8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 31 Iss. 22 - June 29, 2015

GENERAL NOTICES/ERRATA

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

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 Agriculture and Consumer Services is currently reviewing each of the regulations listed below to determine whether the regulation should be repealed, amended, or retained in its current form. The review of each regulation will be guided by the principles in Executive Order 17 (2014). Public comment is sought on the review of any issue relating to each 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.

2VAC5-501, Regulations Governing the Cooling, Storing, Sampling and Transporting of Milk

2VAC5-510, Rules and Regulations Governing the Production, Processing, and Sale of Ice Cream, Frozen Desserts, and Similar Products

The comment period begins June 29, 2015, and ends July 20, 2015.

Agency Contact: Robert Trimmer, Dairy Services Program Supervisor, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, 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

DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Virginia Center for Behavioral Rehabilitation Variance Approval

Title of Regulation: 12VAC35-115. Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services.

Statutory Authority: § 37.2-400 of the Code of Virginia.

Nature of Action: The Department of Behavioral Health and Developmental Services (DBHDS) sought comment on the applications submitted by the DBHDS Virginia Center for Behavioral Rehabilitation for proposed renewal of existing variances to the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115).

Agency Decision: The State Human Rights Committee voted on April 17, 2015, to approve the applications for variances from certain requirements of the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115).

Contact Information: Deborah Lochart, Director, Office of Human Rights, Department of Behavioral Health and Developmental Services, 1220 East Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone [phone], FAX [phone], or email [e-mail].

STATE CORPORATION COMMISSION

Bureau of Insurance

AT RICHMOND, JUNE 3, 2015

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. INS-2015-00022

Ex Parte: In the matter of adoption of
adjusted prima facie rates for credit life
and credit accident and sickness insurance
pursuant to §§ 38.2-3725, 38.2-3726,
38.2-3727, and 38.2-3730 of the Code of Virginia

ORDER SCHEDULING HEARING

Pursuant to § 38.2-3730 B of the Code of Virginia ("Code"), the State Corporation Commission ("Commission") is required to conduct a hearing for the purpose of determining the actual loss ratio for credit life and credit accident and sickness insurance and to adjust the prima facie rates, as provided in §§ 38.2-3726 and 38.2-3727 of the Code, by applying the ratio of the actual loss ratio to the loss ratio standard set forth in § 38.2-3725 of the Code to the prima facie rates. These rates are to be effective for the triennium commencing January 1, 2016.

The adjusted prima facie rates have been calculated and proposed on behalf of and by the Bureau of Insurance ("Bureau") in accordance with the provisions of Chapter 37.1 of Title 38.2 of the Code (§§ 38.2-3717 et seq.) and are attached hereto.

Accordingly, IT IS ORDERED THAT:

(1) This matter is docketed and assigned Case No. INS-2015-00022.

(2) The adjusted prima facie rates that have been calculated and proposed on behalf of and by the Bureau in accordance with the provisions of Chapter 37.1 of Title 38.2 of the Code (§§ 38.2-3717 et seq.), which are attached hereto, are made a part hereof.

(3) In accordance with Rule 5 VAC 5-20-120 A, Assignment, of the Commission's Rules of Practice and Procedure, 5 VAC 5-20-10 et seq. ("Rules of Practice"), a hearing examiner hereby is be appointed to conduct all further proceedings, including hearings, in this matter on behalf of the Commission and to file a final report.

(4) Pursuant to § 38.2-3730 B of the Code, the Commission, through its hearing examiner, shall conduct a hearing on July 14, 2015, at 10 a.m. in its courtroom, Tyler Building, 1300 East Main Street, Second Floor, Richmond, Virginia 23219.

(5) On or before June 23, 2015, the Bureau shall prefile any written reports or other data in support of the proposed adjusted prima facie rates with the Clerk of the Commission and shall refer to Case No. INS-2015-00022.

(6) On or before June 30, 2015, any person who expects to participate in the hearing as a respondent as provided by Rule 5 VAC 5-20-80 B, Participation as a respondent, of the Rules of Practice, shall file a notice of participation in accordance with the provisions of 5 VAC 5-20-80 B. If not filed electronically, an original and fifteen (15) copies of such notice of participation shall be filed with the Clerk of the Commission. All filings shall refer to Case No. INS-2015-00022.

(7) On or before July 7, 2015, any person previously filing a notice of participation who wishes to participate in the hearing as a respondent shall file the testimony and exhibits of each witness expected to present direct testimony to establish the respondent's case. If not filed electronically, an original and fifteen (15) copies of such testimony and exhibits shall be filed with the Clerk of the Commission.  All filings shall refer to Case No. INS-2015-00022, and copies thereof simultaneously shall be delivered to any respondent requesting the same.

(8) All interested persons who desire to file written comments in support of or in opposition to the proposed adjusted prima facie rates shall file such comments on or before July 7, 2015, in writing with Joel H. Peck, Clerk, State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218-2118, and shall refer to Case No. INS-2015-00022. On or before July 7, 2015, any interested person desiring to submit comments electronically in this case may do so by following the instructions found on the Commission's website: http://www.scc.virginia.gov/case.

(9) Any public witness who desires to make a statement at the hearing on his own behalf, either for or against the proposed adjusted prima facie rates for credit life and credit accident and sickness insurance, but not otherwise participate in the hearing, need only appear in the Commission's courtroom at 9:45 a.m. on July 14, 2015, and complete a notice of appearance form that shall be provided by the Commission. In order to accommodate as many public witnesses as possible, the Commission asks that comments be limited to five minutes by each witness.

(10) An attested copy of this Order Scheduling Hearing shall be sent by the Bureau to every insurance company licensed by the Bureau to transact the business of credit life and credit accident and sickness insurance in the Commonwealth of Virginia, and to all other interested persons. The Bureau shall file in the record of this proceeding an affidavit evidencing compliance with this Order.

(11) The Commission's Division of Information Resources shall make available this Order and the attached proposed adjusted rates on the Commission's website: http://www.scc.virginia.gov/case.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to: Kiva Bland Pierce, Assistant Attorney General, Division of Consumer Counsel, Office of the Attorney General, 900 East Main Street, Second Floor, Richmond, Virginia 23219; and a copy hereof shall be delivered to the Commission's Office of General Counsel and the Bureau of Insurance in the care of Deputy Commissioner Althelia P. Battle.

STATE BOARD OF SOCIAL SERVICES

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Social Services conducted a small business impact review of 22VAC40-680, Virginia Energy Assistance Program - Low Income Home Energy Assistance Program (LIHEAP), and determined that this regulation should be retained in its current form. The State Board of Social Services is publishing its report of findings dated June 11, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

Because this regulation makes revenue available to over 600 vendors, the impact of the regulation on small business is positive. There were no complaints or comments received from the public. The regulation provides eligible Home Energy Assistance Program (EAP) vendors, which includes vendors from the small business community, access to revenue made available through the federally funded LIHEAP. Vendors, in most cases, receive their funds directly from the Department of Social Services (DSS), so they know they will be paid and the EAP benefits will not be used by the recipient for other purposes. The regulation is not complex and does not overlap, duplicate, or conflict with other federal or state laws or regulations. The last evaluation of this regulation occurred in 2011. The biennial report to the General Assembly on the effectiveness of the EAP concludes that the program compliments other private and nonprofit energy programs, and the services are not duplicative. Business entities that provide EAP goods and services are eligible to participate as vendors in the EAP. Payments to vendors are determined by their respective products, self-designated service areas, and by customer selection. There is no need to amend or repeal the regulation to minimize the economic impact on small businesses.

Contact Information: Denise Surber, Energy Assistance Program Consultant, Department of Social Services, 804 East Main Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

VIRGINIA WASTE MANAGEMENT BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Waste Management Board conducted a small business impact review of 9VAC20-130, Solid Waste Planning and Recycling Regulations, and determined that this regulation should be retained in its current form. The Virginia Waste Management Board is publishing its report of findings dated May 20, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The agency believes this regulation continues to be needed. It establishes requirements for the formation of solid waste management planning units and for the development of solid waste management plans. These plans address the management of solid waste and the recycling of solid waste within the solid waste management planning unit. These plans promote source reduction, reuse, and recycling of materials, thereby reducing the amount of solid waste that needs to be disposed of in landfills.

During the public comment period for this periodic review only one comment was submitted. The Central Virginia Waste Management Authority (CVWMA) submitted a comment supporting the review of the regulation. CVWMA however did not provide any suggestions for changes to the regulation.

As part of this review, the agency considered the impact this regulation has on small businesses. The regulation does not directly impact small businesses. This regulation provides local governments and solid waste management planning units with details that need to be included in solid waste management plans. All entities generating solid waste may be required to follow waste management practices established by the solid waste management planning units. The solid waste management planning unit has the ability to adopt plans that include measures that minimize impacts to small businesses.

The agency also considered the extent to which the regulation overlaps, duplicates, or conflicts with federal or state law or regulation. This regulation is a state only regulation and there is no equivalent federal regulation. This regulation does overlap to an extent with the Solid Waste Management Regulation (9VAC20-81). Both regulations address solid waste and the need to properly manage solid waste in permitted facilities. Some facilities that manage solid waste receive permits from the department that are issued through the Solid Waste Management Regulation (9VAC20-81).

Since initially adopted, the regulation has been revised numerous times to address various issues. This regulation was last amended in 2012 to revise the frequency of the recycling rate report for some localities. This regulation was also updated in 2011 to revise regulatory citations referencing the Solid Waste Management Regulations. Revisions were made in 2007 to the regulation to change the calculation of the mandatory recycling rate, the formation and dissolution of planning regions, and to remove references to the Solid Waste Information and Assessment Program. Revisions in 2001 were made to make the regulation consistent with state statute and legislation passed during the 1999 Session of the General Assembly.

The department has determined that the regulation should be retained. The agency plans to discuss this regulation with stakeholders in the near future to identify potential changes that would increase the clarity of this regulation, while maintaining the objectives of applicable law. Any changes to the regulation would be made through a regulatory action separate from this periodic review.

Contact Information: Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

STATE WATER CONTROL BOARD

Total Maximum Daily Load for Accotink Creek and Long Branch

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the draft stressor identification analysis in support of the development of total maximum daily loads (TMDLs) for Accotink Creek and Long Branch in the Accotink Creek watershed in Fairfax County. These streams are listed on the 2012 § 303(d) TMDL Priority List and Report as impaired due to violations of the state's water quality standards for the aquatic life use due to poor health of the benthic macroinvertebrate communities.

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

Stream Name	Location	Impairment	Length (miles)	Upstream Limit	Downstream Limit
Accotink Creek	Fairfax County	Aquatic Life Use	9.92	Lake Accotink	Tidal waters of Accotink Bay
		Benthic Macroinvertebrates
Accotink Creek	City of Fairfax	Aquatic Life Use	6.2	Headwaters of Accotink Creek	Lake Accotink
	Fairfax County	Benthic Macroinvertebrates
Long Branch	Fairfax County	Aquatic Life Use	2.24	Unnamed tributary at the Route 651 bridge	Accotink Creek
		Benthic Macroinvertebrates

The second public meeting will focus on the results of the draft stressor identification analysis, which identifies the stressors to the benthic communities in the Accotink Creek watershed. The meeting will be held on Monday, July 6, 2015, 6:30 p.m., Kings Park Library - Meeting Room, 9000 Burke Lake Road, Burke, VA 22015-1683. In case of inclement weather, the alternate meeting date is Wednesday, July 22, 2015, 6:30 p.m., Kings Park Library - Meeting Room, 9000 Burke Lake Road, Burke, VA 22015-1683. The public comment period will begin July 6, 2015, and end Wednesday, August 5, 2015.

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

Information on the development of the TMDLs for the impairments is available upon request. Questions or information requests should be addressed to the DEQ contact person listed below. Please note, all written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Jennifer Carlson, Virginia Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, email [e-mail], or telephone [phone].

Proposed Enforcement Action for Broadnax, LLC

An enforcement action has been proposed for Broadnax, LLC for alleged violations of the State Water Control Law at the Brabble Shores Subdivision 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. Mr. Robin Schuhmann will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from June 29, 2015, through July 29, 2015.

Proposed Consent Order for the City of Lynchburg

An enforcement action has been proposed for the City of Lynchburg for violations of the State Water Control Law and regulations in the City of Lynchburg. The State Water Control Board proposes to issue a consent order to the City of Lynchburg to resolve violations regarding combined sewer overflows at the City's Regional Wastewater Treatment Plant and Combined Sewer Collection System. 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 June 29, 2015, through July 30, 2015.

Proposed Consent Order for the Stafford County Board of Supervisors

An enforcement action has been proposed for the Stafford County Board of Supervisors. The consent order describes a settlement to resolve violations of State Water Control Law and the applicable regulations regarding the Sanitary Sewer Collection Systems associated with the Little Falls Run Wastewater Treatment Plant and the Aquia Wastewater Treatment Facility. 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 June 30, 2015, through July 30, 2015.

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.

ERRATA

STATE BOARD OF HEALTH

Title of Regulation: 12VAC5-71. Regulations Governing Virginia Newborn Screening Services (amending 12VAC5-71-30).

Publication: 31:18 VA.R. 1574-1575 May 4, 2015

Correction to Final Regulation:

Page 1574, Effective Date, change the effective date to June 4, 2015

VA.R. Doc. No. R13-3569; Filed June 10, 2015, 12:52 p.m.