8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 32 Iss. 17 - April 18, 2016

BOARD FOR ARCHITECTS, PROFESSIONAL ENGINEERS, LAND SURVEYORS, CERTIFIED INTERIOR DESIGNERS, AND LANDSCAPE ARCHITECTS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects conducted a small business impact review of 18VAC10-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects is publishing its report of findings dated March 24, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

1. The current regulations are necessary for the board to comply with § 2.2-4007.02 of the Code of Virginia and Chapter 321 of the 2008 Acts of Assembly.

2. No public comments were received during the public comment period January 11, 2016, through February 1, 2016.

3. The regulations are not complex in nature.

4. The regulations do not overlap, duplicate, or conflict with federal or state laws or regulations but instead work in concert with them.

5. The last periodic review concluded December 2011. The current regulations became effective November 2008.

6. No small business impact has been identified.

Contact Information: Kathleen R. Nosbisch, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, Virginia, 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 Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects conducted a small business impact review of 18VAC10-20, Board For Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, And Landscape Architects Regulations, and determined that this regulation should be retained in its current form. The Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects is publishing its report of findings dated March 24, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

1. The current regulations establish minimum licensing requirements for architects, professional engineers, land surveyors, and landscape architects. Minimum standards are necessary for these professions because these individuals design the very infrastructure of the country including buildings, bridges, and other important structures. Ensuring that these professionals meet minimum education, training, experience, and examination standards is crucial to the protection of the public health, safety, and welfare. The regulations also establish specific requirements for the certification of interior designers. However, as a certificate program, it does not affect the practice of interior design by noncertified individuals. These regulations also establish minimum requirements for business registrations.

2. Four public comments were received during the public comment period January 11 through February 1, 2016. The first comment recommends that the regulation regarding the licensing/certification of architects, professional engineers, land surveyors, certified interior designers, and landscape architects be retained in order to help protect the health, safety, and welfare. The other comments pertain to allowing experience to replace education requirements. The board determined to keep the requirements as currently written.

3. The regulations are not complex in nature.

4. The regulations do not overlap, duplicate, or conflict with federal or state laws or regulations but instead work in concert with them.

5. The last periodic review concluded December 2011. The current regulations became effective January 1, 2016.

6. No small business impact has been identified.

Contact Information: Kathleen R. Nosbisch, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, Virginia, 23233, telephone [phone], FAX [phone], or email [e-mail].

STATE CORPORATION COMMISSION

Bureau of Insurance

March 23, 2016

Administrative Letter 2016-02

To: All Carriers with in force Long-Term Care Insurance Policies in Virginia and All Interested Parties

Re: Rules Governing Long Term Care Insurance
14VAC5-200-125 Annual Rate Reports

This Administrative Letter serves to remind carriers with Long-Term Care Insurance (LTCI) coverage in force in Virginia of new reporting requirements beginning in 2016.

In accordance with the Rules Governing Long Term Care Insurance (Rules) at 14VAC5-200-125, insurers must report to the commission annually by June 30 premium rates for all LTCI policies. The first annual rate reports are due no later than June 30, 2016.

The rules identify different reporting requirements depending upon when the policies were issued and whether or not the policies are currently being marketed. Insurers are responsible for consulting the rules for more specific information concerning the information to be reported.

To facilitate and standardize the completion and submission of the annual rate reports, we strongly encourage insurers to use the annual rate reporting forms developed by the bureau and to submit the annual rate reports and any accompanying documentation via the System for Electronic Rate and Form Filings (SERFF). The annual rate reporting forms, which vary depending upon the dates of issue of the policies and by their marketing status, may be found on the bureau's website at http://www.scc.virginia.gov/boi/co/health/index.aspx.

Any policy forms that have or will be combined for purposes of rate increases must also be combined in the annual rate report.

An annual rate report is not required for non-cancellable LTCI policies. An insurer may also request an exemption from future annual rate reports for any form or forms for which it provides written certification that it will not increase premiums in the future.

Questions or requests for clarification should be directed to Toni Janoski, Supervisor, Rates Section, Life and Health Division, Bureau of Insurance, [phone], or email [e-mail].

/s/ Jacqueline K. Cunningham
Commissioner of Insurance

CRIMINAL JUSTICE SERVICES BOARD

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Criminal Justice Services is conducting a periodic review and small business impact review of 6VAC20-90, Rules Relating to Regional Criminal Justice Training Academies.

The review of this regulation will be guided by the principles in Executive Order 17 (2014). The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economic 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 April 18, 2016, and ends May 18, 2016.

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 Barbara Peterson-Wilson, Law Enforcement Program Coordinator, 1100 Bank Street, Richmond, Virginia, 23219, telephone [phone], 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 both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

Revisions to the Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards

On March 24, 2016, the Criminal Justice Services Board's Committee on Training voted to approve revisions to the training standards related to terrorism awareness level training. A detailed summary of the revisions will be emailed to all training academies listed in the Department of Criminal Justice Services Criminal Justice Directory. The revisions will become effective May 19, 2016.

In accordance with the requirements of 6VAC20-20-25 and 6VAC20-50-21 this general notice serves as notification to all affected entities that revisions will be made to the Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards in the following areas:

Law Enforcement (Patrol) – Chapter 5, Patrol, 4.2, Special Note.

Civil Process Officers (Field Training) – Chapter 5, Field Training. Revisions have been made to Performance Outcomes 9.7, 9.8, 9.9, and to the Special Note Section.

Courtroom Security Officers (Field Training) – Chapter 5, Field Training. Revisions have been made to Performance Outcomes 9.10, 9.11, 9.12, and to the Special Note Section.

Jail Officers (Field Training) – Chapter 5, Field Training. Revisions have been made to Performance Outcomes 9.67, 9.68, and 9.69.

Basic Corrections Officer (Emergency Response) – Chapter 5, Emergency Response. Revisions have been made to Performance Outcomes 4.5, 4.5.2, 4.5.3, 4.5.4, the Lesson Plan Guide under Performance Outcome 4.5. (Identify Public Safety Response to Terrorism Awareness level training courses), the Training Objectives Related to 4.5, and to the Criteria on which trainees will be tested.

Juvenile Corrections Officer (Emergency Response) – Chapter 5, Emergency Response. Revisions have been made to Performance Outcomes 4.7, 4.7.2, 4.7.3, 4.7.4, the Lesson Plan Guide under Performance Outcome 4.7. (Identify Public Safety Response to Terrorism Awareness level training course), the Training Objectives Related to 4.5, and to the Criteria on which trainees will be tested.

Contact Information: Barbara Peterson-Wilson, Law Enforcement Program Coordination, 1100 Bank Street, 12th Floor, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

DEPARTMENT OF ENVIRONMENTAL QUALITY

State Implementation Plan Revision - Amended Motor Vehicle Emissions Budgets

The Department of Environmental Quality (DEQ) is seeking comments and announcing a public hearing on a proposed revision to the Commonwealth of Virginia State Implementation Plan (SIP). The Commonwealth intends to submit amended motor vehicle emissions budgets (MVEBs) as a revision to the Virginia SIP in accordance with the federal Clean Air Act. The SIP is the plan developed by the Commonwealth in order to fulfill its responsibilities under the Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA).

DEQ is seeking comments on the amended MVEBs for the Northern Virginia portion of the Metropolitan Washington, DC-MD-VA PM2.5 Maintenance Area, which consists of the counties of Arlington, Fairfax, Loudoun, and Prince William and the cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park.

Public comment period: April 18, 2016, to May 19, 2016.

A public hearing will be conducted at the Department of Environmental Quality, Northern Region Office, 13901 Crown Court, Woodbridge, Conference Room 1, Virginia, at 10 a.m. on May 10, 2016. A map and directions maybe found at http://www.deq.virginia.gov/Locations/NorthernRegional
Office.aspx.

This revision consists of amendments to the 1997 annual primary fine particulate (PM2.5) maintenance plan for the Washington DC-MD-VA PM2.5 Maintenance Area. These revisions include changes to on-road MVEBs for very fine particulate matter (PM2.5) and nitrogen oxides (NO_X) based on the EPA-approved MOVES2014 model. The MVEBs are being revised in order to meet commitments in the area's PM2.5 maintenance plan.

This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). The proposed amendments and any supporting technical documents will be submitted as a revision to the SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104.

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. Both oral and written comments are accepted at the public hearing. DEQ prefers that comments be provided in writing, along with any supporting documents or exhibits. Comments must be submitted to Doris A. McLeod, Air Quality Planner, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, Virginia 23218, telephone [phone], FAX [phone], or email [e-mail]. All materials received are part of the public record.

The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans web site at http://www.deq.state.va.us/Programs/Air/PublicNotices/airplansandprograms.aspx. The documents may also be obtained by contacting Doris McLeod. 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: Main Street Office, 8th Floor, 629 East Main Street, Richmond, VA, telephone [phone] and Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone [phone].

Small Renewable Energy (Solar) Project - Accomack County

SunTec Solar Solutions LLC, has provided notice to the Department of Environmental Quality of its intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Accomack County, Virginia, pursuant to § 10.1-1197.6 B 1 of the Code of Virginia and 9VAC15-60. The project is located between the towns of Onancock, Virginia, and Tasley, Virginia, in the vicinity of the Tasley electrical substation. The project is expected to have four subprojects, each subproject expected to have a maximum capacity of 20 megawatts alternating current (AC), for a total combined maximum capacity of 80 megawatts AC. The subprojects will utilize traditional photovoltaic solar modules and are expected to rotate throughout the day to track the sun. The combined 80 MW of subprojects will be sited across up to roughly 500 acres of existing cleared land and across multiple parcels. The four subprojects may ultimately be broken out, such that four separate permits may be requested from the department, pursuant to this notice.

Contact Information: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Small Renewable Energy (Solar) Project - Isle of Wight

On March 29, 2016, Ecoplexus, Inc. provided notice to the Department of Environmental Quality of its intent to submit the necessary documentation for a permit by rule for a small renewable solar energy project in Isle of Wight County. The project will be located on a 122-acre parcel located at approximately 15562 Scotts Factory Road, Smithfield, Virginia. The parcel is bounded by Scotts Factory Road (SR 620) to the east and is located about 0.4 miles south of the intersection of Scotts Factory Road and US 58. The project will consist of solar modules; the exact number, inverters, service boards, and transformers will be contingent upon final electrical design specifications, with a nameplate generation capacity of 14 megawatts AC. The notice of intended regulatory action will be published in the Virginia Register of Regulations on May 2, 2016.

Contact Information: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Professional and Occupational Regulation conducted a small business impact review of 18VAC120-40, Virginia Professional Boxing and Wrestling Events Regulations, and determined that this regulation should be retained in its current form. The Department of Professional and Occupational Regulation is publishing its report of findings dated March 24, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

1. The current regulations are necessary for the department to comply with § 54.1-831 of the Code of Virginia.

2. Two hundred and nine individual comments were received during the public comment period.

3. The regulations are not complex in nature.

4. The regulations do not overlap, duplicate, or conflict with federal or state laws or regulations but instead work in concert with them.

5. The last periodic review concluded December 2011. The current regulations became effective October 1, 2015.

6. No small business impact has been identified.

Contact Information: Kathleen R. Nosbisch, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, Virginia, 23233, telephone [phone], FAX [phone], or email [e-mail].

STATE WATER CONTROL BOARD

Public Meeting and Public Comment - TMDL for the Lower Chickahominy River Watershed in New Kent, Charles City, and James City Counties

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of total maximum daily loads (TMDLs) for the Lower Chickahominy River Watershed in New Kent, Charles City, and James City Counties. These streams are listed on the § 303(d) TMDL priority list and report as impaired due to violations of the state's water quality standards for bacteria for the recreation use.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the State Water Control Law require the Department of Environmental Quality to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL priority list and report.

Waterbodies identified for TMDL development include the following:

Stream	Impairment	Location
Beaverdam Creek	Recreation Use (bacteria)	New Kent County
XAH-Beaverdam Creek, UT
Diascund Creek		New Kent and James City Counties
Mill Creek		James City County
Barrows Creek		Charles City County
Chickahominy River		Charles City, James City, New Kent Counties
Gordon Creek		James City County

The final public meeting on the development of the TMDL to address the recreation impairment for these segments will be held on Tuesday April 26, 2016, at 1 p.m. at the Charles City County Social Center, 8320 Ruthville Road, Providence Forge, VA 23140. In the case of inclement weather the meeting will be rescheduled for April 27, 2016, at 1 p.m.

A 30-day public comment period will be held to solicit comments on the draft TMDL report. The public comment period will begin April 27 and end May 27, 2016.  The draft TMDL report can be found at http://www.deq.virginia.gov/programs/water/waterqualityinformationtmdls/tmdl/tmdldevelopment/drafttmdlreports.aspx.

An advisory committee to assist in development of this TMDL was convened October 7, 2015, and January 19, 2016.

A component of a TMDL is the wasteload allocation (WLA); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Administrative Process Act for any future adoption of the TMDL WLAs.

Information on the development of the TMDLs for the impairments is available upon request. All written comments include the name, address, and telephone number of the person submitting the comments and should be sent to the Kelley West, 4949-A Cox Road, Glen Allen, VA 23060, telephone [phone], or email [e-mail].

Proposed Enforcement Action for A & R Logistics, Inc.

An enforcement action has been proposed for A & R Logistics, Inc. for alleged violations of the State Water Control Law in Chesapeake, Virginia. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. John Brandt will accept comments by email at [e-mail], FAX at [phone], or postal mail at the Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from April 18, 2016, to May 18, 2016.

Proposed Enforcement Action for the County of Accomack at Wallops Research Park

An enforcement action has been proposed for the County of Accomack for alleged violations of the State Water Control Law at Wallops Research Park. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. John Brandt will accept comments by email at [e-mail], FAX at [phone], or postal mail at the Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from April 18, 2016, to May 18, 2016.

Proposed Enforcement Action for S.B. Ballard Construction Company

An enforcement action has been proposed for S.B. Ballard Construction Company for alleged violations of the State Water Control Law in Norfolk, Virginia. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. John Brandt will accept comments by email at [e-mail], FAX at [phone], or postal mail at the Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from April 18, 2016, to May 18, 2016.

Proposed Enforcement Action for Delmarva Power & Light Company

An enforcement action has been proposed for Delmarva Power & Light Company for alleged violations of the State Water Control Law in Accomack County, Virginia. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. John Brandt will accept comments by email at [e-mail], FAX at [phone], or postal mail at the Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from April 18, 2016, to May 18, 2016.

Proposed Enforcement Action for Enterprise Leasing Company of Norfolk/Richmond, LLC

An enforcement action has been proposed for Enterprise Leasing Company of Norfolk/Richmond, LLC for alleged violations of the State Water Control Law in Chesapeake, Virginia. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. John Brandt will accept comments by email at [e-mail], FAX at [phone], or postal mail at the Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from April 18, 2016, to May 18, 2016.

Notice of Intent to Reauthorize Use of Virginia Aquatic Resources Trust Fund as a Form of Compensatory Mitigation under 9VAC25-210

Pursuant to § 62.1-44.15:20-23 of the Code of Virginia and 9VAC25-210-116 D, the State Water Control Board (the Board) is giving notice of its intent to reauthorize the Virginia Aquatic Resources Trust Fund (VARTF), one of several acceptable forms of compensatory mitigation for permitted impacts to state waters including streams and wetlands, to continue use of its existing program instrument (instrument), after considering public comment for a 30-day period starting April 18, 2016.

The Nature Conservancy (TNC) remains the sponsor of VARTF, an existing in-lieu fee compensatory mitigation program, which has been in operation in the Commonwealth of Virginia since 1995, in accordance with a memorandum of understanding between TNC and the U.S. Army Corps of Engineers (Corps), as amended in 2003. In 2011, the Virginia Department of Environmental Quality (DEQ) participated on a work group with the Corps, TNC, the Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (USFWS), and the National Oceanic and Atmospheric Administration (NOAA) to develop the instrument, bringing VARTF into compliance with the Federal Mitigation Rule (33 CFR 332), which governs compensatory mitigation for activities authorized by Corps permits, as well as Virginia State Water Control Law and DEQ's Virginia Water Protection Permit (VWPP) program.

The purpose of this reauthorization is to maintain guidelines, responsibilities, and standards set forth in 2011 for the establishment, use, operation, and maintenance of VARTF in compliance with State Water Control Law and the VWPP program. The instrument satisfies the requirements set forth by the VWPP program in 9VAC25-210-116 D, including dedication to the achievement of no net loss of wetland acreage and functions or stream functions and water quality benefits; consultation with DEQ on site selection; provision of annual reports detailing projects and contributions by watershed; and a mechanism to establish fee amounts. Additionally, VARTF demonstrates, through annual reports, that its efforts have enhanced wetland acreage and functions or stream functions and water quality benefits, through the preservation, creation, or restoration of wetlands or streams. Lastly, VARTF continues to work in collaboration with the interagency review team for in-lieu fee programs on efforts to advance the VARTF program over time.

The board proposes to reauthorize VARTF to use the instrument, continuing as a compensatory mitigation option for a five-year period ending July 14, 2021. DEQ's approval will remain in effect until July 14, 2021, provided that the conditions of the instrument are met. Approval of VARTF may be made by letter, after accepting and considering public comments on its approval of VARTF for at least a 30-day public comment period.  A copy of this public notice and links to the VARTF program instrument, exhibits, and most recent VARTF annual report are available on the DEQ website wetlands and streams public notice page at http://www.deq.virginia.gov/Programs/Water/WetlandsStreams/PublicNotices.aspx, under the program and regulatory section.  These documents may also be obtained by calling or emailing David L. Davis. Written comments, including those by email, must be received no later than 11:59 p.m. on May 18, 2016, and should be submitted to David L. Davis using the contact information given below. Only those comments received within the comment period will be considered by the board. Written comments shall include the name, address, and telephone number of the person submitting the comment, shall reference "VARTF Reauthorization" in the subject line, and shall contain a complete, concise statement of the factual basis for comments.

Contact Information: David L. Davis, Virginia Department of Environmental Quality, Office of Wetlands and Stream Protection, P.O. Box 1105, Richmond, Virginia 23218, telephone [phone], or email [e-mail].

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North 9th Street, 2nd Floor, Richmond, VA 23219; Telephone: Voice [phone]; Email: [e-mail].

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

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

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