8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 29 Iss. 4 - October 22, 2012

GENERAL NOTICES/ERRATA

STATE AIR POLLUTION CONTROL BOARD

Proposed Amendments to Northern Virginia Vehicle Emissions Inspection and Maintenance Program

Notice of action: The State Air Pollution Control Board is considering amendments to the Regulation for the Control of Motor Vehicle Emissions in Northern Virginia; specifically, provisions to implement a clean screen program that allows a motor vehicle owner to voluntarily certify compliance with the emissions standards by means of on-road remote sensing. The regulation of the board affected by this regulatory action is: Regulation for the Control of Motor Vehicle Emissions in Northern Virginia, 9VAC5-91, Clean Screen (Rev. MN).

Purpose of notice: The board is seeking comments through the Department of Environmental Quality (DEQ) on the (i) proposal, (ii) costs and benefits of the proposal, (iii) effects of the proposal on farm and forest land preservation, and (iv) impacts of the proposal on small businesses. The board is also seeking comment as to whether infrared light remote sensing devices (RSD) are the only technology to be used for clean screening vehicles or whether the regulation should include other technologies such as remote on-board diagnostics (OBD III). To that end, the proposal in 9VAC5-91-185 contains Option A (language that includes only infrared RSD) and Option B (language that includes both infrared and OBDIII).

Public comment period: September 24, 2012, to October 25, 2012.

Public comment stage: Notice of Public Comment.

Description of proposal: The proposed amendments are being made to conform to state law for the testing of emissions, including remote sensing, from motor vehicles located or primarily operated in Northern Virginia. Sections 46.2-1176 through 46.2-1187.3 of the Virginia Air Pollution Control Law (Chapter 10 of Title 46.2 of the Code of Virginia) authorizes the State Air Pollution Control Board to promulgate regulations for the control of motor vehicle emissions and for emissions testing including remote sensing. Specifically, the 2012 amendments to § 46.2-1178 C require the establishment by regulation of a phase-in of on-road testing requirements according to the following schedule: 10% of eligible vehicles subject to inspection requirements between July 1, 2012, and before July 1, 2013; 20% between July 1, 2013, and before July 1, 2014; and 30% after July 1, 2014.

The major provisions of the proposal are summarized below:

1. Include definitions that address the requirement for a clean screen program including terms such as: "Clean screen vehicle," "Clean screen notification," Clean screen vehicle standard," "High emitter values," "Motor vehicle emissions," "On-road clean screen program," "On-road emissions inspector," "On-road emissions measurement," "On-road high emitter emissions standard" and "Specific engine family."

2. Modify definitions as necessary to incorporate the clean screen program into the existing emissions inspection program including: "Confirmation test," "Emissions inspector," "Enhanced emissions inspection program," "Inspection area," Inspection fee," and "Remote sensing."

3. Provide clarity to distinguish between the high emitter program and the clean screen program and the vehicle emission standards for both. Add language that allows the criteria for clean screen vehicle selection and standards to be adjusted to comply with federal program requirements.

4. Provide language to integrate the clean screen program into the registration requirements of the enhanced emissions inspection program to ensure compliance with any necessary provisions of the existing inspection program.

5. Add provisions to address the legislative mandate to implement the clean screen program according to the statutory schedule of no more than 10% starting January 2012; no more than 20% starting January 2013; and no more than 30% starting January 2014, and ensure the program is compatible with the timing of the vehicle registration renewal notice from DMV. This also includes provisions so that owners may utilize the clean screen notification as proof of emissions inspection for vehicle registration purposes and language to ensure the contractor identifying clean screen vehicles may charge a fee for such notification that is comparable to the fee currently charged at service stations conducting emissions inspections.

6. Provide language in the alternate language of 9VAC5-91-185, Option B, necessary to allow for an on-road clean screen program utilizing remote onboard diagnostics.

The current vehicle inspection program in Northern Virginia requires that affected vehicles be presented to emissions inspection stations biennially to receive an emissions inspection. This is accomplished through a network of service stations, repair garages, and other similar facilities that perform the inspections. Cars and trucks that weigh up to 10,000 pounds and are 24 years old and newer are subject to an exhaust emissions inspection using ASM equipment which tests cars under "loaded" conditions using a dynamometer. On-Board Diagnostics Systems (OBD) on vehicles so equipped is also inspected. In addition, random testing of vehicles is accomplished using a remote sensing device next to the roadway. Vehicles which fail the on-road test are required to report to an inspection for an out-of-cycle test.

Locality particularly affected: The geographic coverage of the program consists of the counties of Arlington, Fairfax, Loudoun, Prince William, and Stafford and the cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park. The amendments to the regulation establish an additional means for an owner to demonstrate a vehicle's compliance with emissions standards with no impact on air quality expected. Therefore, no locality in the program area will bear any disproportionate material air quality impact from any other locality within the program area.

How to comment: DEQ accepts written comments by email, fax, and postal mail. All written comments must include the full name, address and telephone number of the person commenting and be received by DEQ on 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. All comments, exhibits and documents received are part of the public record.

To review regulation documents: The proposal and an analysis conducted by DEQ (including a summary, legal basis, purpose, substance, issues, requirements more restrictive than federal, localities particularly affected, public participation, economic impact, alternatives, regulatory flexibility analysis, regulatory advisory panel, and family impact), are available on the DEQ Air Public Notices for Regulations website (http://www.deq.state.va.us/Programs/Air/PublicNotices/AirRegulations.aspx). 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 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: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, (804) 698-4423, FAX [phone], TDD [phone], or email [e-mail].

APPRENTICESHIP COUNCIL

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 Labor and Industry and the Virginia Apprenticeship Council are conducting a periodic review of 16VAC20-11, Public Participation Guidelines. 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 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 October 22, 2012, and ends on November 13, 2012.

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, Department of Labor and Industry, Main Street Centre, 600 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.

STATE CORPORATION COMMISSION

Bureau of Insurance

October 1, 2012

Administrative Letter 2012-10

To: All Property and Casualty Insurers and Other Interested Parties

Re: Licensing of Public Adjusters in Virginia, effective January 1, 2013

During the 2012 General Assembly session, the Virginia General Assembly enacted legislation that established standards for the licensing of public adjusters in the Commonwealth of Virginia. House Bill No. 872 and Senate Bill No. 520, which currently appear in Article 4.1 of Chapter 18 (§§ 38.2-1845.1 through 38.2-1845.23) of Title 38.2 of the Code of Virginia, provide that beginning on January 1, 2013, any resident and nonresident individual or business entity that acts as a public adjuster in Virginia must obtain a license from the State Corporation Commission's Bureau of Insurance ("Bureau").

This licensing requirement applies to any individual or business entity that receives a salary, fee, commission, or other compensation, either directly or indirectly, for investigating, negotiating, adjusting, or providing advice to an insured in relation to first party claims arising under insurance contracts that insure real or personal property of an insured with the purpose of effecting the settlement of a claim on behalf of the insured.

All public adjuster applicants, including both individual and business entities, are required to meet certain pre-licensing and renewal requirements. All resident individual public adjuster applicants must: (i) pass the Virginia pre-licensing Public Adjuster examination, (ii) obtain a Virginia Criminal History Record Report from the Virginia State Police, (iii) pay a $250.00 nonrefundable application processing fee, (iv) meet the delineated continuing education ("CE") requirements discussed below, and (v) certify via electronic attestation that they have, and will keep in force for as long as the license remains in effect, a $50,000 bond in favor of the Commonwealth with corporate sureties licensed by the Commission.

All licensed public adjusters are required to renew their licenses every twenty-four (24) months from the original public adjuster license issue date. In conjunction with this renewal process, Virginia resident public adjusters must complete a minimum of twenty-four (24) hours of CE courses, including three (3) hours of ethics, and pay a nonrefundable $15 CE processing fee. If a resident public adjuster fails to meet such renewal or CE requirements, the resident public adjuster’s license will not be renewed.

Article 4.1 of Chapter 18 of Title 38.2 requires that nonresident public adjusters: (i) be in good standing and currently licensed or otherwise authorized as a resident public adjuster in their home state, and (ii) pay a $250.00 nonrefundable application processing fee. While nonresident public adjusters must comply with the renewal requirements discussed above, the corresponding CE requirements do not apply to nonresident public adjuster licensees who have met the CE requirements of their home state.

Visit www.scc.virginia.gov/boi/pro/adj.aspx to review the Public Adjuster Guide and beginning December 17, 2012, to submit the electronic public adjuster application.

To register for the public adjuster pre-licensing examination, which will be available on November 1, 2012, visit Pearson VUE's website, www.asisvcs.com/indhome.asp?CPCAT=1253INS.

To obtain a Virginia Criminal History Record Report from the Virginia State Police, visit www.vsp.state.va.us.

Questions concerning this administrative letter may be addressed to: Preston Winn, Manager, Producer Licensing Section, Bureau of Insurance, State Corporation Commission, [e-mail], telephone [phone].

/s/ Jacqueline K. Cunningham
Commissioner of Insurance

BOARD OF CORRECTIONS

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 of Corrections is currently reviewing each of the regulations listed below to determine whether it should be terminated, amended, or retained in its 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.

6VAC15-11, Public Participation Guidelines

6VAC15-70, Standards for Community Residential Programs

The comment period begins October 22, 2012, and ends on November 21, 2012.

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 Jim Bruce, Agency Regulatory Coordinator, P.O. Box 26963, Richmond, VA 23261-6963, telephone [phone], ext. 1130, FAX (804) 674-3017, 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 Study for Banister River in Halifax County

The Department of Environmental Quality (DEQ) will host a public meeting on a water quality study for the Halifax County streams on Thursday, November 1, 2012. The meeting will start at 7 p.m. in the Mary Bethune Complex, Bethune Public Meeting Room located at 1030 Mary Bethune Street, Halifax, VA 24558. The purpose of the meeting is to provide information and discuss the study with interested local community members and local government.

Banister River (VAC-L71R_BAN06A08, VAC-L71R_BAN04A00, and VAC-L71R_BAN05A00) 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.

Winn Creek (VAC-L71R_WNN01A06) 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.

Gibson Creek (VAC-L71R_GIB01A08) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the Aquatic Life Use. The impairment is based on water quality monitoring data reports of sufficient exceedances 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 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 the Halifax County meeting will extend from November 1, 2012, to December 3, 2012. 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 [phone] or email [e-mail].

Bacteria TMDL Modification of Pamunkey River Basin TMDL in Hanover, King William, and New Kent Counties

The Department of Environmental Quality (DEQ) seeks public comment from interested persons on proposed minor modifications of the total maximum daily loads (TMDLs) developed for impaired segments Totopotomoy Creek (F13R-02) and the Pamunkey River (F13E-02). The TMDL was approved by the Environmental Protection Agency on August 2, 2006, and is available at http://www.deq.virginia.gov/portals/0/ DEQ/Water/TMDL/apptmdls/yorkrvr/pamunk.pdf.

Description of proposed changes to the Totopotomoy Creek (F13R-02) TMDL: The Totopotomoy Sewage Treatment Plant (STP) (permit #VA0089915) is a VPDES major municipal facility with a design flow of 0.010 MGD (million gallons per day). In a recent modification, this facility was mistakenly allocated to the Totopotomoy Creek watershed, when it should have been allocated to the Pamunkey River (F13E-02) watershed. To correct this error, DEQ proposes to revise the TMDL by taking the newly allocated WLA of 1.74E+10 E. coli (cfu/yr) that was assigned to the Totopotomoy STP and moving it to Future Growth. This change will not affect the total WLA or LA values and results in a 0% change with respect to the TMDL.

Description of proposed changes to the Pamunkey River (F13E-02) TMDL:

1. The Totopotomoy Sewage Treatment Plant (STP) (permit #VA0089915) is a VPDES major municipal facility with a design flow of 10 MGD (million gallons per day). DEQ proposes to revise the TMDL by assigning a WLA of 1.74E+13 E. coli (cfu/yr) to accommodate this facility at a maximum design flow of 10 MGD and an E. coli concentration at the WQS of 126 cfu/100 ml. DEQ proposes to allocate the WLA by retaining the existing Future Growth and subtracting from Load Allocation (non-point source), which results in a change of the LA value from 7.40E+12 to 7.22E+14 E. coli (cfu/yr). This will result in a cumulative change of 2.4% with respect to the TMDL.  In some circumstances, changes >1.0% change with respect to the TMDL necessitate the need to consider a re-evaluation of the TMDL model. In this case, the Tototpotomoy STP was a discharger mistakenly left out of the TMDL during development and the TMDL for this segment is contracted for redevelopment in 2013. Therefore, DEQ does not believe the proposed WLA for the facility will cause or contribute to the nonattainment of the Pamunkey River basin and the TMDL remodeling issue will be resolved over the next year in the new TMDL.

2. DEQ proposes to correct the bacteria load allocation and revise the reduction percentage values stated in Table 5.37 of the document to be consistent with Table 3.6 (where livestock reductions of 99% are described) and to accommodate load allocation revisions.

The public comment period for these modifications will begin on October 22, 2012, and will end on November 23, 2012. Please send comments to Margaret Smigo, Department of Environmental Quality, Piedmont Regional Office, 4969-A Cox Road, Glen Allen, VA 23060, email at [e-mail], or FAX (Attn. Margaret Smigo) at [phone]. Following the comment period, a modification letter and comments received will be sent to EPA for approval final approval. For more information please contact Margaret Smigo.

DEPARTMENT OF FORESTRY

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 Forestry is conducting a periodic review of 4VAC10-11, Public Participation Guidelines. 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 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 October 22, 2012, and ends on November 14, 2012.

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 Ron Jenkins, Assistant State Forester, Department of Forestry, 900 Natural Resources Drive, Suite 800, Charlottesville, VA 22901, 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.

STATE BOARD OF HEALTH

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 Health is currently reviewing each of the regulations listed below to determine whether it should be terminated, amended, or retained in its 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.

12VAC5-215, Rules and Regulations Governing Health Data Reporting

12VAC5-216, Methodology to Measure Efficiency and Productivity of Health Care Institutions

12VAC5-217, Regulations of the Patient Level Data System

12VAC5-218, Rules and Regulations Governing Outpatient Data Reporting

The comment period begins October 22, 2012, and ends on November 12, 2012.

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 Kim Barnes, Policy Planning Specialist, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7661, 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 Health is currently reviewing each of the regulations listed below to determine whether it should be terminated, amended, or retained in its 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.

12VAC5-220, Virginia Medical Care Facilities Certificate of Public Need Rules and Regulations

12VAC5-408, Regulation for the Certificate of Quality Assurance of Managed Care Health Insurance Plan (MCHIP) Licensees

The comment period begins October 22, 2012, and ends on November 12, 2012.

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 Carrie Eddy, Policy Analyst, Office of Licensure and Certification, Department of Health, 9960 Mayland Drive, Suite 401, 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 LABOR AND INDUSTRY

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 Labor and Industry is conducting a periodic review of 16VAC15-11, Public Participation Guidelines. 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 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 October 22, 2012, and ends on November 13, 2012.

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, Department of Labor and Industry, Main Street Centre, 600 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.

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 September 24, 2012. The orders 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 Ninety-Seven (12)

"You Activate/We Pay" Virginia Lottery Retailer Incentive Program Requirements (effective September 20, 2012)

Director's Order Number One Hundred (12)

"Fas Mart/Shore Stop Sip, Scratch & Win 2" Virginia Lottery Retailer Incentive Program Requirements (effective September 24, 2012)

Director's Order Number One Hundred Six (12)

Virginia's Instant Game Lottery 1385 "Black Cherry Doubler" Final Rules for Game Operation (effective September 24, 2012)

Director's Order Number One Hundred Seven (12)

Virginia's Instant Game Lottery 1391 "Money In The Bank" Final Rules for Game Operation (effective September 24, 2012)

STATE WATER CONTROL BOARD

Proposed Consent Order for Fork Union Sanitary District

An enforcement action has been proposed for the Fork Union Sanitary District for violations in Fluvanna County. A proposed consent order describes a settlement to resolve unauthorized discharge violations from the Omohundro Well and Morris Well water treatment plants. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Steven W. Hetrick will accept comments by email at [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 22801, from October 22, 2012, to November 21, 2012.

Proposed Consent Special Order for Harvest Garden Pro, LLC

An enforcement action has been proposed for Harvest Garden Pro, LLC, for alleged violations at Harvest Garden Pro, LLC, Doswell Site, 17554 and 17560 Washington Highway, Hanover County, VA. The State Water Control Board proposes to issue a consent special order to Harvest Garden Pro, LLC to address noncompliance with State Water Control Board law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Gina Pisoni will accept comments by email at [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from October 22, 2012, to November 24, 2012.

Proposed Consent Special Order for The McGurn Company, Inc.

An enforcement action has been proposed for The McGurn Company, Inc., for alleged violations at Green Top Center Drive Development, Hanover County, Virginia. The State Water Control Board proposes to issue a consent special order to The McGurn Company, Inc., to address noncompliance with State Water Control Board law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Gina Pisoni will accept comments by email at [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from October 22, 2012, to November 24, 2012.

Proposed Consent Special Order for Vane Line Bunkering

An enforcement action has been proposed for Vane Line Bunkering, Inc., for an alleged discharge of petroleum products at the mouth of the York River at New Point Comfort, Mathews County, Virginia. The State Water Control Board proposes to issue a consent special order to Vane Line Bunkering to address noncompliance with State Water Control Board law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from October 22, 2012, to November 22, 2012.

Proposed Consent Order for Watts Petroleum Corporation

An enforcement action has been proposed for Watts Petroleum Corporation for violations of the State Water Control Law and Regulation in Bedford County. The State Water Control Board proposes to issue a Consent Order to Watts Petroleum Corporation to resolve violations regarding a petroleum spill which occurred on US 460 East in the vicinity of Montvale on May 28, 2012. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. G. Marvin Booth, III will accept comments by email at [e-mail], FAX (434) 582-5125 or postal mail at Department of Environmental Quality, 7705 Timberlake Road, Lynchburg, VA 24502, from October 23, 2012, to November 21, 2012.

Amendment of Water Quality Management Planning Regulation

Notice of action: The State Water Control Board (board) is considering the amendment of the regulation on water quality management planning in accordance with the Public Participation Procedures for Water Quality Management Planning. A regulation is a general rule governing people's rights or conduct that is upheld by a state agency.

Purpose of notice: The board is seeking comments through the Department of Environmental Quality (DEQ) on the proposed amendment. The purpose of the amendment to the state's Water Quality Management Planning Regulation (9VAC25-720) is to adopt nine total maximum daily load (TMDL) waste load allocations.

Public comment period: October 22, 2012, to November 26, 2012.

Description of proposed action: DEQ staff will propose amendments of the state's Water Quality Management Planning regulation for the New River Basin (9VAC25-720-130 A). Statutory authority for promulgating these amendments can be found in § 62.1-44.15 (10) of the Code of Virginia.

Staff intends to recommend (i) that the board approve the TMDL report as the plan for the pollutant reductions necessary for attainment of water quality goals in the impaired segments and (ii) that the board adopt nine TMDL waste load allocations as part of the state's Water Quality Management Planning Regulation in accordance with §§ 2.2-4006 A 4 c and 2.2-4006 B of the Code of Virginia.

The TMDL report was developed in accordance with federal regulations (40 CFR § 130.7) and is exempt from the provisions of Article 2 of the Virginia Administrative Process Act. The report was subject to the TMDL public participation process contained in DEQ's Public Participation Procedures for Water Quality Management Planning. The public comment process provides the affected stakeholders an opportunity for public appeal of the TMDL. EPA approved the TMDL presented under this public notice. The approved report can be found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMDLReports.aspx

Affected Waterbodies and Localities:

In the New River Basin (9VAC25-720-130 A):

Total Maximum Daily Load (TMDL) Development Little River Watershed, Virginia.

• The Little River Watershed TMDL, located in Floyd, Franklin, Montgomery, Patrick and Pulaski counties, provides temperature and sediment reductions for the watershed. It provides one wasteload allocation for sediment in the entire watershed and the wasteload allocation is 116.49 tons/year of sediment.  It provides eight wasteload allocations for temperature in the watershed's streams and the wasteload allocations with their respective streams are: Little River (VAW-N19_LRV01A00), 1.66 Joules/m²/second; Little River (VAW-N19R_LRV02A00), 1.44 Joules/ m²/second; Little River (VAW-N19R_LRV03A00), 1.03 Joules/ m²/second; Pine Creek, 1.35 Joules/ m²/second; West Fork Dodd Creek, 0.99 Joules/ m²/second; Dodd Creek (VAW-N20R_DDD02A00), 1.3 Joules/ m²/second; Dodd Creek (VAW-N20R_DDD01A00), 0.82 Joules/ m²/second; Big Indian Creek, 1.2 Joules/ m²/second.

How to comment: DEQ accepts written comments by email, fax, and postal mail. All written comments must include the full name, address, and telephone number of the person commenting and be received by DEQ by 5 p.m. on the last day of the comment period.

How a decision is made: After comments have been considered, the board will make the final decision. Citizens that submit statements during the comment period may address the board members during the board meeting at which a final decision is made on the proposal.

To review documents: The TMDL report is available on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMDLReports.aspx and by contacting the DEQ representative named below. The electronic copies are in PDF format and may be read online or downloaded.

Contact for public comments, document requests, and additional information: Liz McKercher; Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX: [phone], or email [e-mail].

Approval of Water Quality Management Planning Actions

Notice of action: The State Water Control Board (board) is considering the approval of one total maximum daily load (TMDL) modification and granting authorization to include the modification in the appropriate Water Quality Management Plans (WQMPs).

Purpose of notice: The board is seeking comment on the proposed approvals and authorizations. The purpose of these actions is to approve one TMDL modification as Virginia's plan for the pollutant reductions necessary for attainment of water quality goals an impaired waterbody. These actions are taken in accordance with the Public Participation Procedures for Water Quality Management Planning.

Public comment period begins October 22, 2012, and ends on November 26, 2012.

Description of proposed action: Department of Environmental Quality (DEQ) staff intends to recommend that the DEQ Director approve the TMDL modification listed below as Virginia's plans for the pollutant reductions necessary for attainment of water quality goals in the impaired segments. No regulatory amendments are required for these TMDLs and their associated waste load allocations.

At previous meetings, the board voted unanimously to delegate to the DEQ Director the authority to approve TMDLs that do not include waste load allocations requiring regulatory adoption by the board, provided that a summary report of the action the Director plans to take is presented to the board prior to the Director approving the TMDL reports. The TMDLs included in this public notice will be approved using this delegation of authority.

The TMDLs listed below were developed in accordance with federal regulations (40 CFR § 130.7) and are exempt from the provisions of Article 2 of the Virginia Administrative Process Act. The TMDLs have been through the TMDL public participation process contained in DEQ's Public Participation Procedures for Water Quality Management Planning. The public comment process provides the affected stakeholders an opportunity for public appeal of the TMDLs. EPA approved all TMDL reports presented under this public notice. The approved reports can be found at https://www.deq.virginia.gov/TMDLDataSearch/ReportSearch.jspx.

Affected Waterbodies and Localities:

In the James River Basin:

Modification to "Total Maximum Daily Load Development for the James River and Tributaries – Lower Piedmont Region"

• The modification includes the addition of four Domestic Dischargers to the TMDL.

How to comment: DEQ accepts written comments by email, fax, and postal mail. All written comments must include the full name, address, and telephone number of the person commenting and be received by DEQ by 5 p.m. on the last day of the comment period.

How a decision is made: After comments have been considered, the board will make the final decision.

To review documents: The TMDL reports and TMDL implementation plans are available on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMDLReports.aspx and by contacting the DEQ representative named below. The electronic copies are in PDF format and may be read online or downloaded.

Contact for public comments, document requests and additional information: Liz McKercher, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Approval of Water Quality Management Planning Actions

Notice of action: The State Water Control Board (board) is considering the approval of seven total maximum daily load implementation plans (TMDL IPs) and granting authorization to include the TMDL implementation plans in the appropriate Water Quality Management Plans (WQMPs).

Purpose of notice: The board is seeking comment on the proposed approvals and authorizations. The purpose of these actions is to approve seven TMDL IPs as Virginia's plans for the management actions necessary for attainment of water quality goals in several impaired waterbodies. These actions are taken in accordance with the Public Participation Procedures for Water Quality Management Planning.

Public comment period begins October 22, 2012, and ends on November 26, 2012.

Description of proposed action: Department of Environmental Quality (DEQ) staff intends to recommend that the DEQ Director approve the TMDL IPs listed below as Virginia's plans for the management actions necessary for attainment of water quality goals in the impaired segments. No regulatory amendments are required for these TMDL IPs.

At previous meetings, the board voted unanimously to delegate to the DEQ Director the authority to approve TMDL implementation plans, provided that a summary report of the action the Director plans to take is presented to the board prior to the Director’s approval. The TMDL Implementation Plans included in this public notice will be approved using this delegation of authority.

The TMDLs listed below were developed in accordance with 1997 Water Quality Monitoring, Information and Restoration Act (WQMIRA, §§ 62.1-44.19:4 through 62.1-44.19:8 of the Code of Virginia) and federal recommendations. The TMDL IPs were developed in accordance with DEQ's Public Participation Procedures for Water Quality Management Planning. Extensive public participation was solicited during the development of the plans, and the public comment process provided the affected stakeholders with opportunities for comment on the proposed plans. The final TMDL IPs can be found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLImplementation/TMDLImplementationPlans.aspx.

Affected Waterbodies and Localities:

In the Tennessee/Big Sandy River Basin:

1. "A Plan to Reduce Fecal Bacteria, Sediment and Total Dissolved Solids in the Upper Clinch River Watershed"

• The IP proposes management actions needed to reduce bacteria and sediment and restore the recreation and aquatic life uses in the Upper Clinch River watershed, located in Tazewell County.

In the New River Basin:

2. "Little River Total Maximum Daily Load Implementation Plan"

• The IP proposes management actions needed to restore the natural trout and stockable trout temperature water quality standards, and reduce bacteria and sediment to restore the primary contact (swimming) and aquatic life designated uses in the Little River watershed located in Floyd and Montgomery counties.

In the James River Basin:

3. "TMDL Implementation Plan for Hoffler Creek"

• The IP proposes management actions needed to reduce bacteria and restore the primary contact (swimming) use in Hoffler Creek located in Suffolk and Portsmouth.

4. "Implementation Plan for the Fecal Coliform TMDL for the Upper Nansemond River"

• The IP proposes management actions to reduce bacteria and restore the primary contact (swimming) and shellfishing uses in the Upper Nansemond River and Shingle Creek located in Suffolk and Isle of Wight counties.

In the Roanoke River Basin:

5. "A Plan to Reduce Bacteria Sources in the Upper Banister River and Tributary Watersheds"

• The IP proposes management actions to reduce bacteria and restore the primary contact (swimming) use in Upper Banister River, Bearskin Creek, Cherrystone Creek, Stinking River, and Whitehorn Creek located in Pittsylvania County.

In the Rappahannock River Basin:

6. "Upper Hazel River Bacteria Total Maximum Daily Load Implementation Plan"

• The IP proposes management actions to reduce bacteria and restore the primary contact (swimming) use in Upper Hazel River, Rush River, and Hughes River located in Rappahannock County.

In the Chesapeake Bay - Small Coastal - Eastern Shore Basin:

7. "TMDL Implementation Plan for Mill Creek"

• The IP proposes management actions to improve dissolved oxygen and pH levels to restore the aquatic life use in Mill Creek located in Northampton County.

How to comment: DEQ accepts written comments by email, fax, and postal mail. All written comments must include the full name, address, and telephone number of the person commenting and be received by DEQ by 5 p.m. on the last day of the comment period.

How a decision is made: After comments have been considered, the board will make the final decision.

To review documents: The TMDL implementation plans are available on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLImplementation/TMDLImplementationPlans.aspx and by contacting the DEQ representative named below. The electronic copies are in PDF format and may be read online or downloaded.

Contact for public comments, document requests and additional information: Liz McKercher, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Proposed FY2013 Revolving Load Fund List

The Board is presenting its draft list of targeted FY 2013 loan recipients for public review and comment. A public meeting will be held at 2 p.m. on Wednesday, November 7, 2012, in the Department of Environmental Quality's (DEQs) 11th Floor Conference Room, 629 East Main Street, Richmond, VA 23219. The public review and comment period will end immediately following the public meeting.

On May 31, 2012, DEQ solicited applications from the Commonwealth's localities and wastewater authorities as well as potential land conservation applicants and Brownfield remediation clientele. July 13, 2012, was established as the deadline for receiving applications. Based on this solicitation, DEQ received thirteen (13) wastewater improvement applications requesting $53,083,546 and one (1) stormwater management application for an additional $1,060,650.

All 13 wastewater applications were evaluated in accordance with the program's "Funding Distribution Criteria" and the Board's "Bypass Procedures." In keeping with the program objectives and funding prioritization criteria, the staff reviewed project type and impact on state waters, the locality's compliance history and fiscal stress, and the project's readiness-to-proceed. The one stormwater application was reviewed in accordance with the Board's Priority Ranking Criteria for Stormwater projects, in consultation with the Department of Conservation and Recreation. All applications are considered to be of good quality and should provide significant water quality and environmental improvement.

Based on these considerations, the Board approved the staff recommendation to authorize funding for $54,144,196 for all 14 projects (City of Lynchburg, Town of Rural Retreat, City of Salem, Scott Co. Public Service Authority, Town of Grottoes, Augusta Co. Service Authority, Town of Clifton Forge, King George Co. Service Authority, City of Norfolk, Tazewell Co. Public Service Authority, Town of Coeburn, C-N-W Waste Water Treatment Authority, Loudoun Water, and City of Richmond - stormwater).

Contact Information: Walter Gills, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4133, or email [e-mail].

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 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.