8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 26 Iss. 16 - April 12, 2010

GENERAL NOTICES/ERRATA

STATE CORPORATION COMMISSION

Bureau of Insurance

March 15, 2010

Administrative Letter 2010-02

TO: All Entities with Authority to Appoint Producers in Virginia and Other Interested Parties

RE: Online Printing of Producers Licenses

The purpose of this Administrative Letter is to advise insurers and insurance producers that they may now print licenses online. The implementation of this functionality has been the most frequently requested service enhancement by insurers and producers since the Bureau of Insurance (Bureau) implemented the Sircon for States system. We are pleased to make this feature available.

Currently, when the Bureau of Insurance issues a license, it is mailed to the producer. Effective immediately, the Bureau will no longer mail licenses.

Electronic applications for licensure are submitted to the Bureau through either Sircon's Compliance Express (CX) or the National Insurance Producer Registry (NIPR). For applications submitted through CX, Sircon sends an email notification to the producer when the license has been issued. The producer will then print the license at www.sircon.com/virginia. This service is free for up to 30 days after the license application submitted through CX has been approved. After 30 days, the licenses and/or duplicate licenses may be printed for a Sircon service fee, which is currently $5.50.

For applications submitted through NIPR, an email notification is not sent to the producer when the license has been issued. Producers may check their licensing status through the Bureau's "Producer Lookup" feature at scc.virginia.gov/division/boi/webpages/ConsumerInquiry/ProducerSearch.aspx. When the license status reflects that the license has been issued, the producer will then print the license at www.sircon.com/virginia. The Sircon service fee (currently $5.50) will be applied.

Producers are encouraged to review licensing information in the pamphlet, General Information Pertaining to All Licenses, on the Bureau's website at www.scc.virginia.gov/division/boi/webpages/licenseforms/licenseinfo.pdf.

This Administrative Letter has been posted on the Bureau of Insurance website at http://www.scc.virginia.gov/division/boi/webpages/boiadministrativeltrs.htm. Please distribute to the appropriate personnel within your company and notify producers of the changes. Questions relating to this Administrative Letter should be directed to: J. Preston Winn, Supervisor, Agents Licensing Section, Bureau of Insurance, P.O. Box 1157, Richmond, VA 23218, telephone (804) 371-9631, FAX [phone].

/s/ Alfred W. Gross

Commissioner of Insurance

DEPARTMENT OF ENVIRONMENTAL QUALITY

Restore Water Quality for Mill Creek

Public meeting: Wednesday April 28, 2010, at the Northumberland Public Library, 7204 Northumberland Hwy., Heathsville, VA 23473. An afternoon public meeting will be held at 1 p.m. and an evening public meeting from 6 p.m. to 8 p.m.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation are announcing the completion of a study to restore water quality for an impaired creek in Northumberland County, a public comment opportunity, and two public meetings.

Meeting description: Final public meetings on a study to restore water quality of the recreation/swimming use of non-tidal Mill Creek which is impaired due to bacterial violations. The watershed area includes an unnamed tributary to Kissinger Millpond and Kissinger Millpond.

Description of study: Virginia agencies have been working to identify sources of the bacterial contamination in Mill Creek. The impairment spans approximately 4 stream miles in Northumberland County. This stream is impaired for failure to meet the recreational (swimming) designated use because of bacterial water quality standard violations.

Stream	County	Impairment Length (mi)	Impairment
Mill Creek	Northumberland	3.94	Recreational (swimming) Use

The study reports on the current status of the creek via sampling performed by the Virginia Department of Environmental Quality and the possible sources of bacterial contamination. The study recommends Total Maximum Daily Loads (TMDLs) for the impaired creek. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, bacterial levels have to be reduced to the TMDL amount.

How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period, which expires on May 28, 2010. DEQ also accepts written and oral comments at the public meetings announced in this notice.

Contact for additional information: Margaret Smigo, TMDL Coordinator, Department of Environmental Quality, Piedmont Regional Office, 4949 A Cox Road, Glen Allen, VA, 23060, telephone [phone], FAX [phone], or email [e-mail].

Proposed Consent Special Order for Radford Army Ammunition Plant

An enforcement action has been proposed for the Radford Army Ammunition Plant for violations in Montgomery County, Virginia. The Special Order by Consent will address and resolve violations of environmental law and regulations. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Jerry Ford, Jr. will accept comments by email to [e-mail] or postal mail to Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, from April 13, 2010, to May 12, 2010.

Total Maximum Daily Load for Slate River

The Department of Conservation and Recreation (DCR) and the Department of Environmental Quality (DEQ) seek input from local citizens on the development of an implementation plan (IP) for bacteria Total Maximum Daily Loads (TMDLs) on the following impaired stream segments - 6.14 miles of Austin Creek, 3.83 miles of Frisby Branch, 8.44 miles of North River, 0.95 mile of Troublesome Creek, 16.92 miles of the Slate River, and 8.84 miles of Rock Island Creek in Buckingham County. The Slate River empties into the James River, and Rock Island Creek, a tributary of the James River, empties into the James River west of the confluence of the Slate and James Rivers. TMDLs for these six segments were included in the TMDL study completed for the Slate River in March 2007. The TMDLs were approved by EPA, a copy of which can be found on DEQ's website at http://www.deq.virginia.gov/tmdl/apptmdls/jamesrvr/jmslate.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 first public meeting on the development of the IP for the above impaired segments will be held on Thursday, April 22, 2010, at 6:30 p.m. at the Buckingham Agricultural Center, 54 Administration Lane, Buckingham, VA. After a one-hour public meeting, stakeholders will break into working group sessions to begin the public participation input process for the implementation plan.

The public comment period will end on May 24, 2010. A fact sheet on the development of an IP for the above impaired stream segments is available upon request. Questions or information requests should be addressed to Ram Gupta, Department of Conservation and Recreation, 101 North 14th St., 11th Floor, Monroe Building, Richmond, VA 23219, telephone [phone], or email [e-mail]. Written comments and inquiries should include the name, address, and telephone number of the person submitting the comments and should be sent to Mr. Gupta.

STATE LOTTERY DEPARTMENT

Director's Order

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on March 16, 2010, and March 23, 2010. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, VA.

Final Rules for Game Operation:

Director's Order Number Thirty-Three (10)

Virginia's Instant Game Lottery 1166; "Virginia's $250,000 Jackpot" Final Rules for Game Operation (effective 3/16/10)

Director's Order Number Thirty-Five (10)

Virginia Lottery's "Megapower Sweepstakes" Final Rules for Game Operation (effective 3/22/10)

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Reimbursement for Inpatient Services for Residential Treatment Facilities

Notice is hereby given that the Department of Medical Assistance Services (DMAS) intends to modify its reimbursement methodology for inpatient services in a residential treatment facility pursuant to the Department's authority under Title XIX of the Social Security Act. 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)). All of the changes contained in this public notice are occurring in response to the Interim Final Rule with Comment Period published by the Centers for Medicare and Medicaid Services (CMS) on December 4, 2007.

The current reimbursement methodology for inpatient services in a residential treatment facility under the State Plan for Medical Assistance Services is codified in state regulations at 12VAC30-80-21. DMAS reimburses a daily rate that covers the cost for inpatient services. Under federal law, residential treatment facilities are institutions for mental disease (IMD) which are subject to special rules. Under CMS interpretation of federal law, the rate for all services furnished in and by an IMD, not just inpatient services, must be paid to the IMD to be covered under Medicaid. Therefore, DMAS will modify its reimbursement for residential treatment centers to cover the cost for all services furnished in and by an IMD consistent with CMS interpretation of federal law and any court decisions regarding that interpretation.

This amendment is estimated to neither increase nor decrease total annual Medicaid spending.

A copy of this notice is available for public review from William Lessard, Director, Provider Reimbursement Division, DMAS, 600 East Broad Street, Suite 1300, Richmond, VA 23219, and at any local social service office. Addresses for local social service offices may be obtained by contacting Mr. Lessard or the local city or county government. Comments or inquiries may be submitted, in writing, by May 12, 2010, to Mr. Lessard and such comments are available for review at the same address.

Contact Information: Brian McCormick, Regulatory Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone [phone], FAX [phone], TDD (800) 343-0634, or email [e-mail].

BOARD FOR WASTE MANAGEMENT FACILITY OPERATORS

Notice of Periodic Review

The Virginia Board for Waste Management Facility Operators invites public comment on 18VAC155-20, Virginia Board for Waste Management Facility Operators Regulations. The review is being conducted under Executive Order 107.

The board welcomes written comments on the performance and effectiveness of the regulation in achieving the following goals:

To ensure that only regulations that are necessary to interpret the law or to protect the public health, safety, and welfare have been promulgated; to regulate the waste management facility operators profession in the most efficient and cost effective manner possible; and to ensure that the regulations are clearly written and easily understandable.

Copies of the regulation may be obtained from the Department of Professional and Occupational Regulation's website at www.dpor.virginia.gov or by contacting the board at the address below. Written comments will be received until 5 p.m. on Monday, May 3, 2010. Comments or questions should be sent to David E. Dick, Executive Director, Virginia Board for Waste Management Facility Operators, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone [phone], FAX (804) 527-4297, or email [e-mail].

STATE WATER CONTROL BOARD

Proposed Action - Town of Brookneal

An enforcement action has been proposed for the Town of Brookneal for violations at the Falling River and Staunton River Lagoon Wastewater Treatment facilities. The proposed enforcement action contains a schedule of compliance which details the corrective action required. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. G. Marvin Booth, III, will accept comments by email at [e-mail], FAX at [phone] or postal mail at Department of Environmental Quality, Blue Ridge Regional Office, 7705 Timberlake Road, Lynchburg, VA 24502 from April 12, 2010, to May 13, 2010.

Proposed Consent Special Order for Shine Transportation, Inc.

An enforcement action has been proposed for Shine Transportation, Inc., for violations of State Water Control Law and regulations resulting from an oil release into state waters stemming from a tanker truck accident in Loudoun County. The consent order describes a settlement to resolve these violations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Daniel Burstein will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from April 13, 2010, to May 13, 2010.

Proposed Enforcement Action for Western Virginia Water Authority

An enforcement action has been proposed for the Western Virginia Water Authority, regarding the Falling Creek Water Filtration Plant, for alleged violations of the State Water Control Law. The proposed enforcement action requires a civil charge and corrective action. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Robert Steele will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019 from April 12, 2010, to May 12, 2010.

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

TITLE 4. CONSERVATION AND NATURAL RESOURCES

Title of Regulation: 4VAC20-490. Pertaining to Sharks.

Publication: 26:14 VA.R. 2242 - 2245 March 15, 2010.

Correction to Final Regulation:

Page 2245, 4VAC20-490-41, subsection I, line 6, after "harvest of" change "the" to "any."

VA.R. Doc. No. R10-2300; Filed March 25, 2010, 11:08 a.m.