8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 30 Iss. 21 - June 16, 2014

GENERAL NOTICES/ERRATA

STATE AIR POLLUTION CONTROL BOARD

Proposed State Implementation Plan Revision - Revision A14

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed revision to the Commonwealth of Virginia State Implementation Plan (SIP). The SIP is a plan developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act. The Commonwealth intends to submit the regulation to EPA as a revision to the SIP in accordance with the requirements of § 110(a) of the federal Clean Air Act.

Regulations affected: The regulation of the board affected by this action is Article 8 (Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas) of 9VAC5-80 (Permits for Stationary Sources), Revision A14.

Purpose of notice: DEQ is seeking comment on the issue of whether the regulation amendments should be submitted as a revision to the SIP.

Public comment period: June 16, 2014, to July 16, 2014.

Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed below. In order to be considered, the request must include the full name, address, and telephone number of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be conducted.

Public comment stage: The regulation amendments are exempt from the state administrative procedures for adoption of regulations contained in Article 2 of the Administrative Process Act by the provisions of § 2.2-4006 A 4 c of the Administrative Process Act because they are necessary to meet the requirements of the federal Clean Air Act and do not differ materially from the pertinent EPA regulations. Since the amendments have been adopted and are exempt from administrative procedures for the adoption of regulations, DEQ is accepting comment only on the issue cited above under "purpose of notice" and not on the content of the regulation amendments.

Description of proposal: The proposed revision consists of modifying provisions in the prevention of significant deterioration (PSD) new source review regulation relative to significant impact levels (SILs) and a significant monitoring concentration (SMC) for particulate matter less than 2.5 micrometers (PM_2.5). On January 22, 2013, the United States Court of Appeals for the District of Columbia Circuit granted a request from the EPA to vacate and remand to EPA portions of the PSD new source review regulations establishing the SILs for PM_2.5. The court further vacated the portions of the PSD regulations establishing a PM_2.5 SMC. EPA modified its regulations accordingly on December 9, 2013, (78 FR 73698). In Virginia, where the state administers the NSR program under an approved SIP, the state must adopt and submit revisions to the SIP to reflect the rule revisions.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law. The proposal will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to the SIP.

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 by the last day of the comment period. All materials received are part of the public record.

To review regulation documents: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website at http://www.deq.state.va.us/Programs/Air/PublicNotices/airplansandprograms.aspx. The documents may also be obtained by contacting the DEQ representative listed 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, 8th Floor, 629 East Main Street, Richmond, VA, telephone [phone],

2) Southwest Regional Office, 355 Deadmore Street, Abingdon, VA, telephone [phone],

3) Blue Ridge Regional Office, Roanoke Location, 3019 Peters Creek Road, Roanoke, VA, telephone [phone],

4) Blue Ridge Regional Office, Lynchburg Location, 7705 Timberlake Road, Lynchburg, VA, telephone [phone],

5) Valley Regional Office, 4411 Early Road, Harrisonburg, VA, telephone [phone],

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

7) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone [phone], and

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

Contact Information: Karen G. Sabasteanski, 629 East Main Street, P.O. Box 1105, Richmond, VA 232118, telephone [phone], FAX (804) 698-4510, or email [e-mail].

STATE BOARD OF EDUCATION

Additional Public Comment Period Regarding Revisions to Amending the Regulations Governing Driver Education and Repealing the Regulations Governing the Approval of Correspondence Courses for Home Instruction (Final Stage)

The Board of Education is in the final stage of amending the Regulations Governing Driver Education (8VAC20-340) and repealing the Regulations Governing the Approval of Correspondence Courses for Home Instruction (8VAC20-60).

The 2008 General Assembly adopted amendments that eliminated the requirement for the Superintendent of Public Instruction to approve correspondence courses for parents who homeschool their children. However, the Code of Virginia still requires that the Board of Education approve driver education correspondence courses for parents who homeschool their children. As a result of this action by the General Assembly, the Regulations Governing the Approval of Correspondence Courses for Home Instruction are no longer necessary, and the board proposed to move provisions about driver education correspondence courses to the Regulations Governing Driver Education. The board received no public comment on the proposed regulatory action.

However, during the executive review process, the board was advised that changes were needed regarding due process if a correspondence school's application is denied, or if the approval is revoked for good cause. The proposed amendments make changes to the due process provisions. Instead of a fact-finding conference and a hearing before a hearing officer, the amendments would provide for the Board of Education to review and reconsider the decision. To view the proposed amendments, please see http://www.doe.virginia.gov/boe/meetings/2014/05_may/agenda_items/item_h.pdf.

As the proposed changes are substantive, public comment is being sought through June 30, 2014. The board plans to take final action of the regulatory action at its July 24, 2014, meeting. For questions about this regulatory action, please contact the Department of Education's policy office at [e-mail] or [phone]. Comments may be submitted to [e-mail] or Virginia Board of Education, P.O. Box 2120, Richmond, VA 23218.

Contact Information: Melissa Luchau, Director for Board Relations, State Board of Education, P.O. Box 2120, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

STATE BOARD OF HEALTH

Periodic and Small Business Impact Review

Pursuant to Executive Order 14 (2010), §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, and Executive Directive ED-01 (May 12, 2014) the Board of Health is conducting a periodic review and small business impact review of 12VAC5-412, Regulations for the Licensure of Abortion Facilities.

The review of this regulation will be guided by the principles in Executive Order 14 (2010). http://dpb.virginia.gov/regs/eo14.pdf. 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 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 June 16, 2014, and ends July 31, 2014.

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 Erik Bodin, Director, Virginia Department of Health, Office of Licensure and Certification, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, 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.

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on May 22, 2014. 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, 201 North 9th Street, 2nd Floor, Richmond, VA.

Director's Order Number Fifty-Three (14)

Virginia's Instant Game Lottery 1462 "Blackjack" Final Rules for Game Operation (effective April 22, 2014)

Director's Order Number Fifty-Four (14)

Virginia's Instant Game Lottery 1478 "$5,000,000 Cash Blowout!" Final Rules for Game Operation (effective April 22, 2014)

Director's Order Number Fifty-Five (14)

Virginia's Instant Game Lottery 1481 "Extreme 13" Final Rules for Game Operation (effective May 9, 2014)

Director's Order Number Fifty-Seven (14)

Virginia's Instant Game Lottery 1482 "5X the Money" Final Rules for Game Operation (effective May 9, 2014)

Director's Order Number Fifty-Nine (14)

Virginia Lottery's "Rev Up for RIR" Final Rules for Operation (This Director's Order becomes effective on Friday, April 25, 2014, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number Sixty (14)

Virginia Lottery's "RIR Torque Club Ticket Giveaway" Promotion Final Rules for Operation (This Director's Order becomes effective on Friday, April 25, 2014, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number Sixty-Four (14)

Virginia Lottery's "We're Game Promotion" Final Rules for Operation (This Director's Order becomes effective on Tuesday, June 3, 2014, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number Sixty-Six (14)

"Mega Power Grocery Sweepstakes Promotion" Virginia Lottery Final Rules for Game Operation (This Director's Order amends and replaces Director's Order Three (14) and is effective on Sunday, June 1, 2014. This Director's Order shall remain in full force and effect, unless amended or rescinded by further Director's Order.)

Director's Order Number Sixty-Eight (14)

Virginia Lottery's "Epic Vegas Jackpot" Promotion Final Rules for Game Operation (This Director's Order amends and replaces Director's Order Thirty-Six (14) and is effective nunc pro tunc to Tuesday, April 8, 2014. This Director's Order shall remain in full force and effect unless amended or rescinded by further Director's Order.)

Director's Order Number Seventy (14)

Virginia Lottery's "Epic Vegas Scratcher" Promotion Final Rules for Game Operation (This Director's Order amends and replaces Director's Order Number Forty-Two (14) and is effective nunc pro tunc to Tuesday, April 8, 2014. This Director's Order shall remain in full force and effect unless amended or rescinded by further Director's Order.)

Director's Order Number Seventy-One (14)

Virginia's Instant Game Lottery 1495 "We're Game" Final Rules for Game Operation (effective May 12, 2014)

Director's Order Number Seventy-Two (14)

Virginia's Instant Game Lottery 1497 "All About The Benjamins" Final Rules for Game Operation (effective May 12, 2014)

Director's Order Number Seventy-Three (14)

Virginia's Instant Game Lottery 1486 "Find the 9's" Final Rules for Game Operation (effective May 12, 2014)

Director's Order Number Seventy-Four (14)

Virginia's Instant Game Lottery 1485 "7-11-21®" Final Rules for Game Operation (effective May 12, 2014)

Director's Order Number Seventy-Five (14)

Virginia's Instant Game Lottery 1489 "Big Winning Numbers" Final Rules for Game Operation (effective May 14, 2014)

Director's Order Number Seventy-Six (14)

This order rescinds Director's Order Number Fifty-Six (14): "On a Roll!" Final Rules for Game Operation (effective May 14, 2014)

Director's Order Number Seventy-Seven (14)

Virginia's Instant Game Lottery 1476 "High Voltage" Final Rules for Game Operation (This Director's Order amends and replaces Director's Order Number Sixty-Two (14) and is effective nunc pro tunc to Tuesday, May 6, 2014. This Director's Order shall remain in full force and effect unless amended or rescinded by further Director's Order.)

Director's Order Number Seventy-Eight (14)

Virginia's Instant Game Lottery 1406 "Double Deuces" Final Rules for Game Operation (This Director's Order amends and replaces Director's Order Number Sixty-One (14) and is effective nunc pro tunc to Tuesday, May 6, 2014. This Director's Order shall remain in full force and effect unless amended or rescinded by further Director's Order.)

STATE BOARD OF SOCIAL SERVICES

Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services is conducting a periodic review and small business impact review of 22VAC40-400, Funding Limitations for the Refugee Resettlement Program.

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 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 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 June 16, 2014, and ends July 7, 2014.

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 Penelope Boyd, Refugee Program Consultant, 801 East Main Street, Richmond, VA 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.

STATE WATER CONTROL BOARD

Proposed Enforcement Action for Riggins Company, L.C.

An enforcement action has been proposed for Riggins Company, L.C., Hampton, Virginia, for alleged violations of the State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Mr. Robin Schuhmann will accept comments by email at [e-mail], FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from June 16, 2014, through July 16, 2014.

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/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.