8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 29 Iss. 21 - June 17, 2013

GENERAL NOTICES/ERRATA

STATE AIR POLLUTION CONTROL BOARD

Proposed State Implementation Plan Revision - Ambient Air Quality Standards

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 the 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 9VAC5-30, Ambient Air Quality Standards (Rev. B13).

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 17, 2013, to July 17, 2013.

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 (§ 2.2-4006 et seq.) 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 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 will consist of amendments to an existing regulation concerning ambient air quality standards. On January 15, 2013 (78 FR 3086), EPA revised the National Ambient Air Quality Standard (NAAQS) for fine particulate (PM_2.5). The annual arithmetic mean concentration has been set at 12 µg/m³, and the standard for the 24-hour concentration is being retained at 35 µg/m³. 9VAC5-30 contains the specific criteria pollutant standards set out in 40 CFR Part 50. Therefore, this chapter is the action effectively implementing the EPA requirements and must be revised accordingly.

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. DEQ plans 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: 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],

2) Southwest Regional Office, 355-A 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, 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].

Proposed State Implementation Plan Revision - Definition of Regulated NSR Pollutant

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 Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas, Article 8 (9VAC5-80-1605 et seq.) of Part II of 9VAC5-80 (Permits for Stationary Sources).

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 17, 2013, to July 17, 2013.

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 (§ 2.2-4006 et seq.) of the Administrative Process Act by the provisions of § 2.2-4006 A 3 and 4 c of the Administrative Process Act because they consist of the correction of a technical error and 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 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 will consist of amendments to an existing regulation concerning major new source review (NSR) for prevention of significant deterioration (PSD) areas. On October 25, 2012 (77 FR 65107), EPA promulgated final amendments revising the NSR permitting program for PSD areas. The amendments revise the definition of "regulated NSR pollutant" to remove the term "particulate matter emissions" from the requirement to include the condensable particulate matter fraction. "Particulate matter emissions" refers to the non-criteria indicator for particulate matter (PM) that is regulated under various new source performance standards (NSPSs), using EPA Method 5 for the compliance test. EPA has determined that only PM₁₀ and PM_2.5-indicators of PM used for the national ambient air quality standards may include condensable PM, unless a specific NSPS or applicable implementation plan otherwise requires the condensable portion to be included. In Virginia, where the state is administering the NSR program under an approved SIP, the state may adopt and submit revisions to the SIP to reflect the rule revisions. The revised SIP should be the same as or equivalent to the revised federal program. Additionally, a regulatory citation is being corrected.

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. DEQ plans 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: 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],

2) Southwest Regional Office, 355-A 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, 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].

STATE CORPORATION COMMISSION

AT RICHMOND, MAY 22, 2013

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. PUE-2013-00045

Concerning the establishment of a renewable energy
pilot program for third party power purchase agreements

ORDER PROPOSING GUIDELINES

On March 14, 2013, the Virginia General Assembly approved Chapter 382 of the Virginia Acts of Assembly ("Chapter 382"), requiring the State Corporation Commission ("Commission") to conduct a renewable energy pilot program for third party power purchase agreements and to establish certain guidelines regarding its implementation. Chapter 382 specifically provides that the Commission must establish guidelines concerning (i) information to be provided in written notices and (ii) procedures for collecting and posting information derived from such notices on the Commission's website. In addition, the Commission may establish general guidelines for its administration of the pilot program.

As set forth in Chapter 382, parties who wish to enter into a power purchase agreement under the pilot program must provide written notice to the Commission and to the pilot utility of the parties' intent to enter into such agreement not less than thirty days before the effective date of such agreement. Pursuant to Chapter 382, the Commission must establish guidelines concerning the information to be included in the provision of such written notice. In addition, the Commission must establish guidelines concerning the procedures for aggregating and posting the information included in such written notices on the Commission's website. This information must include the total capacity utilized by pilot projects for which notice has been received and the capacity remaining available for future pilot projects. Finally, the Commission may adopt such rules or establish such guidelines as may be necessary for its general administration of the pilot program.

The Commission Staff ("Staff") has prepared proposed guidelines in accordance with Chapter 382. A draft of these proposed guidelines is attached to this Order for review and comment by interested persons. Each third party power purchase agreement established pursuant to the pilot program should be in accordance with these guidelines, once established by further Commission order, and should be in compliance with the statutory directives set forth by the General Assembly. The Commission will review comments on the proposed guidelines from interested persons before formally establishing Commission guidelines pursuant to Chapter 382. Comments on the proposed guidelines may be filed in this proceeding within thirty days from the date of this Order.

In order to promote broad dissemination of the proposed guidelines, we direct the Commission's Division of Energy Regulation to provide copies of this Order and the proposed guidelines by electronic transmission or by mail to individuals, organizations, and companies identified by Staff as potentially having an interest in this proceeding.

Accordingly, IT IS ORDERED THAT:

(1) This matter is docketed and assigned Case No. PUE-2013-00045.

(2) Comments on the proposed guidelines shall be filed on or before thirty (30) days from the date of this Order. Interested persons wishing to comment or propose modifications or supplements to the proposed guidelines shall file an original and fifteen (15) copies of such comments or proposals with Joel H. Peck, Clerk, State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218. Interested persons desiring to submit comments or proposals electronically may do so by following the instructions on the Commission's website: http://www.scc.virginia.gov/case.

(3) The Commission's Division of Information Resources shall make a downloadable version of the proposed guidelines available to the public at the Commission's website: http://www.scc.virginia.gov/case. The Clerk of the Commission shall make a copy of the proposed guidelines available, free of charge, in response to any written request for one.

(4) The Commission's Division of Energy Regulation shall transmit electronically or by mail a copy of this Order and proposed guidelines to individuals, organizations, and companies identified by Staff as potentially having an interest in this proceeding.

(5) This matter is continued generally for further orders of the Commission.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to: Senator John Edwards, P.O. Box 1179, Roanoke, Virginia 24006-1179; Delegate David Yancey, P.O. Box 1163, Newport News, Virginia 23601; Department of Environmental Quality, 629 East Main Street, Richmond, Virginia 23219; and C. Meade Browder, Jr., Senior Assistant Attorney General, Division of Consumer Counsel, Office of the Attorney General, 900 East Main Street, Second Floor, Richmond, Virginia 23219. A copy shall be delivered to the Commission's Office of General Counsel and Division of Energy Regulation.

PROPOSED GUIDELINES REGARDING NOTICE INFORMATION FOR A THIRD PARTY RENEWABLE POWER PURCHASE AGREEMENT

A. Purpose.

The Commission is establishing these guidelines pursuant to Chapter 382 of the 2013 Virginia Acts of Assembly ("Chapter 382") regarding a pilot program for third party power purchase agreements for renewable generation. Chapter 382 specifically provides that the State Corporation Commission ("Commission") must establish guidelines concerning (i) information to be provided in written notices and (ii) procedures for collecting and posting information derived from such notices on the Commission's website. In addition, the Commission may establish general guidelines for its administration of the pilot program.

B. Applicability.

These guidelines are applicable to any owner or operator of a solar-powered or wind-powered electricity generation facility (referred to herein as "owner-operator") located on premises owned or leased by an eligible customer-generator, as defined in § 56-594 of the Code of Virginia, within the service territory of Dominion Virginia Power ("DVP"). Such a facility shall have a generation capacity of 50 kW to 1 MW and shall provide electricity to only one customer. The owner-operator shall be permitted to sell the electricity generated from such facility exclusively to such eligible customer-generator under a power purchase agreement used to provide third party financing of the costs of such a renewable generation facility. The owner-operator also may be subject to requirements of its local governing body and the Virginia Department of Environmental Quality.

C. Filing of Notice.

Parties who wish to enter into a third party power purchase agreement under the pilot program must provide written notice to the Commission and to DVP of the parties' intent to enter into such agreement not less than thirty days before the effective date of such agreement.

D. Contents of Filing.

The owner-operator shall provide written notice to the Commission and DVP not less than thirty days before the effective date of such agreement and shall include the following information:

• Identity of the owner or operator of the facility.

• Identity of the eligible customer-generator.

• Location of the premise upon which the facility will be installed.

• Renewable source of the facility.

• Size of the facility.

• Expected date of operation of the facility.

• Duration of the third party purchase agreement.

E. Posting and Tracking.

Within three days of receiving a written notice of intent, the Commission will post to its website the cumulative amount of solar-powered and wind-powered generation capacity associated with the notice of intent. Within three days of the commercial operation of such facility, the owner-operator shall provide written notification of such commercial operation to the Commission and DVP. Within three days of receiving such written notice of commercial operation, the Commission will post to its website the cumulative amount of installed solar-powered and wind-powered generation capacity. Simultaneously, the capacity remaining available for future pilot projects also will be posted. The owner-generator also shall provide written notice to the Commission and DVP of any change in the generating capacity of the facility or in the parties to the third party power purchase agreement within three days of any such change.

VIRGINIA EMPLOYMENT COMMISSION

Periodic and Small Business Impact Review for Regulations Adopted by the Virginia Employment Commission Before July 1, 2005; Published Report of Findings

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Virginia Employment Commission has conducted a periodic review of:

16VAC5-10, Definitions and General Provisions

16VAC5-20, Unemployment Taxes

16VAC5-32, Required Records and Reports

16VAC5-42, Combined Employer Accounts

16VAC5-50, Employer Elections to Cover Multistate Workers

16VAC5-60, Benefits

16VAC5-70, Interstate and Multistate Claimants

16VAC5-80, Adjudication

The commission has determined that these regulations should be continued without change, amendment, or repeal, consistent with the stated objectives of applicable law (Title 60.2 of the Code of Virginia, the Virginia Unemployment Compensation Act (Act)), as the regulations (i) are necessary for the protection of public health, safety, and welfare or for the economical performance of important government functions; (ii) minimize the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) are clearly written and easily understandable.

While the Commission has carefully considered the one public comment provided, it has determined that these particular regulations should be continued without change, amendment, or repeal. The Commission reached this determination after careful consideration of the proposed comment in light of the fundamental purpose of the Virginia Unemployment Compensation Act, the agency's statutory mandate, the rationale for the General Assembly's addition of the "subsequent employing unit" provision to the statute, and the 2011 Integrity Act amendments to the Federal Unemployment Tax Act. Any change in notice requirements, such as those proposed, which could have the effect of discouraging or suppressing the rate of participation by subsequent employers in the unemployment insurance (UI) claims adjudication process, administered under Article 5 (§ 60.2-619 et seq.) of Chapter 6 of the Act, could result in erroneous or improper payment of UI benefits to claimants who might otherwise not qualify for such benefits. That result would be inconsistent with the purpose of the Act and the Commission's statutory duties.

The primary purpose of the Act is to provide temporary income replacement to otherwise eligible individuals who are unemployed through no fault of their own. Ford Motor Co. v. Unemployment Compensation Commission, 191 Va. 812, 63 S.E. 2d 28 (1951). Moreover, the General Assembly has mandated that the Commission maintain a solvent trust fund to pay benefits to those eligible individuals who are involuntarily unemployed. See § 60.2-113 of the Code of Virginia. To help ensure that benefits were paid only to individuals who were unemployed through no fault of their own, the General Assembly amended the provisions of §§ 60.2-618 and 60.2-619 of the Code of Virginia to require the Commission to give notice of a claim to employers for whom a claimant worked less than 30 days prior to filing a claim and to determine a claimant's qualification for benefits based on any separation from work from such employer, designated in the statute as a "subsequent employing unit." The General Assembly became aware of situations under the former law where an individual was laid off from his liable employer, went to work for another employer for less than 30 days, and was then discharged for an act of misconduct such as stealing. Prior to the enactment of the "subsequent employing unit" provisions, the Commission had no statutory authority to address any separation from work other than from an employer for whom the claimant worked at least 30 days.

In 2011, Congress amended the provisions of the Federal Unemployment Tax Act to require all states to amend their laws in certain ways to reduce the amount of erroneous payments of unemployment compensation. One of those changes required states to adopt laws that penalized employers for failing to respond adequately or promptly to a written request for information. Under the conforming law passed by the General Assembly in 2013 (Senate Bill 775), an employer would be subject to penalty if it failed to promptly or adequately respond to a written request for information four times in a four-year period. The penalties include a $75 assessment on the third offense and charges to their tax accounts after the fourth such incident. If the proposed change was adopted, the Commission could be viewed as discouraging employers from participating in the claims process if such employer did not have a direct pecuniary interest in the outcome and subsequently penalize the employer for not providing prompt or adequate information about the claim.

Any UI benefits paid by the Commission must be recouped from employers covered by the Act by direct charges to respective employer accounts, or indirect charges through pool cost and building fund charges. Discouraging subsequent employers, who have information on the qualification of a claimant for benefits, from participating in this process could likely increase the risk of improper payment of UI benefits. This would result in attendant charge(s) to the liable employer, i.e., the last 30 day/240 hour employer. The resulting charge from such lack of participation by subsequent employers could not only increase the tax rate of the specific liable employer charged, but could also increase the tax rate across the board for all employers in the Commonwealth who pay into the Unemployment Compensation Fund ("Trust Fund") by reducing the overall solvency of the Trust Fund. A tax increase, whether direct or indirect, due to an increase in improper payments would be inconsistent with the Commission's statutory mandate and contrary to the best interests of the Commonwealth.

Granted, the most recent public comment, with its attendant proposed notice modifications, seeks to cure the agency's prior objection to past, similar such public comment to avoid misleading certain subsequent employers about their nonliability for direct benefit charges. For example, dollar for dollar reimbursable employers, mostly government entities and certain non-profit organizations, could in some circumstances, depending upon the base period [wage] calculations for certain claimants, incur a direct charge to their employer tax account, even when such employers have been joined as a subsequent employing unit to a claim filed. While the proposed changes to the notice provisions contained in the most recent public comment attempt to make these dollar for dollar reimbursable employers more aware of such direct charge circumstances, it does not change the fact that such proposal could actually increase the tax burden or claims cost for businesses/employers covered by the Act. While the most recent public comment has suggested some further notice revisions to better apprise dollar for dollar subsequent employers of this fact, the Commission must reiterate that the proposed notice revisions do not change the fact that they could still result in increased improper payments and an increased tax burden on employers covered by the Act.

In conclusion, the Commission has conducted its periodic review of its regulations in a manner consistent with the stated objectives of applicable law. The Commission finds the regulations (i) are necessary for the protection of public health, safety, and welfare or for the economical performance of important government functions; (ii) minimize the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) are clearly written and easily understandable.

Contact Information: Coleman Walsh, Chief Administrative Law Judge, 703 East Main Street, Room 126, Richmond, VA 23219, telephone (804) 786-7263, FAX [phone], or email [e-mail].

DEPARTMENT OF ENVIRONMENTAL QUALITY

Public Meetings for Draft Water Quality Restoration Study and Implementation Planning for the James River and Tributaries Impaired for Bacteria

Public meeting: Charles City Government School Board Administration Building Auditorium, 10900 Courthouse Road, Charles City, VA 23030. Public meetings will be held on Wednesday, June 26, 2013, at 2 p.m. and 6 p.m. Both meetings are open to the public. Meetings will cover the same content.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) is announcing a draft total maximum daily load (TMDL) study to restore water quality and the initiation of the Implementation Plan (IP) for the James River and tributaries in Henrico, Prince George, Charles City, and Surry counties.

Meeting description: Public meetings provide an opportunity for the public to share their knowledge of the watershed and learn about pollution affecting community waters. Meetings will feature a summary of information from the draft TMDL, including watershed land use, water quality monitoring, suspected sources of bacteria, and the reduction of source bacteria required to meet water quality standards. It will feature an introduction to Implementation Planning (IP) for the watershed.  Those attending the meeting are invited to ask questions, contribute their knowledge of the watershed, and participate in the working groups as part of the IP phase.

Description of study: Virginia agencies have been working to identify sources of bacteria in the James River and its tributaries:

Stream	County/City	Length (mi.)	Impairment
Crewes Channel	Henrico	3.19	Bacteria (Primary Contact / Swimming Use)
Western Run	Henrico	1.85
West Run	Charles City	1.86
Wards Creek	Prince George	8.47
Upper Chippokes Creek	Prince George, Surry	5.61
James River (mainstem)	Prince George, Charles City, Surry	3.76 (sq. miles)

These streams are impaired for failure to meet the Primary Contact (Recreational or Swimming) designated use, due to high concentrations of bacteria. The study reports on the sources of bacteria and recommends total maximum daily loads, or TMDLs, for 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, bacterial levels need to be reduced to the TMDL amount. The draft TMDL report will be available at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx approximately one week prior to the meeting for review. The Implementation Planning (IP) phase utilizes the source information and reductions identified in the TMDL to devise one scenario of watershed measures, or best management practices (BMPs). BMPs can be implemented throughout the watershed in order to meet the TMDL bacteria reduction goals. The IP phase requires the participation of watershed stakeholders at working group meetings to evaluate BMPs for the watershed. A steering committee, made up of working group members, is designated to guide the process.

How a decision is made: After the public meeting and all public comments have been considered and addressed, DEQ will submit the final TMDL report to the U.S. Environmental Protection Agency and the State Water Control Board for approval. When the IP is complete following working group and steering committee meetings and a final public meeting and comment period, the document will be sent to the State Water Control Board for approval.

How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include name, address, and telephone number and be received by DEQ during the comment period, which will begin Thursday, June 27, 2013, and end Monday, July 29, 2013.

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

STATE BOARD OF HEALTH

Notice of Periodic 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 Board of Health is conducting a periodic review of 12VAC5-218, Rules and Regulations Governing Outpatient Health Data Reporting.

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 June 17, 2013, and ends July 17, 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 Debbie Condrey, CIO and Director of the Office of Information Management and Health IT, State Board of Health, 109 Governor Street, Richmond, VA 23219, telephone [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.

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 16, 2013. 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.

Director's Order Number Twenty-Seven (13)

Virginia's Instant Game Lottery 1417 "Millions To The Max" Final Rules for Game Operation (effective April 5, 2013)

Director's Order Number Twenty-Eight (13)

Virginia Lottery's "Cornhole Cash^TM 2nd Chance Sweepstakes" Final Requirements for Operation (effective May 8, 2013)

Director's Order Number Thirty (13)

Virginia's Instant Game Lottery 1430 "Cornhole Cash^TM" Final Rules for Game Operation (effective May 8, 2013)

Director's Order Number Thirty-Eight (13)

Virginia Lottery's "Play For Keeps Sweeps" Sweepstakes Final Requirements for Operation (effective nunc pro tunc to April 17, 2013, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number Thirty-Nine (13)

Virginia Lottery's "Frisbee^® 2nd Chance Sweepstakes" Final Requirements for Operation (effective May 14, 2013)

Director's Order Number Forty (13)

Virginia Lottery's "Skee-Ball^® 2nd Chance Sweepstakes" Final Requirements for Operation (effective May 14, 2013)

Director's Order Number Forty-One (13)

Virginia's Instant Game Lottery 1424 "Skee-Ball^®" Final Rules for Game Operation (effective May 8, 2013)

Director's Order Number Forty-Two (13)

Virginia's Instant Game Lottery 1422 "Frisbee^®" Final Rules for Game Operation (effective May 8, 2013)

* * *

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on May 16, 2013.

Director's Order Number Thirty-Six (13)

Certain Virginia Instant Game Lotteries; End of Games.

In accordance with the authority granted by §§ 2.2-4002 B 15 and 58.1-4006 A of the Code of Virginia, I hereby give notice that the following Virginia Lottery instant games will officially end at midnight on April 5, 2013.

Game 1175	Quick $100's
Game 1177	Quick Silver
Game 1223	Lucky Bucks Doubler
Game 1309	In the Chips
Game 1314	Triple 777 (TOP)
Game 1315	Lucky Gold
Game 1332	Bonus Cashword (TOP)
Game 1334	Quick Bucks
Game 1344	Win it All (TOP)
Game 1348	Some Like it Hot
Game 1358	Ice Chest
Game 1361	Grab Bag Bucks
Game 1371	Redskins

The last day for lottery retailers to return for credit unsold tickets from any of these games will be May 10, 2013. The last day to redeem winning tickets for any of these games will be October 2, 2013, 180 days from the declared official end of the game. Claims for winning tickets from any of these games will not be accepted after that date. Claims that are mailed and received in an envelope bearing a postmark of the United States Postal Service or another sovereign nation of October 2, 2013, or earlier, will be deemed to have been received on time. This notice amplifies and conforms to the duly adopted State Lottery Board regulations for the conduct of lottery games.

This order is available for inspection and copying during normal business hours at the Virginia Lottery headquarters, 900 East Main Street, Richmond, Virginia, and at any Virginia Lottery regional office. A copy may be requested by mail by writing to Director's Office, Virginia Lottery, 900 East Main Street, Richmond, Virginia 23219.

This Director's Order is effective on the date of its signing and shall remain in full force and effect unless amended or rescinded by further Director's Order.

/s/ Paula I. Otto
Executive Director
April 5, 2013

Director's Order Number Thirty-Seven (13)

Certain Virginia Game Sweepstakes; End of Sweepstakes

In accordance with the authority granted by §§ 2.2-4002 B 15 and 58.1-4006 A of the Code of Virginia, I hereby give notice that the following Virginia Lottery sweepstakes will officially end at midnight on Tuesday, April 16, 2013.

Virginia Lottery's "Play for Keeps Sweeps"
Sweepstakes (18) 13

This order is available for inspection and copying during normal business hours at the Virginia Lottery headquarters, 900 East Main Street, Richmond, Virginia, and at any Virginia Lottery regional office. A copy may be requested by mail by writing to: Director's Office, Virginia Lottery, 900 East Main Street, Richmond, Virginia 23219.

This Director's Order is effective nunc pro tunc to April 16, 2013, and shall remain in full force and effect unless amended or rescinded by further Director's Order.

/s/ Paula I. Otto
Executive Director
April 22, 2013

BOARD OF MEDICAL ASSISTANCE SERVICES

Institutions for Mental Disease Reimbursement Changes - Notice of Intent to Amend the Virginia State Plan for Medical Assistance (pursuant to § 1902(a)(13) of the Act (USC § 1396a(a)(13)))

The Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to amend the Virginia State Plan for Medical Assistance to provide for changes to the rules governing reimbursement for services furnished to individuals under age 21 who reside in institutions for mental disease (IMDs), which are inpatient psychiatric facilities such as private and state freestanding psychiatric hospitals and residential treatment facilities (Level C). The U.S. Court of Appeals issued a final decision on May 8, 2012, regarding reimbursement for these services that compels this regulatory action by the department.

In response to the court decision and in accordance with CMS guidance, DMAS is changing the relevant regulations to permit separate billing for ancillary services for individuals under age 21 residing in an IMD only when the IMD (i) arranges for and oversees the provision of all ancillary services, including ancillary services furnished through contracted or employed Medicaid providers; (ii) maintains medical records of care furnished to the individual; and (iii) ensures that all services are furnished under the direction of a physician. Allowable ancillary services will vary by provider type.

DMAS will continue to enforce the requirement that IMD individuals' plans of care be comprehensive, covering medical, psychological, social, behavioral, and developmental needs (including emergency services). In addition, DMAS will require IMDs to: (i) use contracted or employed Medicaid providers for ancillary services furnished to individuals under age 21 residing in the IMD; (ii) make referrals to these contracted and employed Medicaid providers; and (iii) obtain and maintain medical records from all ancillary service providers that are not covered by the per diem.

DMAS has established detailed guidance on exactly how and when the IMDs must update plans of care, establish contracts, make referrals, and obtain medical records. If these requirements are not met, DMAS has established detailed criteria for audits and retractions of paid claims.

There will be no change to annual expenditures.

DMAS is submitting an emergency regulation, pursuant to § 2.2-4011 of the Code of Virginia, to the Governor for approval. Pending the Governor's approval, DMAS will provide copies of said emergency regulations to all requesters. Please forward a written request to the Regulatory Coordinator, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA, 23219. Further information is also available at www.townhall.virginia.gov.

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].

VIRGINIA CODE COMMISSION

Code of Virginia Title Recodifications

The Virginia Code Commission, which is responsible for publishing and maintaining the Code of Virginia, is considering placing Title 23, Educational Institutions, on its work plan as the commission's next recodification project to begin in 2014, followed by Title 36, Housing, in 2016. Neither title has been recodified since its enactment as part of the current Code of Virginia of 1950.

Generally, the commission selects a title to recodify based on the need to logically reorganize content, modernize language, and reflect current Code of Virginia style and numbering schemes. To the extent practical, the commission avoids making substantive changes to the statutory text. In the event a substantive change is made, the change is highlighted and explained in the final report.

Other titles presented as recodification candidates in the future include Titles 8.01 (Civil Remedies and Procedure), 22.1 (Education), 40.1 (Labor and Employment), 45.1 (Mines and Mining), and 55 (Property and Conveyances).

The commission is currently working on Title 33.1, Highways, Bridges and Ferries, assisted by an advisory panel of practitioners experienced in this area. Work on proposed Title 33.2, Highways and Other Surface Transportation Systems, is expected to be finalized by the end of 2013 with resulting legislation introduced at the 2014 Session of the General Assembly. More information on title recodifications can be found on the commission's website: http://codecommission.dls.virginia.gov/title_33_1.shtml.

Send comments to Jane Chaffin at [e-mail] or General Assembly Building, 2nd Floor, 201 North Ninth Street, Richmond, VA 23219, by June 18, 2013.

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/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.

ERRATA

STATE BOARD OF SOCIAL SERVICES

Title of Regulation: 22VAC40-880, Child Support Enforcement Program.

Publication: 27:24 VA.R. 2580 August 1, 2011.

Correction to Notice of Intended Regulatory Action:

Page 2580, column 1, 22VAC40-880, paragraph 2 (public hearing). The notice incorrectly indicated that the agency intended to hold a public hearing on the proposed action after publication in the Virginia Register. In addition to submitting comments through the U.S. mail, email, and the Virginia Regulatory Town Hall public comment forum, the public is welcome to provide comments at regularly scheduled State Board of Social Services' meetings during the public comment portion of the agendas.

VA.R. Doc. No. R11-2892; Filed May 29, 2013, 11:43 a.m.

STATE CORPORATION COMMISSION

Title of Regulation: 24VAC15-10. Standards and Procedures Governing Intrastate Rail Rates in Virginia.

Publication: 29:20 VA.R. 2516 June 3, 2013

Correction to Final Regulation:

Page 2516, at the end of the regulation add:

VA.R. Doc. No. R13-3579: Filed May 7, 2013, 12:13 p.m.