conflict with federal regulations but contribute to local needs that federal regulations would not address. The last regulatory review of this regulation occurred in 2003. Since the last regulatory review there has been no change in the accounting processes contained in the regulation, which is the substantial portion of the regulation. The economic impact on small business is considered minimal.

Contact Information: Rodney Phillips, Administrator, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

STATE BOARD OF SOCIAL SERVICES

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Social Services has conducted a small business impact review of 22VAC40-12, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The State Board of Social Services is publishing its report of findings dated December 13, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

There is a continued need for this regulation, as it is mandated by legislation. The single comment received during the public comment period does not relate to this regulation. The regulation does not conflict with federal or state law or regulation. It was established in 2008 and is a model regulation for state agencies. The area affected by the regulation has not been impacted by technology or economic conditions since it was established. The regulation has a positive impact on small businesses, in that it promotes public involvement in the regulatory process.

Contact Information: Karin Clark, Regulatory Coordinator, 801 East Main Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email address: [e-mail].

STATE WATER CONTROL BOARD

Proposed Consent Order for Town of Middleburg

An enforcement action has been proposed for the Town of Middleburg for violations of the State Water Control Law and Regulations in Loudoun County at the Town of Middleburg Wastewater Treatment Plant and its associated collection system. The consent order describes a settlement to resolve violations of Virginia Pollutant Discharge Elimination System Permit No. VA0024775. 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], FAX [phone], or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from March 12, 2013, through April 11, 2013.

Proposed Consent Special Order for County of Powhatan

An enforcement action has been proposed for the County of Powhatan for alleged violations that occurred at the County of Powhatan's Dutoy Creek Wastewater Treatment Plant, Powhatan, Virginia. The State Water Control Board proposes to issue a consent special order to the County of Powhatan to address noncompliance with State Water Control Board 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. Cynthia Akers will accept comments by email at [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from March 11, 2013, to April 12, 2013.

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]; FAX (804) 692-0625; 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/.

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/cumultab.htm.

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.