8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 28 Iss. 13 - February 27, 2012

GENERAL NOTICES/ERRATA

BOARD OF AGRICULTURE AND CONSUMER SERVICES

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 Agriculture and Consumer Services is conducting a periodic review of 2VAC5-110, Rules and Regulations Pertaining to a Pound or Enclosure to be Maintained By Each County or City.

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 February 27, 2012, and ends on March 19, 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 Dr. Dan Kovich, Staff Veterinarian, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

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

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services is conducting a periodic review of 2VAC5-205, Rules and Regulations Pertaining to Shooting Enclosures.

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 February 27, 2012, and ends on March 19, 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 Dr. Charles Broaddus, Program Manager, Office of Veterinary Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-2483, 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 Agriculture and Consumer Services is conducting a periodic review of 2VAC5-210, Rules and Regulations Pertaining to Meat and Poultry Inspection Under the Virginia Meat and Poultry Products Inspection Act.

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 February 27, 2012, and ends on March 19, 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 Dr. Richard Hackenbracht, Program Manager, Office of Meat and Poultry Services, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

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

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services is conducting a periodic review of 2VAC5-230, Rules and Regulations Applicable to Controlled Atmosphere (CA) Apples.

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 February 27, 2012, and ends on March 19, 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 Thomas Smith, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

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

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services is conducting a periodic review of 2VAC5-250, Rules and Regulations Relating to Grain Dealers Licensing and Bonding Law.

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 February 27, 2012, and ends on March 19, 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 W. R. Sanford, Grain Law Supervisor, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

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

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services is conducting a periodic review of 2VAC5-370, Rules and Regulations for Enforcement of the Virginia Animal Remedies Law.

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 February 27, 2012, and ends on March 19, 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 Erin Williams, Policy and Planning Coordinator, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

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

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services is conducting a periodic review of 2VAC5-380, Rules and Regulations for the Enforcement of the Virginia Dealers in Agricultural Products.

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 February 27, 2012, and ends on March 19, 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 Erin Williams, Policy and Planning Coordinator, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

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

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services is conducting a periodic review of 2VAC5-600, Regulations Pertaining to Food for Human Consumption.

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 February 27, 2012, and ends on March 19, 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 Ryan Davis, Program Manager, Office of Dairy and Foods, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX (804) 371-7792, 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

Water Quality Study Final Implementation Plan in Hoffler Creek, Cities of Suffolk and Portsmouth

The Virginia Department of Environmental Quality (DEQ) will host a public meeting on a water quality study for Hoffler Creek, located in the Cities of Suffolk and Portsmouth, on Tuesday March 13, 2012.

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

Hoffler Creek (VAT-G15E_HOF01A06) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the primary contact use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.

The meeting will review the final implementation plan for the impaired water. The implementation plan (IP) is developed to provide a clean up plan that will lead to attainment of the water quality standards. Public participation and stakeholder involvement are necessary in order to develop an effective and reasonable IP. This meeting will present the findings of the total maximum daily load (TMDL) study and the necessary steps in the IP development.

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 for pollutants responsible for each impaired water contained in Virginia's 303(d) TMDL Priority List and Report and subsequent Water Quality Assessment Reports. 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 TMDL report has been approved by EPA (December 14, 2011) and can be found at http://www.deq.virginia.gov/tmdl/apptmdls/jamesrvr/hofflerec.pdf.

The public comment period on materials presented at this meeting will extend from March 13, 2012, to April 12, 2012. For additional information or to submit comments, contact Jennifer Howell, Virginia Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone [phone], or email [e-mail].

Mill Creek Watershed Cleanup Plan, Northampton County

The Virginia Department of Environmental Quality (DEQ), the Virginia Department of Conservation & Recreation, and the Northampton County Planning Department will host a public meeting on Monday, March 12, 2012, on the development of a cleanup plan for a waterway in Northampton County. Participants will have the opportunity to contribute to the watershed cleanup plan.

The meeting will start at 6:30 p.m. in the Main Conference Room (#201) of the Northampton County Administrative Complex located at 16404 Courthouse Road, Eastville, VA 23347.

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

The implementation plan (IP) is developed to provide a clean up plan that will lead to attainment of the water quality standards. Public participation and stakeholder involvement are necessary in order to develop an effective and reasonable IP. This meeting will present the findings of the TMDL study and the necessary steps in the IP development.

The public comment period on materials presented at this meeting will extend from March 12, 2012, to April 11, 2012. For additional information or to submit comments, contact Jennifer Howell, Virginia Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone [phone], or email [e-mail].

Proposed Consent Order for Synagro Central, LLC, Inc.

An enforcement action has been proposed for Synagro Central, LLC, Inc. for alleged violations at three biosolids facilities. The location of the facilities where the violations occurred are the Woodworks Associates LP property at Rt. 684 in Essex County, the P.O. Lanier property at Rt. 613 in Goochland County, and the Ritchie property at Rt. 644 near its intersection with Highway 17, South of Bealeton in Fauquier County, Virginia. The order requires corrective action and payment of a civil charge. A description of the proposed action is available at the Department of Environmental Quality, Northern Regional Office, 13901 Crown Ct., Woodbridge, VA 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 February 27, 2012, to March 29, 2012.

STATE LOTTERY DEPARTMENT

Director's Order

The following Director's Order of the State Lottery Department was filed with the Virginia Registrar of Regulations on January 30, 2012. The order may be viewed at the State Lottery Department, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, VA.

Director's Order Number Twenty (12)

Virginia Lottery's "Fast Play February Sweepstakes" Final Rules for Game Operation (effective January 25, 2012)

VIRGINIA EMPLOYMENT COMMISSION

Small Business Impact Review for Regulations Adopted before July 1, 2005; Published Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Employment Commission has reviewed 16VAC5-10 through 16VAC5-80, the regulations and general rules affecting unemployment compensation, and determined that these regulations should be continued without change, amendment, or repeal. Consistent with the stated objectives of applicable law, Title 60.2 of the Code of Virginia (the Virginia Unemployment Compensation Act ("Act")), the commission has taken and will continue to take sustained efforts to minimize the economic impact of its regulations on small businesses within the constraints and its administration of the Act.

For example, over the years, the commission has undertaken through regular review of its regulations, operations, and procedures to:

1. Establish the least stringent compliance or reporting requirements feasible under its various regulatory programs within the parameters of its federal conformity program requirements and state law;

2. Establish the least stringent schedules or deadlines for compliance or reporting requirements upon the general public and employers, including small business employers, within these same parameters;

3. Consolidate or simply compliance or reporting requirements through the use of a variety of options, including mail, telephone, fax, touchtone data entry, and web base applications; and

4. Exempt small business employers, to the extent possible, from some requirements imposed upon larger employers in areas under the commission's administration or regulation.

While the commission has also considered the establishment of performance standards for small business to replace design or operational standards required by its current regulations, the establishment of such performance standards is not applicable under its present federal and state regulatory requirements.

With regard to its claims adjudication process, the commission has moved towards conducting more informal fact findings and appeals hearings by telephone, which has eased or cushioned the impact of this mandated process on the general public, claimants, and employers, including the Commonwealth's small businesses/employers. The commission has implemented a number of web-based programs to assist claimants, employers, and the general public with this process. Along similar lines, the commission has automated its employer tax functions to make mandatory employer reporting requirements less burdensome. In addition, the commission has automated its collection, analysis, and dissemination of labor market data, including development and use of statistical sampling methods, in an effort to ease the burden of collecting such information from employers, including small businesses/employers, while remaining in compliance with its federally or state mandated collection, compilation, and reporting requirements.

Section 2.2-4007.1 of the Code of Virginia requires that an agency conducting a small business regulatory review publish a notice of review and provide at least a 21-day public comment period. The commission complied with this requirement. In response to its publication of a general notice in the Virginia Register of Regulations and on Town Hall, the commission received one public comment during its 30-day comment period. This comment proposed amending 16VAC5-80-10, 16VAC5-80-20, and 16VAC5-80-30 to require the provision of notice to subsequent employing units as to their nonliability for benefit charges so that such entities may determine whether or not they wish to expend resources in participating in and/or filing appeals in claims adjudication proceedings before the commission.

While the commission has carefully considered the public comment provided, it has determined that these particular regulations should also be continued without change, amendment, or repeal. The commission reached this determination after careful consideration of the proposed changes and its goal of keeping the employer tax rates of all Virginia employers, including small business employers, as low as possible. Any change in notice requirements, such as those proposed, which would have the effect of discouraging or suppressing the rate of participation by subsequent employers in the unemployment insurance ("UI") claims adjudication process, administered under Article 5 of Chapter 6 of the Act, and could result in payment of UI benefits to claimants who might otherwise not qualify for such benefits.

Since any UI benefits paid by the commission must be recouped from all employers covered by the Act, including small business employers, by direct charges to their respective employer accounts or indirect charges through pool cost and building fund charges, discouragement of subsequent employers who have information on the qualification of a claimant for benefits from participating in this process could likely increase the risk of improper payment of UI benefits. This would result in attendant charge(s) to the liable employer, i.e., the last 30 day/240 hour employer, including such small business employers. The resulting charge from such lack of participation by subsequent employers could not only increase the tax rate of the specific liable employer charged, but could also increase the tax rate across the board for all employers in the Commonwealth who pay into the Unemployment Compensation Fund ("Trust Fund"), including small business employers. Such a potential direct or indirect tax rate increase is not in any employer's interest, regardless of business size, including small business employers. This is particularly so during the present economic climate when the commission has paid out record numbers of unemployment insurance claims due to record numbers of job losses and unemployed individuals. This has also resulted in the Trust Fund's currently being in "borrowed" status, i.e., having to borrow funds from the federal government. Additionally, the Trust Fund's current funding status dictates that employers, including small business employers, are already paying higher State Unemployment Tax Act (SUTA) taxes and have lost a percentage (0.3%) of their Federal Unemployment Tax Act (FUTA) credit for 2011. Accordingly, the commission has determined that modifying or relaxing the notice requirements for subsequent employers, as proposed by the public comment, could actually increase the tax burden for small businesses/employers covered by the Act.

Additionally, the notice modifications proposed by the public comment could mislead certain subsequent employers about their nonliability for direct benefit charges. For example, dollar for dollar, reimbursuable employers, mostly government entities and certain nonprofit organizations, could in some circumstances, depending upon the base period [wage] calculations for certain claimants, incur a direct charge to their employer tax account, even when such employers have been joined as a subsequent employing unit to a claim filed.

In conclusion, the commission has reviewed its final regulations to ensure that they minimize the economic impact on small businesses in a manner consistent with the stated objectives of applicable law. The commission finds that the regulations reviewed (1) are necessary and have a continued need, including for small businesses; (2) should not be changed or modified as a result of the public comments received during the public notice period; (3) are not overly complex; (4) do not unduly overlap, duplicate, or conflict with federal or state law or regulation; and (5) do not need to be revised to reflect changes in technology, economic conditions, or other factors.

Contact Information: Coleman Walsh, Chief Administrative Law Judge, Virginia Employment Commission, 703 East Main Street, Room 126, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

VIRGINIA SOIL AND WATER CONSERVATION BOARD

Proposed Consent Special Order for The Korte Company

Purpose of notice: To seek public comment on the terms of a proposed consent special order issued to The Korte Company (Korte).

Public comment period: February 27, 2012, through March 28, 2012.

Summary of proposal: The order describes a settlement between the Virginia Soil and Water Conservation Board and Korte that resolves alleged past violations of the Virginia Stormwater Management Act and Regulations at the Fort Lee 1000-Room Lodge construction project in Prince George County. The proposed order requires payment of a $37,876 civil charge.

How to comment: The Department of Conservation and Recreation accepts written comments from the public by mail, email, or facsimile. All comments must include the name, address, and telephone number of the person commenting. Comments must be received before the end of the comment period on March 28, 2012. A copy of the proposed order is available on request.

Contact information for copies of documents (e.g., proposed order) or other information: Anne Crosier, Enforcement Manager, Department of Conservation and Recreation, 203 Governor Street, Room 208A, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

Contact information: David C. Dowling, Policy and Planning Director, Department of Conservation and Recreation, 203 Governor Street, Suite 302, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

STATE WATER CONTROL BOARD

Proposed Consent Order for the Town of Appomattox

An enforcement action has been proposed for the Town of Appomattox for violations in the Town of Appomattox. The proposed enforcement action is an amendment to the order by consent effective October 26, 2009, and contains a schedule of corrective action. 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 the Blue Ridge Regional Office, 7705 Timberlake Road, Lynchburg, VA 24502 from February 27, 2012, to March 29, 2012.

Proposed Consent Order for Carrollton Used Auto Parts, Inc.

An enforcement action has been proposed for Carrollton Used Auto Parts, Inc., for alleged violations of Virginia Pollutant Discharge Elimination General Permit VAR05 at Joe's Auto Parts automobile salvage yard at 22251 Brewers Neck Road, Carrolton, Isle of Wight County. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Paul R. Smith will accept comments by email at [e-mail], FAX (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, from February 27, 2012, to March 28, 2012.

Proposed Consent Order for E&A Call, Inc.

An enforcement action has been proposed for E&A Call, Inc. for violations of the State Water Control Law and Regulations in Louisa County associated with the Manchester Subdivision. 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 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 February 28, 2012, through March 29, 2012.

Proposed Consent Order for the Fairfax County Board of Supervisors

An enforcement action has been proposed for the Fairfax County Board of Supervisors for violations of the State Water Control Law and Regulations in Fairfax County. The State Water Control Board proposes to issue a consent order to the Fairfax County Board of Supervisors to resolve violations regarding unauthorized discharges from the Noman M. Cole, Jr. Pollution Control Plant and the associated sanitary sewer collection system. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Daniel Burstein 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 February 28, 2012, through March 29, 2012.

Proposed Consent Order for High Up Dairy Mart, Inc.

An enforcement action has been proposed for High Up Dairy Mart, Inc. for violations in both Frederick and Shenandoah Counties. The State Water Control Board proposes to issue a consent order to High Up Dairy Mart, Inc., to resolve violations regarding the management and closure of underground storage tanks. 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. David Robinett 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, Harrisonburg, VA 22801, from February 27, 2012, through March 28, 2012. The DEQ office is located at 4411 Early Road, Harrisonburg, VA.

Proposed Consent Special Order for Honeywell Resins & Chemicals, LLC

An enforcement action has been proposed for Honeywell Resins & Chemicals, LLC for alleged violations at Honeywell Resins & Chemicals, LLC, Hopewell Site, Hopewell, Virginia. The State Water Control Board proposes to issue a consent special order to Honeywell Resins & Chemicals, 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 February 27, 2012, to March 29, 2012.

Proposed Consent Order for Lee County Public Service Authority

An enforcement action has been proposed for the Lee County Public Service Authority for violations at the Hickory Flats Wastewater Treatment Plant near Jonesville, Virginia. The proposed order by consent contains a schedule of compliance and a civil charge. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Dallas R. Sizemore will accept comments by email at [e-mail], FAX (276) 676-4899, or postal mail at Department of Environmental Quality Southwest Regional Office, P.O. Box 1688, Abingdon, VA 24212, from February 27, 2012, to March 28, 2012. The Southwest Regional Office is located at 355 Deadmore Street, Abingdon, VA.

Proposed Consent Order for Allen L. Shank

An enforcement action has been proposed for Allen L. Shank for violations in Rockingham County. The State Water Control Board proposes to issue a consent order to Allen L. Shank to resolve past violations regarding the unpermitted discharge of manure into state waters. 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. David Robinett will accept comments by email at [e-mail], FAX [phone], or postal mail at Department or Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, from February 27, 2012, through March 28, 2012. The DEQ office is located at 4411 Early Road, Harrisonburg, Virginia.

Proposed Consent Order for Wilton Development Corporation

An enforcement action has been proposed for Wilton Development Corporation for alleged violations at Glenside Woods Development, Section III, Henrico County, VA. The State Water Control Board proposes to issue a consent special order to Wilton Development Corporation 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 (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from February 27, 2012, to March 30, 2012.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219; Telephone: Voice [phone]; FAX [phone]; Email: [e-mail].

Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at http://www.virginia.gov/cmsportal3/cgi-bin/calendar.cgi.

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

Filing Material for Publication in the Virginia Register of Regulations: Agencies are required to use the Regulation Information System (RIS) when filing regulations for publication in the Virginia Register of Regulations. The Office of the Virginia Register of Regulations implemented a web-based application called RIS for filing regulations and related items for publication in the Virginia Register. The Registrar's office has worked closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.