8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 31 Iss. 3 - October 06, 2014

GENERAL NOTICES/ERRATA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Development of Implementation Plans - Hampton Roads Planning District Commission

The Department of Environmental Quality (DEQ), the Hampton Roads Planning District Commission, the City of Hampton, York County, the City of Newport News, and the City of Poquoson invite citizens to a public meeting to discuss the development of implementation plans (IPs) to address fecal bacteria impairments to shellfishing and recreation in the Back and Poquoson River watersheds. Total maximum daily load (TMDL) studies for the impairments were approved by EPA in 2014 and are available on DEQ's website at http://www.deq.virginia.gov/Programs/Water/
WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMDLReports.aspx.

The implementation plans will identify ways to meet the pollutant reductions outlined in the TMDL studies.

The first public meeting to begin development of the TMDL implementation plans for the Back and Poquoson River watersheds will be held Wednesday, October 22, 2014, 5:30 p.m., Sandy Bottom Nature Park, 1255 Big Bethel Road, Hampton, VA 23666.

The purpose of the meeting is to discuss the proposed reductions in bacteria needed in the affected watersheds and to solicit public participation for the IP development. The IPs will include the corrective actions needed to reduce bacteria and the associated costs, benefits, and environmental impacts. The IPs will also provide measurable goals and a timeline of expected achievement of water quality objectives. A fact sheet on the development of the IPs is available upon request.

How to comment: The public comment period on development of the IPs will end on November 21, 2014. Oral comments will be accepted and addressed at the public meeting. Additional questions or information requests should be addressed to Dana Gonzalez. Written comments and inquiries should include the name, address, and telephone number of the person submitting the comments and should be sent to Dana Gonzalez at DEQ or Jill Sunderland at HRPDC:

Dana Gonzalez TMDL NPS Coordinator Department of Environmental Quality Tidewater Regional Office 5636 Southern Boulevard Virginia Beach, VA 23462 Telephone [phone] FAX [phone] [e-mail]

Jill Sunderland Water Resources Planner Hampton Roads Planning District Commission 723 Woodlake Dr. Chesapeake, VA 23320 Telephone [phone] FAX [phone] [e-mail]

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on September 4, 2014. The orders may be viewed at the Virginia Lottery, 900 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 201 North 9th Street, 2nd Floor, Richmond, Virginia.

Director's Order Number One Hundred Six (14)

Virginia Lottery's "Cash & Gas" Promotion Final Rules for Operation (effective October 14, 2014)

Director's Order Number One Hundred Seven (14)

Virginia Lottery's "The Big $20 Haul" Promotion Final Rules for Operation (effective October 14, 2014)

Director's Order Number One Hundred Ten (14)

Virginia's Instant Game Lottery 1519 "Casino Cash" Final Rules for Game Operation (effective September 2, 2014)

Director's Order Number One Hundred Twenty (14)

This order rescinds Director's Order Number Eighty-Five (14): "$1,000,000 Money Ball Retailer Incentive" Final Requirements for Program Operation (effective September 2, 2014)

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Medical Assistance Services is conducting a periodic review and small business impact review of Part III, HIV Premium Assistance Program (12VAC30-100-250 through 12VAC30-100-360) of 12VAC30-100 (State Programs).

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

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins October 6, 2014, and ends October 27, 2014.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Victoria Simmons, Regulatory Coordinator, Department of Medical Assistance Services, Policy Division, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

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

STATE WATER CONTROL BOARD

Proposed Consent Order for the Town of Kilmarnock

An enforcement action has been proposed for Greensville County for alleged violations at the Kilmarnock Wastewater Treatment Plant at 817 Waverly Avenue, Kilmarnock, VA. The State Water Control Board proposes to issue a consent special order to the Town of Kilmarnock to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at http://www.deq.virginia.gov. Frank Lupini will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from October 6, 2014, through November 6, 2014.

Proposed Consent Order for King George County Service Authority

Enforcement actions have been proposed for the King George County Service Authority for violations of State Water Control Law and regulations in King George County. The State Water Control Board proposes to issue consent orders to resolve violations at the Dahlgren District Wastewater Treatment Plant, the Purkins Corner Wastewater Treatment Plant, and the Oakland Park Wastewater Treatment Plant. Descriptions of the proposed actions are available at the Department of Environmental Quality office named below or online at http://www.deq.virginia.gov. Sarah Baker will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from October 7, 2014, through November 6, 2014.

Water Quality Management Planning Regulation

Notice of action: The State Water Control 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 Water Quality Management Planning Regulation (9VAC25-720) is to adopt 36 total maximum daily load (TMDL) wasteload allocations (WLAs).

Public comment period: October 6, 2014, through November 6, 2014.

Description of proposed action: DEQ staff will propose amendments of the Water Quality Management Planning Regulation for the James River Basin (9VAC25-720-60 A), Roanoke River Basin (9VAC25-720-80 A), Chowan River – Dismal Swamp Basin (9VAC25-720-100), Chesapeake Bay-Small Coastal-Eastern Shore Basin (9VAC25-720-110 A), and York River Basin (9VAC25-720-120 A). Statutory authority for promulgating these amendments can be found in subdivision 10 of § 62.1-44.15 of the Code of Virginia.

Staff intends to recommend the following: (i) that the board approve the TMDL reports as the plan for the pollutant reductions necessary for attainment of water quality goals in the impaired segments; (ii) that the board authorize inclusion of the TMDL reports in the appropriate Water Quality Management Plan; and (iii) that the board adopt 36 TMDL wasteload allocations as part of the Water Quality Management Planning Regulation in accordance with § 2.2-4006 A 4 c and B of the Code of Virginia.

The TMDL reports were developed in accordance with federal regulations (40 CFR 130.7) and are exempt from the provisions of Article 2 (§ 2.2-4006 et seq.) of the Virginia Administrative Process Act. The reports were 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.

As of July 1, 2014, TMDL WLAs can receive State Water Control Board approval prior to EPA approval due to amendments outlined in § 2.2-4006 A 14 of the Code of Virginia. With the exception of the Back Bay, North Landing River, and Pocaty River watersheds TMDL, which was approved by EPA on June 26, 2014, the other six TMDL reports in this public notice have been reviewed by EPA for required TMDL elements, however, remain in draft form awaiting State Water Control Board approval. The EPA approved report can be found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMDLReports.aspx and the draft reports can be found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.

Affected waterbodies and localities:

James River Basin (9VAC25-720-60 A):

1. "Benthic Total Maximum Daily Load (TMDL) Development for the North Creek Watershed"

• The North Creek TMDL, located in Fluvanna County, proposes sediment reductions for the watershed and provides a sediment wasteload allocation of 7.29 tons/yr.

• The North Creek TMDL, located in Fluvanna County, proposes total phosphorus reductions for the watershed and provides a total phosphorus wasteload allocation of 187.3 lbs/yr.

Roanoke River Basin (9VAC25-720-80 A):

2. "TMDLs for Benthic Impairments in Little Otter River (Sediment and Total Phosphorus), Johns Creek, Wells Creek, and Buffalo Creek (Sediment)"

• The Little Otter River, Johns Creek, Wells Creek, and Buffalo Creek Watersheds TMDL, located in the Town of Bedford and Bedford and Campbell Counties, proposes sediment reductions for the Lower Buffalo Creek, Upper Buffalo Creek, Lower Little Otter River, Upper Little Otter River, Johns Creek, and Wells Creek Watersheds and provides sediment wasteload allocations of 13.99 tons/yr, 25.51 tons/yr, 172.81 tons/yr, 24 tons/yr, 32.86 tons/yr, and 1.49 tons/yr.

• The Little Otter River, Johns Creek, Wells Creek, and Buffalo Creek Watersheds TMDL, located in the Town of Bedford and Bedford and Campbell Counties, proposes total phosphorus reductions for the Lower Little Otter River Watershed and provides a total phosphorus wasteload allocation of 2209.2 lbs/yr.

3. "Bacteria TMDL Development for Hyco River, Aarons Creek, Little Buffalo Creek, and Beech Creek Located in Halifax and Mecklenburg Counties, Virginia"

• The Hyco River, Aarons Creek, Little Buffalo Creek, and Beech Creek Watersheds TMDL, located in Halifax and Mecklenburg Counties, proposes bacteria reductions for the Hyco River, Aarons Creek, Beech Creek, and Little Buffalo Creek Watersheds and provides E. coli wasteload allocations of 2.72E+12 cfu/yr, 3.54E+11 cfu/yr, 5.06E+10 cfu/yr, and 1.02E+11 cfu/yr.

4. "Sediment TMDL Development for the Coleman Creek Watershed Located in Halifax County, Virginia"

• The Coleman Creek Watershed TMDL, located in Halifax County, proposes sediment reductions for the Coleman Creek Watershed and provides a sediment wasteload allocation of 22.3 tons/yr.

Chowan River – Dismal Swamp Basin (9VAC25-720-100):

5. "Total Maximum Daily Load Development for the Back Bay, North Landing River, and Pocaty River Watersheds"

• The Back Bay, North Landing River, and Pocaty River Watersheds TMDL, located in the Cities of Chesapeake and Virginia Beach, proposes phosphorus reductions for Pocaty River and Ashville Bridge Creek Watersheds and provides phosphorus wasteload allocations of 129.39 kg/yr and 34.46 kg/yr.

• The Back Bay, North Landing River, and Pocaty River Watersheds TMDL, located in the Cities of Chesapeake and Virginia Beach, proposes E. coli reductions for North Landing River and Pocaty River Watersheds and provides E. coli wasteload allocations of 6.25E+12 cfu/yr and 2.58E+12 cfu/yr.

• The Back Bay, North Landing River, and Pocaty River Watersheds TMDL, located in the Cities of Chesapeake and Virginia Beach, proposes Enterococci reductions for Beggars Bridge Creek, Ashville Bridge Creek and Muddy Creek, and upper and lower Hell Point Creek Watersheds and provides Enterococci wasteload allocations of 6.79E+11 cfu/yr, 7.95E+11 cfu/yr, and 2.04E+12 cfu/yr.

Chesapeake Bay-Small Coastal-Eastern Shore Basin (9VAC25-720-110 A):

6. "Bacteria TMDL Development in Red Bank Creek and Machipongo River, Virginia"

• The Red Bank Creek and Machipongo River Watersheds TMDL, located in Accomack and Northampton Counties, proposes E. coli reductions for the Red Bank Creek (riverine) Watershed and provides an E. coli wasteload allocation of 1.08E+8 cfu/yr.

• The Red Bank Creek and Machipongo River Watersheds TMDL, located in Accomack and Northampton Counties, proposes Enterococci reductions for the Red Bank Creek (estuarine) and Machipongo River (estuarine) and provides Enterococci wasteload allocations of 3.93E+6 cfu/yr and 9.03E+6 cfu/yr.

• The Red Bank Creek and Machipongo River Watersheds TMDL, located in Accomack and Northampton Counties, proposes fecal coliform reductions for the Red Bank Creek (shellfish) and Machipongo River (shellfish) and provides fecal coliform wasteload allocations of 5.10E+11 counts/yr and 2.04E+12 counts/yr.

York River Basin (9VAC25-720-120 A):

7. "E. coli TMDL Development for The Pamunkey River and Tributaries, VA"

• The Pamunkey River Watershed TMDL, located in Hanover, Louisa, King William, Caroline, Spotsylvania, and New Kent Counties, proposes bacteria reductions for the Northeast Creek, Upper Little River, Upper Pamunkey River/North Anna River, Middle Pamunkey River, Lower Pamunkey River, South Anna River (VAN-F01R-01), South Anna River (VAN-F02R-01), Taylors Creek (VAN-F03R-01), South Anna River (VAP-F04R-02), and South Anna River (VAP-F04R-01) Watersheds and provides E. coli wasteload allocations of 2.34E+12 cfu/yr, 5.61E+12 cfu/yr, 3.25E+13 cfu/yr, 2.36E+13 cfu/yr, 5.38E+13 cfu/yr, 4.92E+12 cfu/yr, 7.50E+12 cfu/yr, 3.66E+10 cfu/yr, 6.02E+12 cfu/yr, and 7.74E+12 cfu/yr.

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 who 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 reports are available on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMDLReports.aspx for the EPA approved report, http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx for the draft reports, and by contacting the DEQ representative listed below for any report. 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].

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/connect/commonwealth-calendar.

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

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

ERRATA

STATE WATER CONTROL BOARD

Title of Regulation: 9VAC25-151. General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Discharges of Storm Water Associated with Industrial Activity.

Publication: 30:11 VA.R. 1467-1550 January 27, 2014.

Correction to Final Regulation:

Page 1473, column 1, 9VAC25-151-50, Table 50-2, SIC Code 2421 row, Activity Represented column, should read: "General Sawmills and Planning Planing Mills."

Page 1485, column 2, 9VAC25-151-70 Part I, Table 70-3, Monitoring Frequency column, both rows, should read: "1/year 1/6 months"

Page 1500, column 2, 9VAC25-151-80, B 2 c (7), line two, should read: "under Part III B 4 3 c have occurred;"

Page 1504, column 2, 9VAC25-151-80 D 2 a (5), end of line three and beginning of line four should read: "or a VPDES permit"

VA.R. Doc. No. R13-3382; Filed September 15, 2014, 1:50 p.m.