GENERAL NOTICES/ERRATAVol. 30 Iss. 22 - June 30, 2014
STATE AIR POLLUTION CONTROL BOARD
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 Department of Environmental Quality is conducting a periodic review and small business impact review of portions of the Regulations for the Control and Abatement of Air Pollution, specifically 9VAC5-45, Consumer and Commercial Products: Part I Special Provisions (9VAC5-45-10 et seq.) and Part II Emission Standards, Article 7, Emission Standards for Asphalt Paving Operations (9VAC5-45-760 et seq.). The review of this regulation will be guided by the principles in Executive Order 14 (2010).
The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 30, 2014, and ends July 21, 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 Gary Graham, Regulatory Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4103, FAX (804) 698-4510, or email gary.graham@deq.virginia.gov.
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.
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 Department of Environmental Quality is conducting a periodic review and small business impact review of portions of the Regulations for the Control and Abatement of Air Pollution, specifically 9VAC5-80, Permits for Stationary Sources: Part I, Permit Actions before the Board (9VAC5-80-5 et seq.) The review of this regulation will be guided by the principles in Executive Order 14 (2010).
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 30, 2014, and ends July 21, 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 Gary Graham, Regulatory Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4103, FAX (804) 698-4510, or email gary.graham@deq.virginia.gov.
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 CORPORATION COMMISSION
Bureau of Insurance
May 28, 2014
Administrative Letter 2014-04
To: All Insurers and Other Interested Parties
Re: Insurance-Related Legislation Enacted by the 2014 Virginia General Assembly
We have attached for your reference summaries of certain insurance-related statutes enacted or amended and re-enacted during the 2014 Session of the Virginia General Assembly. The effective date of these statutes is July 1, 2014, except as otherwise indicated in this letter. Each organization to which this letter is being sent should review the summaries carefully and see that notice of these laws is directed to the proper persons, including appointed representatives, to ensure that appropriate action is taken to effect compliance with these new legal requirements. Copies of individual bills may be obtained at http://lis.virginia.gov/cgi-bin/legp604.exe?ses=142&typ=lnk&val=53 or via the links we have provided in the summary headings. You may enter the bill number (not the chapter number) on the Virginia General Assembly Home Page, and you will be linked to the Legislative Information System. You may also link from the Legislative Information System to any existing section of the Code of Virginia. All statutory references made in the letter are to Title 38.2 (Insurance) of the Code of Virginia unless otherwise noted. All references to the Commission refer to the State Corporation Commission. The federal Patient Protection and Affordable Care Act is referred to as the ACA throughout this letter.
Please note that this document is a summary of legislation. It is neither a legal review and interpretation nor a full description of the legislative amendments affecting insurance-related laws during the 2014 Session. Each person or organization is responsible for review of relevant statutes.
/s/ Jacqueline K. Cunningham
Commissioner of Insurance
The bill amends § 38.2-1611.1 (Property & Casualty Insurance Guaranty Association) and § 38.2-1705 (Life, Accident & Sickness Insurance Guaranty Association) by designating the Virginia Department of Taxation as the agency responsible for the collection of any surplus fund refunds from Guaranty Association member insurers after the insolvency of an insurer. The responsibility for the collection of premium license tax was transferred from the Commission to the Department of Taxation in 2011.
Chapter 155 (Senate Bill 86) and Chapter 411 (House Bill 634)
The bill amends § 38.2-3115 (Life Insurance) to require the payment of interest on claims for variable annuity contracts beginning from the date of receipt of a completed claim form.
The bill amends §§ 38.2-2803 [Medical Malpractice Joint Underwriting Association (JUA)] and 38.2-2903 (Commercial Liability Insurance JUA) to update the names of the insurance company trade associations referenced in the law. References to the Alliance of American Insurers are changed to the Property Casualty Insurers Association of America and references to the National Association of Independent Insurers are changed to the National Association of Mutual Insurance Companies.
Chapter 206 (House Bill 466) and Chapter 159 (Senate Bill 406)
The bills amend §§ 38.2-1414 and 38.2-1433 (Investments) to increase the portion of a domestic insurer's total admitted assets allowed in foreign investments; increase the aggregate investments allowed in a single foreign jurisdiction; and allow investments to be payable in a foreign currency if the investment is effectively hedged, substantially in its entirety, against U.S. currency.
Chapter 248 (Senate Bill 88) (Effective January 1, 2015)
This bill adds a new Article 5.1 to Chapter 13 (Reports, Reserves & Examinations) of Title 38.2 of the Code of Virginia, setting forth the requirements for the completion and filing of an Own Risk and Solvency Assessment (ORSA). An ORSA is a confidential internal assessment conducted by an insurer, or the insurance group to which it is a member, of the material and relevant risks associated with the insurer's current business plan and the sufficiency of capital resources to support those risks. These requirements apply to all insurers domiciled in Virginia unless they meet certain exemption provisions. The provisions of this bill will become effective on January 1, 2015.
Chapter 272 (House Bill 308) and Chapter 297 (Senate Bill 201)
The bill adds a subsection C to § 38.2-3407.9.01 (Provisions Relating to Accident and Sickness Insurance) to require each insurer, corporation, or health maintenance organization that uses a prescription drug formulary for prescription drug benefits to provide at least 30 days' written notice to each group policy/contract holder and each individual policy/contract holder before making a modification to a drug formulary that moves a prescription drug to a tier with higher cost-sharing requirements. This requirement does not apply to modifications that occur at the time of coverage renewal.
Chapter 282 (House Bill 771) (Effective January 1, 2015)
The bill amends § 38.2-2217 (Liability Insurance Policies), as well as several sections in Title 46.2, to address mature driver crash prevention courses. Only those mature drivers who complete driver crash prevention courses that are voluntarily taken will qualify for a reduction in their insurance rates for the three-year period. Mature drivers assigned by the courts to take such crash prevention courses do not qualify for the reduction in their insurance rates.
Chapter 307 (House Bill 33) and Chapter 369 (Senate Bill 484)
The bill amends § 38.2-3451 (Provisions Relating to Accident and Sickness Insurance). The bill specifies that the ACA requirement for inclusion of minimum essential pediatric oral health benefits will be satisfied for health plans available in the small group and individual markets outside an exchange and issued on or after January 1, 2015, if the health carrier has obtained reasonable assurance that the benefits are provided to the plan purchaser. The health carrier shall be deemed to have obtained reasonable assurance if certain requirements specified in the bill are met.
The bill adds § 38.2-3407.15:1 (Provisions Relating to Accident and Sickness Insurance) to provide that any contract between a carrier and its intermediary, pursuant to which the intermediary has the right or obligation to conduct audits of participating pharmacy providers (PPP), and any provider contract between a carrier and a PPP or its contracting agent pursuant to which the carrier has the right or obligation to conduct audits of PPPs, must contain specific provisions which prohibit the carrier or intermediary, in the absence of fraud, from recouping amounts calculated from or arising out of certain acts, claims or methods. The bill applies to contracts entered into, amended, extended, or renewed on or after January 1, 2015.
Chapter 309 (House Bill 109) (Part of Bill Effective January 1, 2015 - See Note)
The bill amends various sections of Chapter 13 of Title 38.2 (Reports, Reserves, Examinations, Insurance Holding Companies, etc.), § 38.2-4509 (Dental or Optometric Services Plans), and §§ 38.2-5500 and 38.2-5501 (Risk-Based Capital) to expand the Commission's authority to examine the financial condition of an insurer. The bill requires the ultimate controlling person of an insurance holding company system to submit a confidential Enterprise Risk filing; requires the parent company seeking to divest its interest in an insurance company subsidiary to provide notice to the domestic regulator prior to the divestiture; requires the insurer's board of directors to make statements regarding the corporate governance and internal control responsibilities within the annual holding company registration statement; subjects the cost-sharing services and management agreements among affiliated entities to minimum reporting requirements to eliminate the potential for capital to flow out of the insurer through these types of agreements; provides regulators with explicit authority to participate in supervisory colleges; and adds confidentiality protections for information shared. Note: The provisions of this bill are effective on July 1, 2014 with the exception of the amendments to Article 5 of Chapter 13 (§ 38.2-1322 et seq.), which are effective January 1, 2015.
The bill amends §§ 38.2-1845.5 and 38.2-1845.8 (Insurance Agents) to require nonresident public adjusters to keep in force a bond in favor of the Commonwealth in the amount of $50,000 with a surety licensed by the Commission. The bill also provides that no public adjuster license shall be renewed unless the applicant meets all of the initial requirements for licensure including the obtaining of the surety bond.
This bill amends § 38.2-3521.1 and adds § 38.2-3521.2 (Accident & Sickness Insurance Policies) to add blanket insurance as a type of group insurance that can be delivered in Virginia. Blanket insurance is defined as a form of limited accident and sickness insurance which provides coverage for specified circumstances or specific classes of persons defined in a policy issued to a master policyholder.
Chapter 417 (House Bill 765) and Chapter 157 (Senate Bill 360)
The bill amends § 8.01-27.5 (Civil Remedies and Procedure Title); § 38.2-2201 (Liability Insurance Policies); and §§ 38.2-3407.12 and 38.2-3407.15 (Provisions Relating to Accident & Sickness Insurance) to update references to federal programs (Medicaid, CHIP, and TRICARE) in the definitions of "health care policy," "group health benefit plan," and "health plan."
The bill amends § 38.2-3407.14 (Provisions Relating to Accident & Sickness Insurance), relating to notices of increases in premiums and deductibles. Insurers offering individual or group accident and sickness policies providing hospital, medical, and surgical or major medical coverage on an expense-incurred basis; corporations providing subscription contracts; and health maintenance organizations providing health care plans are required to give written notice before renewal if there is an increase in premium or any deductible. The 60 days' notice requirement increases to 75 days' notice for policy renewals on or after January 1, 2015, for individual health insurance coverage. The Commission may adjust the time frames relating to the provision of notices to account for delays in product or rate approval resulting from filing requirements established by the U.S. Department of Health & Human Services.
Chapter 571 (House Bill 631) (Effective January 1, 2015)
The bill adds a new Article 10 (Standard Valuation Act) to Chapter 13 of Title 38.2 (Reports, Reserves and Examinations) and amends numerous related sections in Title 38.2 to require insurers to use a principle-based reserve basis for life, annuity, and accident and health contracts, and to use a Valuation Manual adopted by the National Association of Insurance Commissioners (NAIC). The Valuation Manual will become effective on January 1 of the first calendar year following the first July 1 when certain conditions have been met, including that at least 42 states/U.S. jurisdictions have enacted the revised NAIC Standard Valuation Law model, or substantially similar terms and provisions. The provisions of this bill will become effective on January 1, 2015.
Chapter 769 (House Bill 1043) and Chapter 752 (Senate Bill 542)
The bill amends and adds new sections to Article 7 (Navigators) of Chapter 34 (Provisions Relating to Accident & Sickness Insurance) to require navigators operating in the Commonwealth on and after September 1, 2014, to be registered with the Commission in addition to obtaining certification by the U.S. Department of Health & Human Services (HHS). The bill requires navigators to submit an application to the Commission in a form the Commission prescribes, pay an application fee, and provide a criminal record history. The bill also requires each registered navigator to report to the Commission (i) any action taken by the HHS, (ii) any felony conviction, and (iii) the disposition of the matter of any administrative action taken against the navigator in another jurisdiction or by another governmental agency in the Commonwealth. The bill further authorizes the Commission's Bureau of Insurance to investigate individuals and entities involved in navigator activities.
This bill amends numerous sections of Chapter 34 (Provisions Relating to Accident & Sickness Insurance) and also makes these amendments applicable to health services plans and health maintenance organizations (HMOs). The bill repeals provisions relating to the conversion of health insurance coverage under a group policy to an individual policy and includes technical and conforming changes in related sections. The bill also limits the mandated offer of coverage requirement for the treatment of morbid obesity to the large group market. For HMOs, the bill limits the requirement to offer a point-of-service benefit to the large group market and exempts a qualified health plan offered in the Commonwealth by a health carrier through a health benefit exchange from the point-of-service offer requirement.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Total Maximum Daily Load Study for Aarons Creek, North Fork Aarons Creek, Big Bluewing Creek, Coleman Creek, Little Coleman Creek, Little Buffalo Creek, Hyco River, Beech Creek in Halifax County and Mecklenburg County
The Virginia Department of Environmental Quality (DEQ) will host a public meeting on a water quality study for these streams on Thursday, July 10, 2014.
The meeting will start at 7 p.m. in the Midway Volunteer Fire Department located at 10801 Bill Tuck Highway, Virgilina, VA 24598. The purpose of the meeting is to present the final draft total maximum daily load (TMDL) report to interested local community members and local government.
Aarons Creek (VAC-L73R_AAR01A00) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the primary contact use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.
North Fork Aarons Creek (VAC-L73R_AAR02A10) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the primary contact use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.
Big Bluewing Creek (VAC-L74R_BLU01A08) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the primary contact use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.
Coleman Creek (VAC-L74R_CLB01A06) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the primary contact use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.
Little Coleman Creek (VAC-L74R_LOL01A06) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the primary contact use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.
Little Buffalo Creek (VAC-L76R_LFF01A00) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the primary contact use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.
Hyco River (VAC-L74R_HYC02A06) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the primary contact use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.
Beech Creek (VAC-L75R_ BEE01A98) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the primary contact use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.
Coleman Creek (VAC-L74R_CLB01A06) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the aquatic life use. The impairment is based on benthic macroinvertebrate bioassessments.
Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia, require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's 303(d) TMDL Priority List and Report and subsequent water quality assessment reports.
DEQ developed a total maximum daily load for the impaired water. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL amount.
The public comment period on materials presented at this meeting will extend from July 10, 2014, to August 11, 2014. For additional information or to submit comments, contact Paula Nash, Virginia Department of Environmental Quality, Blue Ridge Regional Office, 7705 Timberlake Road, Lynchburg, VA 24502, telephone (434) 582-6216, or email paula.nash@deq.viginia.gov.
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 June 3, 2014, and June 10, 2014. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 201 North 9th Street, 2nd Floor, Richmond, Virginia.
Director's Order Number Seventy-Nine (14)
Virginia's Computer-Generated Game Lottery "Fast Play Smokin' Hot Crossword" Final Rules for Game Operation (effective June 9, 2014)
Director's Order Number Eighty (14)
Virginia's Computer-Generated Game Lottery "Fast Play Fast $50's Slots of Fun" Final Rules for Game Operation (effective June 9, 2014)
Director's Order Number Eighty-One (14)
Virginia's Computer-Generated Game Lottery "Fast Play Vacation Cash" Final Rules for Game Operation (effective June 9, 2014)
Director's Order Number Eighty-Two (14)
Certain Virginia Fast Play Game; End of Game - Virginia Lottery's "Fast Play Money Bag Crossword" (120 (13)) (effective June 8, 2014)
Director's Order Number Eighty-Three (14)
Certain Virginia Fast Play Game; End of Game - Virginia Lottery's "Fast Play Fast $50s Hot Slots Doubler" (119 (13)) (effective June 8, 2014)
Director's Order Number Eighty-Four (14)
Certain Virginia Fast Play Game; End of Game - Virginia Lottery's "Fast Play Bow Wow Bucks" (48 (14)) (effective June 8, 2014)
Director's Order Number Eighty-Five (14)
"$1,000,000 Money Ball Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (This Director's Order becomes effective June 2, 2014, and shall remain in full force and effect until ninety (90) days after the conclusion of the Incentive Program, unless otherwise extended by the Director.)
Director's Order Number Eighty-Six (14)
Virginia's Instant Game Lottery 1496 "Lucky Numbers" Final Rules for Game Operation (effective June 3, 2014.)
Director's Order Number Eighty-Seven (14)
Virginia Lottery's "NASCAR® Championship Banquet" Event Promotion Final Rules for Operation (effective June 11, 2014)
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
2014 Medicaid Provider Reimbursement Changes - Notice of Intent to Amend the Virginia State Plan for Medical Assistance (pursuant to § 1902(a)(13) of the Social Security Act (42 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 Amount, Duration, and Scope of Medical and Remedial Care Services (12VAC30-50); Methods and Standards for Establishing Payment Rates - Inpatient Hospital Services (12VAC30-70); Methods and Standards for Establishing Payment Rates; Other Types of Care (12VAC30-80); and Methods and Standards for Establishing Payment Rates for Long-Term Care (12VAC30-90). The department is implementing a number of changes in reimbursement methodology effective July 1, 2014, pursuant to Item 301 of the Budget Bill of 2014. If the final budget modifies these anticipated changes, the department will subsequently publish an amended notice. Citations are to state regulations that correspond to the Medicaid State Plan. Estimated impact on providers in fiscal year (FY) 2015 is included.
Reimbursement Changes Affecting Hospitals (12VAC30-70)
12VAC30-70-221 is being amended to implement all patient refined-diagnosis-related group reimbursement methodology for inpatient hospitals.
- Anticipated Provider Fiscal Impact = $0
12VAC30-70-301 is being amended to establish a new methodology for DSH reimbursement.
- Anticipated Provider Fiscal Impact = $0
12VAC30-70-351 is being amended to eliminate inflation for inpatient hospital operating, GME, DSH, and IME payments in FY 2015.
- Anticipated Provider Fiscal Impact = ($32,694,706)
12VAC30-70 and 12VAC30-80 are being amended to establish supplemental inpatient and outpatient hospital payments for partners of Type One hospitals.
- Anticipated Provider Fiscal Impact = $3,422,675
Reimbursement Changes Affecting Other Providers (12VAC30-80)
An effective date change will be made in the fee schedule corresponding to a change in the billing unit for mental health support services from a block of time to 15-minute increments (12VAC30-50-226).
- Anticipated Provider Fiscal Impact = $0
12VAC30-80-30 is being amended to:
1. Reduce clinical lab fees by 12% to match the laboratory rates paid by Medicaid managed care organizations.
- Anticipated Provider Fiscal Impact = ($2,127,356)
2. Reduce DME rates to Medicare competitive bid rates if they are lower than DMERC minus 10%.
- Anticipated Provider Fiscal Impact = ($4,866,000)
3. Increase supplemental payments for freestanding children's hospitals with more than 50% Medicaid inpatient utilization.
- Anticipated Provider Fiscal Impact = $2,763,460
4. Establish supplemental payments for physicians affiliated with publicly funded medical school.
- Anticipated Provider Fiscal Impact = $2,149,138
12VAC30-80-200 is being amended to eliminate inflation adjustments in FY 2015 and FY 2016 for outpatient rehabilitation agency rates.
- Anticipated Provider Fiscal Impact = ($413,744)
12VAC30-80-180 is being amended to eliminate inflation adjustments in FY 2015 and FY 2016 for home health agency rates.
- Anticipated Provider Fiscal Impact = ($154,126)
Reimbursement Changes Affecting Nursing Facilities (12VAC30-90)
12VAC30-90 is being amended to:
1. Replace cost-based reimbursement methodology for nursing facilities with a price-based reimbursement methodology including reductions in the rental rate floor for capital reimbursement.
- Anticipated Provider Fiscal Impact = $0
2. Make additional reductions to the rental rate floor for nursing facility capital reimbursement.
- Anticipated Provider Fiscal Impact = ($8,123,510)
3. Establish supplemental nursing facility payments for government-owned facilities.
- Anticipated Provider Fiscal Impact = $13,600,000
This notice is intended to satisfy the requirements of 42 CFR 447.205 and of § 1902(a)(13) of the Social Security Act, 42 USC § 1396a(a)(13). A copy of this notice is available for public review on the Virginia Regulatory Town Hall (http://www.townhall.virginia.gov). Comments or inquiries may be submitted, in writing, within 30 days of this notice publication to the contact listed below and such comments are available for review at the same address.
Contact Information: William Lessard, Director, DMAS Provider Reimbursement Division, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219, telephone (804) 225-4593, FAX (804) 786-1600, or email william.lessard@dmas.virginia.gov.
SAFETY AND HEALTH CODES BOARD
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 Safety and Health Codes Board is conducting a periodic review and small business impact review of 16VAC25-145, Safety Standards for Fall Protection in Steel Erection, Construction Industry. The review of this regulation will be guided by the principles in Executive Order 14 (2010).
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 30, 2014, and ends July 21, 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 Reba O'Connor, Regulatory Coordinator, 600 East Main Street, Richmond, VA 23219, telephone (804) 371-2631, FAX (804) 786-8418, or email oconnor.reba@dol.gov.
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.
VIRGINIA WASTE MANAGEMENT BOARD
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 Virginia Waste Management Board is conducting a periodic review and small business impact review of 9VAC20-170, Transportation of Solid and Medical Wastes on State Waters. The review of this regulation will be guided by the principles in Executive Order 14 (2010).
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 30, 2014, and ends July 21, 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 Melissa Porterfield, Office of Regulatory Affairs, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4346, or email melissa.porterfield@deq.virginia.gov.
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 Consent Special Order for
Greensville County
An enforcement action has been proposed for Greensville County for alleged violations at the Three Creek Wastewater Treatment Plant at 428 Moonlight Road, Emporia, Virginia. The State Water Control Board proposes to issue a consent special order to Greensville County to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at http://www.deq.virginia.gov. Frank Lupini will accept comments by email at frank.lupini@deq.virginia.gov, FAX at (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from June 30, 2014, through July 30, 2014.
Proposed Consent Order for
Hahn Transportation, Inc.
An enforcement action has been proposed for Hahn Transportation, Inc., for violations of the State Water Control Law and Regulations in Bristow, Virginia. The consent order describes a settlement to resolve the unauthorized discharge of oil to state waters. A description of the proposed action is available at the Department of Environmental Quality office named below or online at http://www.deq.virginia.gov. Stephanie Bellotti will accept comments by email at stephanie.bellotti@deq.virginia.gov, FAX at (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from July 1, 2014, through July 31, 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 (804) 786-3591; FAX (804) 692-0625; Email: varegs@dls.virginia.gov.
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
BOARD OF HOUSING AND COMMUNITY DEVELOPMENT
Title of Regulation: 13VAC5-63. Virginia Uniform Statewide Building Code.
Publication: 30:16 VA.R. 2071-2232 April 7, 2014.
Correction to Final Regulation:
Page 2138, 13VAC5-63-210 S 62, paragraph 3.4, change "AMC" to "AWC"
VA.R. Doc. No. R12-3159; Filed June 17, 2014, 3:34 p.m
BOARD OF NURSING
Title of Regulation: 8VAC90-20. Regulations Governing the Practice of Nursing.
Publication: 29:24 VA.R. 3422-3424 July 29, 2013.
Correction to Emergency Regulation:
Page 3422, Effective Dates, the expiration date of the emergency regulation should be "January 28, 2015."
VA.R. Doc. No. R13-2989; Filed June 17, 2014, 10:41 a.m.
