8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 32 Iss. 23 - July 11, 2016

CRIMINAL JUSTICE SERVICES BOARD

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Criminal Justice Services Board is currently reviewing each of the regulations listed below to determine whether the regulation should be repealed, amended, or retained in its current form.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.

6VAC20-50, Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial Officers, Courthouse and Courtroom Security Officers and Process Service Officers

6VAC20-180, Crime Prevention Specialists

Contact Information: Barbara Peterson-Wilson, Law Enforcement Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

The comment period begins July 11, 2016, and ends August 11, 2016.

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 Virginia Regulatory Town Hall, and a report of the small business impact review will be published in the Virginia Register of Regulations.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Twittys Creek Solar LLC Notice of Intent - Small Renewable Energy Project (Solar) Permit by Rule

Twittys Creek Solar, LLC has notified the Department of Environmental Quality of its intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Charlotte County, pursuant to 9VAC15-60. The project is located west of the intersection of Highway 59 and Ingleside Lane and will have a maximum capacity of 15 megawatts alternating current. The array will utilize approximately 65,100 ground-mounted photovoltaic solar modules, or equivalent, feeding into six 2.5 megawatt inverters, or equivalent, before interconnection.

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

Application for No Discharge Zones within Gloucester County

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) is announcing its intent to apply to the U.S. Environmental Protection Agency (EPA) for two federal no discharge zones (NDZs) and is seeking public comment on the draft application.

Public meeting: Wednesday, July 27, 2016, 6 p.m. at the Abingdon Elementary School, in library room B103, 7087 Powhatan Drive, Hayes, VA 23072.

Meeting description: To provide a summary of a draft application for designation of selected waterbodies within Gloucester County (Sarah Creek and Perrin River) as federal no discharge zones (NDZs). The NDZ designation would prohibit the overboard discharge of treated sewage effluent from marine sanitation devices (MSDs) in these waterways.

Description of study: Section 62.1-44.33of the Code of Virginia resolves that all tidal creeks in Virginia be designated federal no discharge zones premised on the improvement of impaired tidal creeks and directs the DEQ to pursue this designation. It is currently illegal to discharge raw sewage in U.S. territorial waters. In a NDZ, this ban is expanded to include sewage treated by on-board marine sanitation devices. A NDZ is determined by EPA upon application from the state and is contingent on the state demonstrating (1) the need for enhanced protection of water quality, (2) the availability of sufficient local alternatives to overboard discharge (i.e., pump-outs), and (3) local stakeholder support. DEQ is seeking this designation as one component of a "pollution diet" for small tidal Chesapeake Bay tributaries, which are frequently impaired for shellfish harvest due to elevated levels of fecal bacteria. The Go Green Committee of Gloucester County has partnered with the Virginia Institute of Marine Science to conduct an analysis of boat usage and pump-out availability for Sarah Creek and Perrin River in Gloucester County, and DEQ has concluded that existing pump-out facilities are adequate to service estimated peak-demand. A draft application to EPA for NDZ designation has been prepared and will be available for public review and comment on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/NoDischargeZoneDesignations.aspx the day after the public meeting. Presentations provided at the meeting will also be available on the website.

How to comment: DEQ will accept written comments beginning Thursday, July 28, 2016, by email or postal mail. Comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period, which will expire Friday, August 26, 2016.

Contact for additional information and send comments to: Anne Schlegel, TMDL Coordinator, Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, telephone [phone], or email [e-mail].

STATE BOARD OF HEALTH

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 Health is conducting a periodic review and small business impact review of 12VAC5-610, Sewage Handling and Disposal Regulations.

The review of this regulation will be guided by the principles in Executive Order 17 (2014).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the 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 July 11, 2016, and ends August 1, 2016.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Dwayne Roadcap, Director, Division of Onsite Sewage, Water Services, Environmental Engineering and Marina Programs, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on June 20, 2016, and June 27, 2016. The orders may be viewed at the Virginia Lottery, 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 Ninety-Four (16)

Virginia Lottery's Scratch Game 1703 "BIG BILLS" Final Rules for Game Operation (effective June 6, 2016)

Director's Order Number Ninety-Five (16)

Virginia Lottery's Scratch Game 1684 "Hot Winnings" Final Rules for Game Operation (effective June 6, 2016)

Director's Order Number Ninety-Six (16)

Certain Virginia Print 'n Play Games; End of Games

Virginia Lottery's Print 'n Play Blackjack (22 16)

Virginia Lottery's Print 'n Play Bonus Bingo (19 16)

Virginia Lottery's Print 'n Play Daily Crossword (17 16)

Virginia Lottery's Print 'n Play Hot 'n Spicy Bingo (20 16)

Virginia Lottery's Print 'n Play Smokin' Hot Crossword (13 16)

(This Director's Order is effective on July 9, 2016, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number Ninety-Seven (16)

Virginia Lottery's "Q1 FY17 eXTRA Chances Scratcher Promotion" Final Rules for Operation (effective June 28, 2016)

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

2016 Notice of Intent to Amend Medicaid Reimbursement Rates - Virginia State Plan for Medical Assistance (pursuant to § 1902(a)(13) of the Social Security Act (USC § 1396a(a)(13)))

Revised Notice dated June 15, 2016

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).

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 from the contact listed at the end of this notice.

DMAS is specifically soliciting input from stakeholders, providers, and beneficiaries, on the potential impact of the proposed reduction in the hospital inflation adjustment on beneficiary access to care. Comments or inquiries may be submitted, in writing, within 30 days of this notice publication to Mr. Lessard and such comments are available for review at the same address. Comments may also be submitted, in writing, on the Town Hall public comment forum attached to this notice at http://townhall.virginia.gov/L/Email_Notice.cfm?GNid=606&CFID=24385644&CFTOKEN=4dabe0a4218fb3ac-504D2605-EA48-541B-F92DE31D6CF24206.

This notice is available for public review on the Regulatory Town Hall (www.townhall.virginia.gov), on the General Notices page, found at: https://townhall.virginia.gov/L/generalnotice.cfm.

DMAS is making these changes in its methods and standards for setting payment rates for services in order to comply with the legislative mandates set forth in the Item 306 of Chapter 780 of the 2016 Acts of Assembly.

Reimbursement Changes Affecting Hospitals (12VAC30-70)

12VAC30-70-351 is being amended to reduce fiscal year (FY) 2017 inflation by 50% for inpatient and outpatient hospital operating (including freestanding psychiatric and long stay hospitals), graduate medical education (GME) and indirect medical education (IME) payments, disproportionate share hospital (DSH) payments and outpatient hospital rates with the exception of 100% of inflation for inpatient and outpatient hospital operating, GME, and IME payments for Children's Hospital of King's Daughters.

The expected decrease in annual aggregate expenditures is $13,895,790.

12VAC30-70-221 and 12VAC30-70-381 are being amended to change the methodology for costing claims used to rebase weights from a fee-for-service global cost-to-charge methodology to a methodology that uses per diems and cost-to-charge ratios by cost center for the fee-for-service and managed care claims, effective July 1, 2016. In a similar fashion, each hospital's total costs by claim using this methodology will be divided by the total charges for the hospital cost-to-charge ratio.

The expected increase in annual aggregate expenditures is $0.

12VAC30-70-281 is being amended to create GME supplemental payments for new primary care and high-need specialty residencies, effective July 1, 2017.

The expected increase in annual aggregate expenditures is $2,500,000.

Reimbursement Changes Affecting Other Providers (12VAC30-80)

12VAC30-80-32 is being amended to increase rates for existing substance use disorder services and add rates for new substance use disorder services, effective April 1, 2017, and peer support services, effective January 1, 2017.

The expected annual increase in expenditures for the rate increase is $1,460,647, and the expected annual increase for expenditures for new services is $2,871,908. Administrative expenses of the program are expected to be $872,269 for a total annual aggregate increase of $5,204,824.

12VAC30-80-30 is being amended to implement a supplemental payment for Children's National Health System physicians, effective July 1, 2016. The total supplemental Medicaid payment shall be based on the upper payment limit approved by CMS and all other Virginia Medicaid fee-for-service payments but not to exceed $551,000.

The expected increase in annual aggregate expenditures is $551,000.

Reimbursement Changes Affecting Nursing Facilities (12VAC30-90)

12VAC30-90-264 is being amended to convert the specialized care rate methodology to a fully prospective state fiscal year rate, effective July 1, 2016. This would be accomplished consistent with the existing cost-based methodology by adding inflation to the per diem costs subject to existing ceilings for direct, indirect and ancillary costs from the most recent settled cost report prior to the state fiscal year for which the rates are being established. The same inflation adjustment shall apply to plant costs for specialized care facilities that do not have prospective capital rates that are based on fair rental value. The department shall use the state fiscal year inflation rate recently adopted for regular nursing facilities. Partial year inflation shall be applied to per diem costs if the provider fiscal year end is different than the state fiscal year. Ceilings shall also be maintained by state fiscal year.

The expected increase in annual aggregate expenditures is $0.

Contact Information: William Lessard, Director, Division of Provider Reimbursement, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

VIRGINIA WASTE MANAGEMENT BOARD

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Environmental Quality on behalf of the Waste Management Board is conducting a periodic review and small business impact review of 9VAC20-190, Litter Receptacle Regulations.

The review of this regulation will be guided by the principles in Executive Order 17 (2014).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the 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 July 11, 2016, and ends August 1, 2016.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Melissa Porterfield, Policy Analyst, P.O. Box 1105, 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.

STATE WATER CONTROL BOARD

Proposed Consent Special Order for Wakefield Peanut Company, LLC

An enforcement action has been proposed for Wakefield Peanut Company, LLC for alleged violations that occurred at its property located at 11253 General Mahone Highway, Sussex County, Virginia. The proposed consent special order requires corrective actions to resolve the noncompliance and payment of a civil charge. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. David Robinett will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060-6295, from July 13, 2016, to August 14, 2016;

Total Maximum Daily Loads for the McClure River, Big Spraddle Branch, Buffalo Creek, and Roaring Fork in Dickenson County

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of total maximum daily loads (TMDLs) for the McClure River, Big Spraddle Branch, Buffalo Creek, and Roaring Fork in Dickenson 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 bacteria.

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

The impaired segments include: 21.76 miles of the McClure River from the headwaters downstream to the Road Branch confluence near Steinman; 2.31 miles of Big Spraddle Branch, a tributary to the McClure River west of Stratton; 3.25 miles of Buffalo Creek, a tributary to the McClure River north of Nora; 1.08 miles of Roaring Fork, a tributary to the McClure River upstream of Nora.

The first public meeting on the development of the TMDL to address the bacteria impairments for these segments will be held on July 14, 2016, from 6 p.m. to 8 p.m. at the McClure Kiwanis Building located at the intersection of State Route 63 (Dante Mountain Road) and State Route 773 (Herndon Road) in the McClure Community, Dickenson County, Virginia.

The public comment period will begin July 14, 2016, and end August 15, 2015.

An advisory committee to assist in development of this TMDL may be established. Any person interested in assisting should notify the DEQ contact person by the end of the comment period and provide name, address, phone number, email address, and the organization being represented (if any). Notification of the composition of the panel will be sent to all applicants.

A component of a TMDL is the wasteload allocations (WLAs); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Code of Virginia for any future adoption of the TMDLs associated WLAs. Information on the development of the TMDLs for these impairments is available upon request. Questions or information requests should be addressed to Martha Chapman. All written comments should include name, address, and telephone number of the person submitting the comments and should be sent to DEQ contact person Martha Chapman, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, telephone [phone], or email [e-mail].

VIRGINIA CODE COMMISSION

Notice to State Agencies

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

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

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

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

ERRATA

STATE BOARD OF HEALTH

Title of Regulation: 12VAC5-421. Food Regulations.

Publication: 32:22 VA.R. 2866 June 27, 2016

Correction to Title of Regulation:

Page 2866, column 2, delete "12VAC5-421-750,"

VA.R. Doc. No. R16-2701

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Titles of Regulations: 12VAC30-50. Amount Duration, and Scope of Medical and Remedial Care Services (amending 12VAC30-50-226).

12VAC30-60. Standards Established and Methods Used to Assure High Quality Care (amending 12VAC30-60-143).

Publication: 32:22 VA.R. 2936-2951 June 27, 2016

Correction to Final Regulation:

Page 2950, column 2, 12VAC30-60-143 I 18, line 4, replace "4160" with "[ 4160 416 ]"

Page 2951, column 1, 12VAC30-60-143 I 18, line 1, replace "80" with "[ 80 8 ]"

Page 2951, column 1, 12VAC 30-60-143 I 18, line 4, replace "20" with "[ 20 2 ]"

VA.R. Doc. No. R14-3451; Filed June 23, 2016, 11:51 a.m.