8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 28 Iss. 2 - September 26, 2011

GENERAL NOTICES/ERRATA

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Agricultural Stewardship Act 2010 Annual Report

The Commissioner of Agriculture and Consumer Services announces the availability of the annual report of the Agricultural Stewardship Act entitled "Virginia Agricultural Stewardship Act Annual Report, April 1, 2010 - March 31, 2011: A Positive Approach." Copies of this report can be obtained by contacting Joyce Knight at [phone] or email at [e-mail]. The report can also be obtained from the Department of Agriculture and Consumer Services' website at http://www.vdacs.virginia.gov/stewardship/index.shtml. A written request may be sent to Virginia Department of Agriculture and Consumer Services, Office of Policy, Planning and Research, P.O. Box 1163, 102 Governor Street, Suite 219, Richmond, VA 23218. Copies of the report are available without charge. Questions regarding the report may be directed to (804) 786-3538.

STATE AIR POLLUTION CONTROL BOARD

Notice of Periodic 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 (DEQ) is conducting a periodic review of portions of the Regulations for the Control and Abatement of Air Pollution; specifically, certain regulations of 9VAC5-40, Existing Stationary Sources. The purpose of the regulations is to control emissions from specific types of existing stationary sources to protect human health and the environment. The specific regulations being reviewed are as follows: Part I- Special Provisions; Part II- Emission Standards Article 2, Odor; Article 4, General Process Operations; Article 8, Fuel Burning Equipment; Article 15, Coal Preparation Plants; Article 37, Petroleum Liquid Storage and Transfer Operations; Article 43, Municipal Solid Waste Landfills; Article 46, Small Municipal Waste Combustors; Article 47, Solvent Cleaning; Article 48, Mobile Equipment Repair and Refinishing; Article 52, Case-by-case BART Determinations; Article 53, Lithographic Printing Processes; and Article 54, Large Municipal Waste Combustors. The regulations may be viewed on the DEQ air regulation web page: http://www.deq.state.va.us/air/regulations/airregs.html.

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 these regulations should be terminated, amended, or retained in their current form. Public comment is sought on the review of any issue relating to these regulations, including whether (i) the regulations are effective in achieving their goals; (ii) the regulations are necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (iii) there are available alternatives for achieving the purpose of the regulations; (iv) the regulation minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (v) the regulations are clearly written and easily understandable.

The comment period begins September 26, 2011, and ends on October 17, 2011.

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 Karen G. Sabasteanski, Policy Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218 (deliveries can be made to 629 East Main Street, Richmond, VA 23219), telephone [phone], FAX [phone], or email [e-mail].

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

Notice of Periodic 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 (DEQ) is conducting a periodic review of portions of the Regulations for the Control and Abatement of Air Pollution; specifically, certain regulations of 9VAC5-50, New and Modified Stationary Sources. The purpose of the regulations is to control emissions from specific types of new and modified existing stationary sources to protect human health and the environment. The specific regulations being reviewed are as follows: Part I- Special Provisions; Part II- Emission Standards: Article 2, Odorous emissions; Article 4, Stationary Sources; and Article 6, Medical Waste Incinerators. The regulations may be viewed on the DEQ air regulation web page: http://www.deq.state.va.us/air/regulations/airregs.html.

The review of these regulations 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 these regulations should be terminated, amended, or retained in their current form. Public comment is sought on the review of any issue relating to these regulations, including whether (i) the regulations are effective in achieving their goals; (ii) the regulations are necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (iii) there are available alternatives for achieving the purpose of the regulations; (iv) the regulation minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (v) the regulations are clearly written and easily understandable.

The comment period begins September 26, 2011, and ends on October 17, 2011.

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 Karen G. Sabasteanski, Policy Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218 (deliveries can be made to 629 East Main Street, Richmond, VA 23219), telephone [phone], FAX [phone], or email [e-mail].

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

Notice of Periodic 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 (DEQ) is conducting a periodic review of portions of the Regulations for the Control and Abatement of Air Pollution; specifically, 9VAC5-70, Air Pollution Episode Prevention. The purpose of the regulation is to prevent air pollution to protect human health and the environment. The regulation may be viewed on the DEQ air regulation web page: http://www.deq.state.va.us/air/regulations/airregs.html.

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 (i) the regulation is effective in achieving its goals; (ii) the regulation is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (iii) there are available alternatives for achieving the purpose of the regulation; (iv) the regulation minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (v) the regulation is clearly written and easily understandable.

The comment period begins September 26, 2011, and ends on October 17, 2011.

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 Karen G. Sabasteanski, Policy Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218 (deliveries can be made to 629 East Main Street, Richmond, VA 23219), telephone [phone], FAX [phone], or email [e-mail].

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

Notice of Periodic 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 (DEQ) is conducting a periodic review of portions of a regulation of the State Air Pollution Control Board; specifically, 9VAC5-221, Variance for Rocket Motor Test Operations at Atlantic Research Corporation Gainesville Facility. The purpose of the regulation is to control emissions from the Rocket Motor Test Operations at Atlantic Research Corporation's Gainesville Facility to protect human health and the environment. The regulation may be viewed on the DEQ air regulation web page: http://www.deq.state.va.us/air/regulations/airregs.html.

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 (i) the regulation is effective in achieving its goals; (ii) the regulation is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (iii) there are available alternatives for achieving the purpose of the regulation; (iv) the regulation minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (v) the regulation is clearly written and easily understandable.

The comment period begins September 26, 2011, and ends on October 17, 2011.

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 Karen G. Sabasteanski, Policy Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218 (deliveries can be made to 629 East Main Street, Richmond, VA 23219), telephone [phone], FAX [phone], 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.

Notice of Periodic 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 (DEQ) is conducting a periodic review of a regulation of the State Air Pollution Control Board; specifically, 9VAC5-510, General Permit for Nonmetallic Mineral Mining. The purpose of the regulation is to control emissions from nonmetallic mineral mining sources to protect human health and the environment. The regulation may be viewed on the DEQ air regulation webpage: http://www.deq.state.va.us/air/regulations/airregs.html.

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 (i) the regulation is effective in achieving its goals; (ii) the regulation is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (iii) there are available alternatives for achieving the purpose of the regulation; (iv) the regulation minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (v) the regulation is clearly written and easily understandable.

The comment period begins September 26, 2011, and ends on October 17, 2011.

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 Karen G. Sabasteanski, Policy Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218 (deliveries can be made to 629 East Main Street, Richmond, VA 23219), telephone [phone], FAX [phone], 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.

VIRGINIA BOARD FOR ASBESTOS, LEAD, MOLD, AND HOME INSPECTORS

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Asbestos, Lead, Mold, and Home Inspectors is currently reviewing each of the regulations listed below to determine whether it should be terminated, amended, or retained in their current form. The review of the regulations will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. Each regulation will be reviewed to determine 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.

18VAC15-11, Public Participation Guidelines

18VAC15-20, Virginia Asbestos Licensing Regulations

18VAC15-30, Virginia Lead-Based Paint Activities Regulations

18VAC15-40, Certified Home Inspector Regulations

18VAC15-60, Mold Inspector and Mold Remediator Licensing Regulation

The comment period begins September 26, 2011, and ends on October 17, 2011.

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 David E. Dick, Executive Director, Board for Asbestos, Lead, Mold, and Home Inspectors, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone [phone], FAX [phone], or email [e-mail]. Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency.

Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Total Maximum Daily Load for Bear Garden Creek and North Creek

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of a total maximum daily load (TMDL) for Bear Garden Creek and North Creek. Bear Garden Creek was listed on the 2002 § 303(d) TMDL Priority List and Report as impaired due to violations of the state's water quality standards for total fecal coliform bacteria. Bear Garden Creek is located in Buckingham County, Virginia. The impaired segment of the Bear Garden Creek is 9.2 miles in length, to include the entire headwaters and extends downstream to the mouth of the James River. North Creek was listed on the 2002 § 303(d) TMDL Priority List and Report as impaired due to violations of Virginia's water quality standards for benthics. North Creek is located in Fluvanna County, Virginia. The impaired segment of North Creek is ~6.5 miles, to include the entire headwaters and extends to the mouth of South Creek.

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.

The final public meeting on the development of the Bear Garden Creek and North Creek TMDL will be held on Tuesday, October 4, 2011, 7 p.m. in the Arvonia Firehouse located on Route 675 in Buckingham, Virginia. (From Dillwyn, Route 15 to North 12 miles. Left on Route 715. Left on Route 675. Arvonia firehouse on left (less than 1/4 mile)).

The public comment period for this phase of the TMDL development will end on November 2, 2011. A fact sheet on the development of the Bear Garden Creek and North Creek TMDL is available upon request. Questions or information requests should be addressed to Paula Nash. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Paula B. Nash, Department of Environmental Quality, 7705 Timberlake Road, Lynchburg, VA 24502, telephone [phone], FAX [phone], or email [e-mail].

Total Maximum Daily Load Study and Implementation Plan in Hoffler Creek; Cities of Suffolk and Portsmouth

The Virginia Department of Environmental Quality (DEQ) will host a public meeting on a water quality study for Hoffler Creek, located in the Cities of Suffolk and Portsmouth, on Tuesday, September 27, 2011.

The meeting will start at 6:30 p.m. in the Northern Shores Elementary School media room located at 6701 Respass Beach Road, Suffolk, Virginia. The purpose of the meeting is to provide information and discuss the study with interested local community members and local government.

Hoffler Creek (VAT-G15E_HOF01A06) 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.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop total maximum daily loads (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.

The meeting will review the final TMDL 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 implementation plan (IP) is developed to provide a clean up plan that will lead to attainment of the water quality standards. Public participation and stakeholder involvement are necessary in order to develop an effective and reasonable IP. This meeting will present the findings of the TMDL study and the necessary steps in the IP development. A Technical Advisory Committee (TAC) and/or work groups will also be formed in order to provide detailed information during the IP process.

The public comment period on materials presented at this meeting will extend from September 28, 2011, to October 27, 2011. For additional information or to submit comments, contact Jennifer Howell, Virginia Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone [phone], or email [e-mail]. Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

Cleanup Plan for Mill Creek Watershed, Northampton County

The Virginia Department of Environmental Quality (DEQ), Virginia Department of Conservation & Recreation, and the Northampton County Planning Department will host a public meeting on Monday, September 26, 2011, on the development of a cleanup plan for a waterway in Northampton County. Participants will have the opportunity to contribute to the watershed cleanup plan.

The meeting will start at 6:30 p.m. in the conference room of the Northampton County Administrative Offices located at 7247 Young Street, Machipongo, Virginia.

Citizens are invited to discuss the development of an implementation plan (IP) to address water quality impairments in the Mill Creek Watershed. Water quality monitoring indicates that levels of dissolved oxygen, pH, and bacteria in Mill Creek violate Virginia's water quality standards for its designated recreation use. A total maximum daily load (TMDL) study for the dissolved oxygen impairment was approved by EPA in 2009 and is available on DEQ's website at http://www.deq.virginia.gov/tmdl/develop.html.

The IP is developed to provide a clean up plan that will lead to attainment of the water quality standards. Public participation and stakeholder involvement are necessary to develop an effective and reasonable IP. This meeting will present the findings of the TMDL study and the necessary steps in the IP development. A Technical Advisory Committee (TAC) and/or work groups will also be formed in order to provide detailed information during the IP process.

How to comment: The public comment period on the development of the IP will end on October 26, 2011. Oral comments will be accepted and addressed at the public meeting. For additional questions or information or to submit comments, contact Jennifer Howell, TMDL Coordinator, Department of Environmental Quality, 5636 Southern Blvd., Virginia Beach, VA 23262, telephone [phone], FAX [phone], or email [e-mail]. Written comments and inquiries should include the name, address, and telephone number of the person submitting the comments.

Total Maximum Daily Load Studies in the Cities of Virginia Beach and Chesapeake

The Virginia Department of Environmental Quality (DEQ) will host a public meeting on water quality studies for several creeks located in the Cities of Virginia Beach and Chesapeake on Monday, October 3, 2011.

The meeting will start at 4 p.m. at Creeds Ruritan Barn, Virginia Beach Farm Bureau Office located at 1057 Princess Anne Road, Virginia Beach, Virginia. The purpose of the meeting is to provide information and discuss the study with interested local community members and local government.

Redhead Bay at Drum Point, Beggars Bridge Creek, Upper and Lower Hell Point Creek, Muddy Creek, Lower Ashville Bridge Creek, and Middle North Landing River were identified in Virginia's Water Quality Assessment and 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.

Pocaty River and Blackwater Creek were identified in Virginia's Water Quality Assessment and Integrated Report as impaired for not supporting the aquatic life use. The impairment is based on water quality monitoring data reports of sufficient violations of Virginia's water quality standard for dissolved oxygen.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia, require DEQ to develop total maximum daily loads (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.

During the study, DEQ will develop TMDLs for the 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, pollutant levels have to be reduced to the TMDL amount.

The public comment period on materials presented at this meeting will extend from October 4, 2011, to November 2, 2011. For additional information or to submit comments, contact Jennifer Howell, Virginia Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone [phone], or email [e-mail]. Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

Proposed State Implementation Plan Revision - Facility in Fluvanna County

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed plan regarding air pollution emitted by a facility in Fluvanna County, Virginia. The Commonwealth intends to submit the plan as a revision to the Commonwealth of Virginia state implementation plan (SIP) in accordance with the requirements of § 110(a) of the federal Clean Air Act. The SIP is the 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.

Purpose of notice: DEQ is seeking comments on whether a now-obsolete permit that had established emission limits for NO_X for certain affected units in compliance with the provisions of EPA's Phase II NO_X SIP Call Rule should be removed from the SIP.

Public comment period: September 26, 2011, to October 26, 2011.

Public hearing: Department of Environmental Quality, Valley Regional Office, 4411 Early Road, Conference Room, P.O. Box 3000, Harrisonburg, Virginia, at 6 p.m. on October 26, 2011.

Description of proposal: The Transcontinental Gas Pipe Line Corporation (Registration No. 40789) has permanently shut down four large stationary natural gas-fired, spark ignited, reciprocating IC engines that were permitted in order to comply with the provisions of EPA's Phase II NO_X SIP Call Rule. Because these units are permanently shut down, DEQ is requesting that EPA remove the permit from the SIP. Once EPA has approved this request and DEQ has notified the owner of this approval, the permit repeal will become effective 30 days later. DEQ is seeking comments on the issue of whether the now-obsolete permit should be removed from the SIP.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). 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.

How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, written 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. Commenters submitting faxes are encouraged to provide the signed original by postal mail within one week. Both oral and written comments are accepted at the public hearing. DEQ prefers that comments be provided in writing, along with any supporting documents or exhibits. All testimony, exhibits, and documents received are part of the public record. Please note this proposed plan is being concurrently reviewed by EPA.

To review proposal: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website at http://www.deq.virginia.gov/air/permitting/planotes.html. 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 locations:

1) Main Street Office, 629 East Main Street, 8th Floor, Richmond, VA, telephone [phone], and

2) Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA.

Contact Information: Deb Medlin, Department of Environmental Quality, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, telephone [phone], FAX [phone], or email [e-mail].

STATE LOTTERY DEPARTMENT

Director's Order

The following Director's Order of the State Lottery Department was filed with the Virginia Registrar of Regulations on September 1, 2011. The order 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 Eighty (11)

Virginia Lottery's "New Year Bonus Sweepstakes" Final Rules for Game Operation (effective on August 31, 2011, and remain in full force and effect unless amended or rescinded by further Director's Order. Upon the effective date, the rules supersede and replace any and all prior Virginia Lottery "New Year Bonus Sweepstakes" game rules.)

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Reimbursement of Incontinence Supplies by Contract

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 reimbursement for incontinence supplies.

Effective January 1, 2012, the Commonwealth of Virginia plans to reimburse incontinence supplies through a contractor selected by competitive bid as directed by Item 297 VVV of Chapter 874 of the 2010 Acts of Assembly and under the authority of § 1915(a)(1)(B) of the Social Security Act and 42 CFR 431.54(d). This contract is expected to save the agency $1.7 million annually and to improve the delivery of incontinence supplies to Medicaid members who require such services. Comments can be mailed to or copies of proposed changes can be requested from Carla Russell, Department of Medical Assistance Services, 600 East Broad Street, Richmond, VA 23219.

DMAS will provide copies of its regulatory action to all requesters. Please forward your 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 [phone], or email [e-mail].

BOARD FOR WASTE MANAGEMENT FACILITY OPERATORS

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Waste Management Facility Operators is conducting a periodic review of 18VAC155-11, Virginia Board for Waste Management Facility Operators Public Participation Guidelines. The review of the regulations will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. The purpose of the review is to determine whether the regulations should be terminated, amended, or retained in their current form.

Public comment is sought on the review of any issue relating to the regulations, including whether the regulations (i) are necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental 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.

The comment period begins September 26, 2011, and ends on October 17, 2011.

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 David E. Dick, Executive Director, Board for Waste Management Facility Operators, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone [phone], FAX [phone], or email [e-mail]. Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency.

Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board for Waste Management Facility Operators is conducting a periodic review of 18VAC155-20, Virginia Board for Waste Management Facility Operators Regulations. The review of the regulations will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. The purpose of the review is to determine whether the regulations should be terminated, amended, or retained in their current form.

Public comment is sought on the review of any issue relating to the regulations, including whether the regulations (i) are necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental 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.

The comment period begins September 26, 2011, and ends on October 17, 2011.

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 David E. Dick, Executive Director, Board for Waste Management Facility Operators, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone [phone], FAX [phone], or email [e-mail]. Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency.

Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219; Telephone: Voice [phone]; FAX [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/cmsportal3/cgi-bin/calendar.cgi.

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/cumultab.htm.

Filing Material for Publication in the Virginia Register of Regulations: Agencies are required to use the Regulation Information System (RIS) when filing regulations for publication in the Virginia Register of Regulations. The Office of the Virginia Register of Regulations implemented a web-based application called RIS for filing regulations and related items for publication in the Virginia Register. The Registrar's office has worked 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 (amending 13VAC5-63-120).

Publication: 27:26 VA.R. 2858-2863 August 29, 2011

Correction to Final Regulation:

Page 2861, 13VAC5-63-120, subsection T, Exception, line 2, after "certified by" change "a Registered Design Professional (RDP)" to "an RDP"

Page 2861, 13VAC5-63-120, subsection X, column 2, line 4, after "performed in accordance with" change "§" to "Section"

VA.R. Doc. No. R11-2911; Filed September 12, 2011, 3:17 p.m.