8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 33 Iss. 7 - November 28, 2016

AIR POLLUTION CONTROL BOARD

State Implementation Plan Revision - Clean Air Interstate Rule Regulations Repeal

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed revision to the Commonwealth of Virginia State Implementation Plan (SIP). The SIP is a 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. The Commonwealth intends to submit the regulations to the EPA as a revision to the SIP in accordance with the requirements of § 110(a) of the federal Clean Air Act.

Regulations affected: The regulation of the board affected by this action is the Regulation for Emissions Trading, specifically, the NOX Annual Trading Program, the NOX Ozone Season Trading Program, and the SO2 Annual Trading Program (Parts II, III, and IV of 9VAC5-140), Revision D16. These regulations comprise the Clean Air Interstate Rule (CAIR) Program.

Purpose of notice: DEQ is seeking comment on the issue of whether the regulation amendments should be submitted as a revision to the SIP.

Public comment period: November 28, 2016, to December 28, 2016.

Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed below. In order to be considered, the request must include the full name, address, and telephone number of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be conducted.

Public comment stage: The regulation amendments are exempt from the state administrative procedures for adoption of regulations contained in Article 2 of the Administrative Process Act by the provisions of § 2.2-4006 A 4 c of the Code of Virginia because the amendments are necessary to meet the requirements of the federal Clean Air Act and do not differ materially from the pertinent EPA regulations. Since the amendments are exempt from administrative procedures for the adoption of regulations, DEQ is accepting comment only on the issue cited under "purpose of notice" and not on the content of the regulation amendments.

Description of proposal: CAIR was an emissions trading program intended to control nitrogen oxides (NO_X) and sulfur dioxide (SO₂), which contribute to harmful levels of fine particle matter and ozone in downwind states. On August 8, 2011 (76 FR 48208), EPA replaced CAIR with the Cross-State Air Pollution Rule (CSAPR). CSAPR Phase 1 implementation was scheduled for 2015, with Phase 2 beginning in 2017. CSAPR is being implemented in Virginia under the associated federal implementation plan (FIP) and no further regulatory action is needed at the state level for this purpose. Chapter 291 of the 2011 Acts of Assembly requires that §§ 10.1-1327 and 10.1-1328 of the Code of Virginia, and any regulations implementing CAIR, be repealed when facilities in the Commonwealth become subject to the requirements of a FIP adopted by EPA in response to the remand of CAIR. Because CAIR has been replaced by CSAPR, and Virginia is subject to the CSAPR FIP, Virginia may now, as required by Chapter 291, repeal its CAIR regulations.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law. 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. It is planned to submit all provisions of the proposal as a revision to the SIP.

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 by the last day of the comment period. All materials received are part of the public record.

To review regulation documents: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website at http://www.deq.virginia.gov/Programs/Air/PublicNotices/airplansandprograms.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, 8th Floor, 629 East Main Street, Richmond, VA, telephone [phone],

2) Southwest Regional Office, 355 Deadmore Street, Abingdon, VA, telephone [phone],

3) Blue Ridge Regional Office, Roanoke Location, 3019 Peters Creek Road, Roanoke, VA, telephone [phone],

4) Blue Ridge Regional Office, Lynchburg Location, 7705 Timberlake Road, Lynchburg, VA, telephone [phone],

5) Valley Regional Office, 4411 Early Road, Harrisonburg, VA, telephone [phone],

6) Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA, telephone [phone],

7) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone [phone], and

8) Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA, telephone [phone].

Contact Information: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street,

P.O. Box 1105, Richmond, VA 23218, [phone], FAX [phone], or email [e-mail].

DEPARTMENT OF ENVIRONMENTAL QUALITY

SunPower Corporation - Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - James City County

SunPower Corporation has provided a notice of intent to the Department of Environmental Quality of its intention to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in James City County, Virginia, pursuant to 9VAC15-60. The project will consist of a photovoltaic solar facility of up to 35-megawatt capacity on approximately 225 acres of land. The proposed site is situated north and south of Norge Farm Lane and is located about two miles northwest of Lightfoot, Virginia. When fully commissioned the facility will have 430,000 solar panels.

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

Virginia Solar/Belcher Solar LLC - Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Louisa County

Virginia Solar/Belcher Solar LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Louisa County, Virginia, pursuant to 9VAC15-60. The project will be located on 1305 acres across multiple parcels, on land east of Waldrop Church Road, north of Bickley Road, south of Desper Road, and west of Harris Creek and Courthouse Road. The solar project conceptually consists of approximately 370,000 335-watt panels plus 35 2.7-megawatt inverters, which will provide a maximum 88.2 megawatts of nameplate capacity.

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

VIRGINIA FIRE SERVICES BOARD

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Fire Programs is conducting a periodic review and small business impact review of 19VAC15-11, Public Participation Guidelines. 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 November 3, 2016, and ends November 28, 2016.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Mohamed Abbamin, Policy Manager, 1005 Technology Park Drive, Glen Allen, VA 23059, telephone [phone], FAX [phone], or email [e-mail].

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

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on November 9, 2016. The orders may be viewed at the Virginia Lottery, 900 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 201 North 9th Street, 2nd Floor, Richmond, Virginia.

Director's Order Number One Hundred Fifty (16)

Virginia Lottery's Scratch Game 1732 "20 Years of Cash!" Final Rules for Game Operation (effective November 4, 2016)

Director's Order Number One Hundred Fifty-One (16)

Virginia Lottery's Scratch Game 1738 "$4,000,000 Spectacular Riches" Final Rules for Game Operation (effective November 4, 2016)

Director's Order Number One Hundred Fifty-Two (16)

Virginia Lottery's Scratch Game 1736 "10X The Money" Final Rules for Game Operation (effective November 4, 2016)

Director's Order Number One Hundred Fifty-Three (16)

Virginia Lottery's Scratch Game 1686 "Triple Play" Final Rules for Game Operation (effective November 4, 2016)

Director's Order Number One Hundred Fifty-Four (16)

Virginia Lottery's Scratch Game 1709 "Extreme Green" Final Rules for Game Operation (effective November 4, 2016)

Director's Order Number One Hundred Fifty-Seven (16)

"Retailer Recruitment Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (This Director's Order is effective nunc pro tunc to October 1, 2016, fully and completely replaces Director's Order 95(15), and shall remain in full force and effect until 90 days after the conclusion of the Incentive Program, unless otherwise extended by the Director)

Director's Order Number One Hundred Fifty-Eight (16)

Virginia Lottery's Scratch Game 1722 "Festive $50s" Final Rules for Game Operation (effective October 31, 2016)

Director's Order Number One Hundred Fifty-Nine (16)

Virginia Lottery's Scratch Game 1723 "Sneak A Peek" Final Rules for Game Operation (effective October 31, 2016)

Director's Order Number One Hundred Sixty (16)

Virginia Lottery's Scratch Game 1724 "Tacky Sweater Surprise" Final Rules for Game Operation (effective October 31, 2016)

Director's Order Number One Hundred Sixty-One (16)

Virginia Lottery's Scratch Game 1725 "Holiday Riches" Final Rules for Game Operation (effective October 31, 2016)

STATE WATER CONTROL BOARD

Total Maximum Daily Load for the James River Watershed

Purpose of notice: To seek public comment and announce a public meeting on a water quality study by the Department of Environmental Quality (DEQ) for the James River watershed in Lynchburg, Virginia.

Public meeting: Tuesday, December 6, 2016, from 6 p.m. to 8 p.m. at Riveredge Park Community Center, 150 Rocky Hill Road, Madison Heights, Virginia. In the case of inclement weather, the meeting will be held on Monday, December 12, 2016, from 6 p.m. to 8 pm.

Meeting description: This is the second public meeting on a study to restore water quality in various streams within the James River Watershed.

Description of study: Virginia agencies are working to identify sources of fecal bacteria contamination in stream segments from the James River Watershed in Central Virginia. This contamination exceeds water quality standards and thus, impairs, or decreases, the quality of the water.

The streams segments that will be included in the study are: 10.53 miles James River, 20.8 miles Ivy Creek, 5.89 miles Tomahawk Creek, 6.89 miles Burton Creek, 3.43 miles unnamed tributary to Burton Creek, 10.54 miles Judith Creek, 5.44 miles Fishing Creek, 10.3 miles Blackwater Creek, 8.5 miles Beaver Creek, 7.72 miles Harris Creek, 4.69 miles Dreaming Creek, 3.04 miles Opossum Creek, 6.37 miles Williams Run, 5.17 miles Graham Creek, and 9.46 miles Pedlar River.

During the study, DEQ will develop a total maximum daily load, or TMDL, 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, contamination levels have to be reduced to the TMDL amount.

Public comment period: The public comment period on the materials presented at the public meeting begins December 6, 2016, and ends January 6, 2017.

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 during the comment period. DEQ also accepts written and oral comments at the public meeting announced in this notice. For additional information, or to submit comments, contact Paula Main, Department of Environmental of Quality, Blue Ridge Regional Office, 7705 Timberlake Road, Lynchburg, VA 24502, telephone [phone], or email [e-mail].

Total Maximum Daily Load for McClure River, Big Spraddle Branch, Buffalo Creek, and Roaring Fork

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of total maximum daily loads (TMDLs) for the McClure River, Big Spraddle Branch, Buffalo Creek, and Roaring Fork in Dickenson County, Virginia. These streams are listed on the 2012 § 303(d) TMDL Priority List and Report as impaired due to violations of the state's water quality standards for bacteria.

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

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

The final public meeting on the development of the TMDL to address the bacteria impairments for these segments will be held on November 29, 2016, from 6 p.m. to 8 p.m. at the McClure Kiwanis Building located at the intersection of State Route 63 (Dante Mountain Road) and State Route 773 (Herndon Road) in the McClure Community, Dickenson County, Virginia.

The public comment period begins November 29, 2016, and ends December 29, 2016.

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

Please note, all written comments should include name, address, and telephone number of the person submitting the comments and should be sent to the Department of Environmental Quality contact person listed above.

VIRGINIA CODE COMMISSION

Notice to State Agencies

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

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

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

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