7 Governor

GOVERNOR

Vol. 29 Iss. 11 - January 28, 2013

GOVERNOR

STATE AIR POLLUTION CONTROL BOARD

State Implementation Plan Revision - 1997 Fine Particulate Matter National Ambient Air Quality Standards

Purpose of notice: The Department of Environmental Quality (DEQ) is seeking comments on the overall plan and on the issue of whether the plan enables the Northern Virginia PM_2.5 Nonattainment Area to maintain compliance with the 1997 PM_2.5NAAQS until at least 2025.

Public comment period: January 28, 2013, to February 26, 2013.

Public hearing: A public hearing will be conducted at the Fairfax County Government Center, in conference room 2/3, at 7 p.m. on February 25, 2013. The Fairfax County Government Center is located at 12000 Government Center Parkway, Fairfax, VA 22035. A map and directions may be found at http://www.fairfaxcounty.gov/maps/county/government-center.htm.

Description of proposal: The proposal consists of the following:

1. Air quality maintenance plan in support of a concurrent request to redesignate the Northern Virginia PM_2.5 Nonattainment Area (Counties of Arlington, Fairfax, Loudoun, and Prince William; Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park) to attainment: The purpose of the plan is to ensure that emissions of PM_2.5, sulfur dioxide (SO₂), and nitrogen oxides (NO_X) do not exceed the 2007 attainment year levels through 2025, enabling the area to continue meeting the 1997 NAAQS for PM_2.5. The plan contains control measures that are currently in place and will be continued in order to maintain the PM_2.5, SO₂, and NO_X emissions at or below the 2007 levels. These measures include, but are not limited to, federal control programs for on-road and non-road engines as well as limitations on local power plants. The plan also contains a program of contingency measures to be implemented if the air quality monitoring stations in the area record a violation of the 1997 PM_2.5 NAAQS or if emissions in the area increase above the 2007 levels, as well as information concerning emissions estimates, growth assumptions, emission factors, and reduction assumptions.

2. Motor vehicle emissions budgets for the years 2007, 2017, and 2025: The purpose of the motor vehicle emissions budgets is to ensure that transportation emissions conform to the requirements of the proposed plan for maintaining compliance with the 1997 PM_2.5 NAAQS (transportation conformity).

The proposed PM_2.5 redesignation request and maintenance plan were prepared by the Metropolitan Washington Air Quality Committee (MWAQC), which consists of elected officials from the affected localities and representatives of state transportation and air quality planning agencies.

The maintenance plan, which contains the motor vehicle emissions budgets, will be submitted as a SIP revision in conjunction with a request to Environmental Protection Agency from the Commonwealth to redesignate the Northern Virginia PM_2.5 Nonattainment Area as attainment/maintenance. DEQ is accepting comments on both the redesignation request and maintenance plan, but the redesignation request will not be submitted as part of the SIP revision.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). The proposed maintenance plan and supporting technical documents 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, comments must include the full name, address, and telephone number of the person commenting and be received by DEQ no later than the last day of the comment period. 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. Comments on the redesignation request and maintenance plan must be submitted to Doris A. McLeod at the address below.

To review the proposal: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website at http://www.deq.state.va.us/Programs/Air/PublicNotices/airplansandprograms.aspx. The documents may also be obtained by contacting the DEQ representative named above. The public may review the documents between 8:30 a.m. and 4:30 p.m. of each business day until the close of the public comment period at the following DEQ locations:

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

2) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone [phone].

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

Notice of Periodic Review

The Department of Environmental Quality (DEQ) will conduct a periodic review of portions of the Regulations for the Control and Abatement of Air Pollution, specifically, Article 28 (Emission Standards for Automobile and Light Duty Truck Coating Application Systems (Rule 4-28)) of 9VAC5-40, Existing Stationary Sources.

The purpose of the review is to determine whether the regulation should be terminated, amended, or retained in its current form. The review of the regulation will be guided by the principles listed in Executive Order Number Fourteen (2010) and § 2.2-4007.1 of the Code of Virginia. The department and the board are seeking public comments on the review of any issue relating to the regulation including whether (i) the regulation is effective in achieving its goals; (ii) the regulation is essential to protect the health, safety, or welfare of citizens or for the economical performance of important governmental functions; (iii) there are available alternatives for achieving the purpose of the regulation; (iv) there are less burdensome and less intrusive alternatives for achieving the purpose of the regulations; and (v) the regulation is clearly written and easily understandable by the affected persons. In addition, the department and the board are seeking public comment on ways to minimize the economic impact on small businesses in a manner consistent with the purpose of the regulations.

The regulation may be viewed on the DEQ air regulation webpage at http://www.deq.state.va.us/Programs/Air/LawsRegulations
Guidance.aspx.

The purpose of the regulation is to control emissions from specific types of existing stationary sources to protect human health and the environment. Section 10.1-1308 of the Code of Virginia requires that this regulation be promulgated. This regulation is designed to protect public health and welfare with the least possible costs and intrusiveness to the citizens and businesses of the Commonwealth and to provide the necessary procedures and rules by which the statute may be administered.

The comment period begins January 28, 2013, and ends on February 19, 2013.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Mary E. Major, Environmental Program Manager, 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 (804) 698-4423, 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

The Department of Environmental Quality (DEQ) will conduct a periodic review of portions of the Regulations for the Control and Abatement of Air Pollution, specifically, Article 3 (Federal Operating Permits for Acid Rain Sources), Article 4 (Insignificant Activities) and Article 5 (State Operating Permits) of 9VAC5-80, Permits for Stationary Sources.

The purpose of the review is to determine whether the regulations should be terminated, amended, or retained in their current form. The review of the regulations will be guided by the principles listed in Executive Order Number Fourteen (2010) and § 2.2-4007.1 of the Code of Virginia. The department and the board are seeking public comments on the review of any issue relating to the regulations including whether (i) the regulations are effective in achieving their goals; (ii) the regulations are essential to protect the health, safety, or welfare of citizens or for the economical performance of important governmental functions; (iii) there are available alternatives for achieving the purpose of the regulations; (iv) there are less burdensome and less intrusive alternatives for achieving the purpose of the regulations; and (v) the regulations are clearly written and easily understandable by the affected persons. In addition, the department and the board are seeking public comment on ways to minimize the economic impact on small businesses in a manner consistent with the purpose of the regulations.

The regulations may be viewed on the DEQ air regulation webpage at http://www.deq.state.va.us/Programs/Air/LawsRegulations
Guidance.aspx.

The purpose of the regulation is to control emissions from specific types of existing stationary sources to protect human health and the environment. Section 10.1-1308 of the Code of Virginia requires that these regulations be promulgated. This regulation is designed to protect public health and welfare with the least possible costs and intrusiveness to the citizens and businesses of the Commonwealth and to provide the necessary procedures and rules by which the statute may be administered.

The comment period begins January 28, 2013, and ends on February 19, 2013.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Gary Graham, Regulatory 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 (804) 698-4103, 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

The Department of Environmental Quality (DEQ) will conduct a periodic review of portions of the Regulation for Emissions Trading (9VAC5-140), specifically, Part I, NO_X Budget Trading Program.

The purpose of the review is to determine whether the regulation should be terminated, amended, or retained in its current form. The review of the regulation will be guided by the principles listed in Executive Order Number Fourteen (2010) and § 2.2-4007.1 of the Code of Virginia. The department and the board are seeking public comments on the review of any issue relating to the regulation including whether (i) the regulation is effective in achieving its goals; (ii) the regulation is essential to protect the health, safety, or welfare of citizens or for the economical performance of important governmental functions; (iii) there are available alternatives for achieving the purpose of the regulation; (iv) there are less burdensome and less intrusive alternatives for achieving the purpose of the regulation; and (v) the regulation is clearly written and easily understandable by the affected persons. In addition, the department and the board are seeking public comment on ways to minimize the economic impact on small businesses in a manner consistent with the purpose of the regulation.

The regulation may be viewed on the DEQ air regulation webpage at http://www.deq.state.va.us/Programs/Air/LawsRegulationsGuidance.aspx.

The purpose of the regulation is to control emissions from specific types of existing stationary sources to protect human health and the environment. Section 10.1-1308 of the Code of Virginia requires that these regulations be promulgated. This regulation is designed to protect public health and welfare with the least possible costs and intrusiveness to the citizens and businesses of the Commonwealth and to provide the necessary procedures and rules by which the statute may be administered.

The comment period begins January 28, 2013, and ends on February 19, 2013.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Mary E. Major, Environmental Program Manager, 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.

Initiation of a Water Quality Restoration Study (TMDL) in the Pamunkey River Mainstem and Tributaries in Spotsylvania, Hanover, New Kent, and King William Counties

Public meetings: Meetings are offered at different two convenient locations within the watershed. Two meetings will be held on Wednesday, February 20, 2013, at the Central Rappahannock Regional Library, Snow Branch, 8740 Courthouse Road, Spotsylvania, VA 22553, at 2 p.m. and 6 p.m. Two meetings will also be held on Thursday, February 21, 2013, at the Town Hall of Ashland, 101 Thompson Street, Ashland, VA 23005, at 2 p.m. and 6 p.m. All meetings are open to the public. Meeting materials and presentations are identical in terms of content. In the case of inclement weather, please contact Margaret Smigo at [phone].

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and consultant, MapTech Inc., are presenting preliminary data for the initiation of a total maximum daily load (TMDL) study to restore water quality at four public meetings (identical content), an opportunity for the public to share their knowledge of the watershed, and a public comment period following the meetings (February 22, 2013 through March 25, 2013).

Meeting description: Public meetings on a study to restore water quality along the Pamunkey River and tributaries (see table below) will feature preliminary information gathered for the watershed including land use, water quality monitoring, and suspected cause(s) of impairment. Those attending are invited to ask questions and to contribute their knowledge of the watershed. Presentation will be posted on the DEQ website following the meetings at: http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DocumentationforSelectTMDLs.aspx

Description of study: Virginia agencies have been working to identify sources of the bacterial contamination in the waters of the Pamunkey River and its tributaries in the following impaired waterways:

Stream	County/City	Length (mi.)	Impairment
Northeast Creek	Spotsylvania	2.74	Bacteria (Primary Contact / Swimming Use / Recreation Use)
Little River	Louisa	4.01
Beaverdam Creek	Hanover	8.47
Little River	Hanover	10.77
Mill Creek	Caroline	4.39
Pamunkey River	Caroline, Hanover, King William	12.26
Kersey Creek (trib to Crump Creek)	Hanover	2.76
(XJC) Crump Creek UT	Hanover	1.79
Pollard Creek (UT to Crump Creek)	Hanover	4.06
Crump Creek	Hanover	10.08
(XDW) Pamunkey River UT	King William	5.51
UT (XDX) to UT (XDW) to Pamunkey River	King William	3.85
Pamunkey River	Hanover, King William	0.305 sq miles (estuarine - tidal)
Jacks Creek and Tributaries	King William	21.05
(XID) Harrison Creek UT	King William	0.16
Harrison Creek	King William	2.80
Harrison Creek	King William	0.048 sq miles (estuarine – tidal)
Pamunkey River	King William, New Kent	3.634 sq miles (estuarine – tidal)

These streams are impaired for failure to meet the Primary Contact (Recreational or Swimming) designated use because of bacteria standard violations. This standard is meant to indicate excessive bacteria levels which may pose a threat to human health if bodily exposure to these waterways by recreation, such as "primary contact" or swimming, occurs. The study reports on the sources of bacterial contamination and recommends 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, bacterial levels need to be reduced to the TMDL amount.

How a decision is made: The development of a TMDL includes 2 sets of public meetings and comment periods; one to initiate the study and another to present the final draft TMDL report. This meeting is the first for the Pamunkey River and tributaries project. After the final public meeting and all public comments have been considered and addressed, DEQ will submit the TMDL report to the U.S. Environmental Protection Agency and the State Water Control Board for approval.

How to comment: DEQ accepts written comments by email, fax or postal mail. Written comments should include the name, address and telephone number of the person commenting and be received by DEQ during the comment period, which will begin on Friday, February 22, 2013, and end on Monday, March 25, 2013.

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

STATE WATER CONTROL BOARD

Proposed Enforcement Action for Acacia Credit Fund 10-A, L.L.C.

An enforcement action has been proposed for Acacia Credit Fund 10-A, L.L.C., for violations of the State Water Control Law and Regulations in Stafford County associated with the Oakley Farm development. The consent order describes a settlement to resolve unpermitted impacts to surface waters on the property. A description of the proposed action is available at the Department of Environmental Quality (DEQ) office named below or online at www.deq.virginia.gov. Stephanie Bellotti will accept comments by email at [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from January 29, 2013, through February 28, 2013.

Proposed Enforcement Action for MRK, L.L.C.

An enforcement action has been proposed for MRK, L.L.C., for alleged violations of the State Water Control Law at Vickie's Convenience Store and Gas Station in Portsmouth, VA. A description of the proposed action is available at the Department of Environmental Quality (DEQ) office named below or online at www.deq.virginia.gov. Mr. Robin Schuhmann will accept comments by email at [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, from January 28, 2013, to February 26, 2013.

Proposed Enforcement Action for the City of Portsmouth

An enforcement action has been proposed for the City of Portsmouth for alleged violations of the Virginia Pollutant Discharge Elimination System Permit at the Lake Kilby Water Treatment Facility at 105 Maury Place, Suffolk, VA. A description of the proposed action is available at the Department of Environmental Quality (DEQ) office named below or online at www.deq.virginia.gov. Paul R. Smith will accept comments by email at [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, from January 28, 2013, to February 27, 2013.

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]; FAX (804) 692-0625; Email: [e-mail].

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

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

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.