8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 27 Iss. 13 - February 28, 2011

GENERAL NOTICES/ERRATA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Notice of Intent to Approve Use of Virginia Aquatic Resources Trust Fund as a Form of Compensatory Mitigation Under 9VAC25-210

Pursuant to § 62.1-44.15:20-23 of the Code of Virginia and 9VAC25-210-116 D, the State Water Control Board (board) is giving notice of its intent to sign and approve the new enabling instrument of the Virginia Aquatic Resources Trust Fund (Fund), one of several acceptable forms of compensatory mitigation for permitted impacts to state waters, including wetlands, after considering public comment for a 30-day period starting March 1, 2011. In July 2008, the Army Corps of Engineers (the Corps) and the Environmental Protection Agency (EPA) jointly released the Federal Mitigation Rule, which provides a framework for all types of wetland and stream compensation associated with the Clean Water Act Section 404 and Rivers & Harbors Act Section 10 permits. Currently, The Nature Conservancy (TNC) is the sponsor of the Virginia Aquatic Resources Trust Fund (VARTF), an existing in-lieu fee (ILF) program, which has been in operation in the Commonwealth of Virginia since 1995, in accordance with a Memorandum of Understanding (MOU) between TNC and the Corps, and as amended in 2003. The Department of Environmental Quality has participated on an interagency team with the Corps, EPA, TNC, the U.S. Fish & Wildlife Service (USFWS), and the National Oceanic & Atmospheric Administration (NOAA) to develop a new enabling instrument. The purpose of this new instrument is to establish guidelines, responsibilities, and standards for the establishment, use, operation, and maintenance of the Fund in a way that brings the existing Fund into compliance with the Mitigation Rule (33 CFR Part 332) governing compensatory mitigation for activities authorized by Corps permits and that complies with State Water Control Law and the Virginia Water Protection Permit program.

The new instrument satisfies the requirements set forth in 9VAC25-210 116 D, including: dedication to the achievement of no net loss of wetland acreage and function and stream function; consultation with the board on site selection; provision of annual reports detailing contributions by watershed; and a mechanism to establish fee amounts. The board proposes to approve the Fund enabling instrument, allowing its continued use as a compensatory mitigation option for a five-year period, ending April 30, 2016. DEQ's approval will remain in effect until April 30, 2016 provided that the conditions of the enabling instrument are met. Subsequent approval of the Fund shall be made by letter, following a 30-day public comment period. The draft enabling instrument is available on DEQ's website at http://www.deq.virginia.gov/wetlands/publicnotices.html or by calling or emailing David L. Davis, DEQ Office of Wetlands & Water Protection beginning February 28, 2011. This notice coincides with a similar public notice by the Corps located on their public notice website at http://www.nao.usace.army.mil/technical%20services/Regulatory%20branch/PN/PN.asp. Written comments, including those by email, must be received no later than 4 p.m. on March 30, 2011, and should be submitted to David L. Davis at the address given below. Comments to either notice should be copied to both agencies and will considered comments to both public notices. Only those comments received within the comment period will be considered by the board. Written comments shall include the name, address, and telephone number of the writer, and shall contain a complete, concise statement of the factual basis for comments.

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

Restore Water Quality in Bull Creek, Buchanan County, Virginia

Announcement of an effort to restore water quality in Bull Creek, Buchanan County, Virginia and the South Fork Pound River, Wise County, Virginia.

Public meeting location: Virginia Department of Mines, Minerals, and Energy (DMME), Buchanan Smith Building, 3405 Mountain Empire Road, Big Stone Gap, Virginia, on Tuesday, March 8, 2011, from 7 p.m. to 9 p.m.

Purpose of notice: To seek public comment and announce a public meeting on modifications to water quality improvement studies by the Virginia Department of Environmental Quality (DEQ), the Department of Conservation and Recreation, and DMME for the two coalfield streams.

Meeting description: Public meeting on modifications to studies to restore water quality.

Description of study: DEQ has been working to identify sources of pollutants affecting the aquatic organisms in the waters of Bull Creek and the South Fork Pound River.

Bull Creek is in Buchanan County and flows along Route 609 to Levisa Fork downstream of Grundy, Virginia. The impaired stream segments are estimated to be approximately 16.9 miles including Bull Creek, from the headwaters to the confluence with Levisa Fork, and all tributaries; Belcher Branch, Deel Fork, Burnt Poplar Branch, Big Branch, Starr Branch, Jess Fork, and Convict Hollow. The stream is impaired for failing to meet the aquatic life use based on violations of the general standard for aquatic organisms.

The South Fork Pound River flows along Route 671 and confluences with the North Fork Pound River in the Town of Pound along Business 23. The impaired stream segments are estimated to total approximately 7.64 miles. The stream is impaired for failing to meet the aquatic life use based on violations of the general standard for aquatic organisms.

During the studies the pollutants impairing the aquatic community were identified and total maximum daily loads (TMDLs) developed 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 must be reduced to the TMDL amount. Before the TMDL is submitted to EPA for final approval, modifications to the TMDL's pollution allocations are being made to the studies.

How a decision is made: The development of a TMDL includes public meetings and public comment periods once the study report is drafted. After public comments have been considered and addressed, DEQ will submit the TMDL report to the U.S. Environmental Protection Agency for approval.

How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period, February 28, 2011, to March 30, 2011. DEQ also accepts written and oral comments at the public meeting announced in this notice.

To review draft TMDL reports: The draft TMDL reports on the impaired waters are available after February 28, 2011 from the contact below or on the DEQ website at www.deq.virginia.gov/tmdl.

Contact for additional information: Allen Newman, Department of Environmental Quality, Southwest Regional Office, 355 Deadmore Street, P.O. Box 1688, Abingdon, VA 24212-1688, telephone (276) 676-4800, FAX [phone], or email [e-mail].

Restore Water Quality in the Little River Watershed

Public meeting: Jessie Peterman Memorial Library in Floyd, Virginia on Wednesday, March 16, 2011, from 6:30 p.m. to 8:30 p.m. Directions: From Route 8 in Floyd, turn on to Rt. 221/West Main Street. The library will be on your left. Address: 321 West Main Street, Floyd, VA 24091.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) announces a public meeting to discuss a study to restore water quality in the Little River watershed.

Description of study: Virginia agencies are working to identify sources of bacteria, temperature and biological impairment (general standard) in the Little River watershed. The general standard indicates the water quality does not support a natural aquatic invertebrate community.

The following is the impaired stream, the length of the impaired segment, location, and the reason for the impairment: Little River, 42.71 miles, Floyd, Montgomery and Pulaski Counties, bacteria; Little River Reservoir, 60.44 acres, Pulaski and Montgomery Counties, bacteria; Little River, 16.99 miles, Montgomery County, general standard (aquatic invertebrate community); Meadow Creek, 4.49 miles, Montgomery County, bacteria; Mill Creek, Poplar Branch, unnamed tributaries to Mill Creek, 15.25 miles, Montgomery County, bacteria; Brush Creek, 5.76 miles, Montgomery County, bacteria; Little River, 33.55 miles, Floyd County, temperature and bacteria; Meadow Run, 3.70 miles, Floyd County, bacteria and general standard (aquatic invertebrate community); Pine Creek, 3.68 miles, Floyd County, bacteria and temperature; Laurel Creek, 3.26 miles, Floyd County, bacteria; Dodd Creek and West Fork Dodd Creek, 15.41 miles, Floyd County, bacteria; Dodd Creek, 6.28 miles, Floyd County, temperature; West Fork Dodd Creek, 1.17 miles, Floyd County, temperature; Big Indian Creek, 7.56 miles, Floyd County, temperature.

DEQ, in cooperation with the Virginia Department of Conservation and Recreation, Virginia Department of Health, and Skyline Soil and Water Conservation District, developed a total maximum daily load (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.

How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting and be received by April 15, 2011. DEQ also accepts written and oral comments at the public meeting announced in this notice.

Contact for additional information: Mary Dail, Virginia Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, telephone (540) 562-6715, FAX [phone], or email [e-mail].

Revised Notice of Bacteria TMDL Modification of James River and Tributaries - Lower Piedmont Region in Goochland, Fluvanna, Louisa, Powhatan, and Cumberland Counties, Virginia

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: Byrd Creek, Beaverdam Creek Fine Creek, and the James River (segments upper H33R-01 and lower H38R-04).

A total maximum daily load of E. coli was developed to address the bacterial impairments in the waterways and counties mentioned above. This TMDL was approved by the Environmental Protection Agency on June 11, 2008. The report is available at: http://www.deq.virginia.gov/ tmdl/apptmdls/jamesrvr/jmsgrp2.pdf. DEQ seeks written comments from interested persons on 27 minor modifications for this TMDL.

Five modifications are proposed for the Byrd Creek TMDL. Modifications one through three are to add domestic dischargers (VAG408275, VAG408281, and VAG408344), which are single family home facilities with a design flow each of 0.001 million gallons per day (MGD). Facility VAG408275 discharges to Byrd Creek Un-named Tributary (UT), and both facilities; VAG408281 and VAG408344 discharge to Phils Creek UT. All three tributaries lie within the Byrd Creek drainage. Based on the design flow at the standard, these permits each should have a waste load allocation (WLA) of 1.74E+09 colony forming units per year (cfu/yr) for E. coli in the Byrd Creek TMDL. DEQ proposes to subtract the combined load of these permits from the future growth load. Modifications four and five are to remove the WLAs for domestic dischargers VAG406343 and VAG406346, which both discharge to Venable Creek UT in the Byrd Creek drainage. These two facilities are no longer in operation. DEQ proposes to add the combined load of these two permits, which were each given a WLA of 1.74E+09 cfu/year in the Byrd Creek TMDL, to the future growth load. The final revised future growth load as a result of these five modifications will equal 9.40E+10 cfu/year. The proposed changes for the Byrd Creek TMDL are equal to <1.0%.

Two modifications are proposed for the Beaverdam Creek TMDL.  First, DEQ proposes to remove facility Huguenot Academy (VA0063037), which should not have been given a waste load allocation (WLA) in the Beaverdam Creek TMDL because it lies in the Fine Creek drainage. The WLA of 6.96E+09 (cfu/yr) E. coli based on a maximum discharge of 0.004 MGD will be added to the future growth load for the Beaverdam Creek TMDL. Second, DEQ proposes to add a new WLA, Oilville Waste Water Treatment Plant (WWTP) (VA0092428), which is a municipal facility with a maximum discharge of 0.3 MGD, by subtracting from the future growth load of Beaverdam Creek. The WLA to be assigned to this facility based on design flow at the standard is equal to 5.23E+11 (cfu/yr) E. coli. The revised future growth load in Beaverdam Creek as a result of both modifications will be 2.20E+12 (cfu/yr). The proposed changes for the Beaverdam Creek TMDL are equal to < 1.0%.

One modification is proposed for the Fine Creek TMDL, which is to add a WLA for discharger Huguenot Academy (VA0063037), originally allocated to Beaverdam Creek by mistake. A WLA of 6.96E+09 (cfu/yr) E. coli will be assigned to the facility from the future growth load of Fine Creek. The revised future growth load in Fine Creek as a result of this modification will be 2.96E+10 (cfu/yr). The proposed changes for the Fine Creek TMDL are equal to < 1.0%.

Eleven modifications are proposed for the upper James River (H33R-01) segment. The previous total WLA for the James River upper segment, 3.54E+11 cfu/yr E. coli, was an incorrect total. DEQ proposes to change this number to 3.49E+11 cfu/yr, which is the correct total WLA for the James River upper segment. The correction of the James River upper segment total WLA affects no other allocations in the TMDL and is equal to <1.0%. The second and third modifications are to remove the WLAs for domestic dischargers VAG406343 and VAG406346, which are no longer operating permits. These two permits were once authorized to discharge to Venable Creek UT (in Byrd Creek drainage). DEQ proposes to add the combined load of these permits, which were each given a WLA of 1.74E+09 cfu/year E. coli in the upper James River (H33R-01) segment TMDL, to the future growth load. Modifications four through eleven for the upper James River (H33R-01) segment include the addition of eight domestic dischargers (VAG404226, VAG404262, VAG404276, VAG404277, VAG406347, VAG408275, VAG408281, and VAG408344) with a maximum discharge of 0.001 MGD each. VAG404226 discharges to Maple Swamp Creek UT in the upper James River segment drainage, both VAG404262 and VAG404276 discharge to Stegers Creek UT in the upper James River segment drainage, VAG404277 discharges to Horsepen Branch UT in the upper James River segment drainage, VAG406347 discharges to the Venable Creek UT in the Byrd Creek drainage, VAG408275 discharges to Byrd Creek UT in the Byrd Creek drainage, and both VAG408281 and VAG408344 discharge to Phils Creek UT in the Byrd Creek drainage. Based on the design flow at the standard, these permits each should have a WLA of 1.74E+09 (cfu/yr) for E. coli in the upper James River (H33R-01) segment TMDL. DEQ proposes a WLA of 1.74E+09 (cfu/yr) be assigned to each discharger, subtracted from the future growth for the James River upper segment. The revised future growth as a result of these eleven modifications will be 2.72E+11 (cfu/yr). The proposed changes for the upper James River (H33R-01) TMDL are equal to <1.0%.

Eight modifications are proposed for the lower James River (H38R-04) TMDL. The first and second modifications are to remove the WLAs for domestic dischargers VAG406343 and VAG406346, which are no longer operating permits. These two permits were once authorized to discharge to Venable Creek UT (in Byrd Creek drainage). DEQ proposes to add the combined load of these permits, which were each given a WLA of 1.74E+09 cfu/year E. coli in the lower James River (H38R-04) TMDL, to the future growth load. Modifications three through eight for the lower James River (H38R-04) segment include the addition of six domestic dischargers (VAG404262, VAG404276, VAG404277, VAG408275, VAG408281, and VAG408344) with a maximum discharge of 0.001 MGD each. Based on the design flow at the standard, these permits each should have a WLA of 1.74E+09 (cfu/yr) for E. coli in the TMDL. DEQ proposes a WLA of 1.74E+09 (cfu/yr) be assigned to each discharger, subtracted from the future growth load for the James River lower segment. The revised future growth as a result of these eight modifications will be 6.53E+12 (cfu/yr) for the lower James River segment. The proposed changes for the lower James River (H38R-04) TMDL are equal to <1.0%.

The proposed WLA changes above will neither cause nor contribute to the nonattainment of the James River basin. The public comment period for these modifications will end on March 30, 2011. Please send comments to Margaret Smigo, Department of Environmental Quality, Piedmont Regional Office, 4969-A Cox Road, Glen Allen, VA 23060, by email at [e-mail], or by FAX (Attn: Margaret Smigo) at [phone]. Following the comment period, a modification letter and any comments received will be sent to EPA for approval.

Total Maximum Daily Loads for Banister River, Bearskin Creek, Cherrystone Creek, Polecat Creek, Stinking River, Sandy Creek, and Whitethorn Creek

The Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation (DCR) seek written and oral comments from interested persons on the development of an implementation plan (IP) for bacteria total maximum daily loads (TMDLs) on a 11.67 mile stream segment of the Upper Banister River, 9.31 mile segment of Bearskin Creek, 8.44 mile segment of Cherrystone Creek, 8.99 mile segment of Stinking Creek, and 0.82 mile segment of Whitethorn Creek all tributaries to the Bannister River in the Roanoke River Basin, Pittsylvania County. The TMDL study for these stream impairments were completed in September 2007 and can be found in the bacteria TMDLs for Banister River, Bearskin Creek, Cherrystone Creek, Polecat Creek, Stinking River, Sandy Creek, and Whitethorn Creek Watersheds study report on DEQ's website at http://www.deq.virginia.gov/tmdl/apptmdls/roankvr/banister.pdf.

Section 62.1-44.19:7 C of the Code of Virginia requires the development of an IP for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and their associated costs, benefits, and environmental impacts.

The first public meetings to discuss the development of the IP for the bacteria TMDLs will be held on Thursday, March 3, 2011, at 7 p.m. at the Chatham Middle School at 11650 U.S. Highway 29 North, in Chatham, Virginia. At this meeting, development of the implementation plan will be discussed and citizens will learn how they can be part of the public participation process.

The 30-day public comment period on the information presented at the meeting will end on April 2, 2011. A fact sheet on the development of the IP is available upon request. Questions or information requests should be addressed to Charles Lunsford with the Virginia Department of Conservation and Recreation. Written comments and inquiries should include the name, address, and telephone number of the person submitting the comments and should be sent to Charles Lunsford, Department of Conservation and Recreation, 203 Governor Street, Richmond, VA 23219, email address: [e-mail], telephone [phone].

Total Maximum Daily Load for Upper Onancock Creek

Purpose of notice: To seek public comment on an amendment for the Upper Onancock Creek total maximum daily load (TMDL), Accomack County, Virginia from the Department of Environmental Quality.

First Public Notice Issue Date: February 28, 2011.

Amendment to Onancock Creek TMDL: Total maximum daily loads (TMDLs) have been developed for bacteria to address recreational uses in Upper Onancock Creek. This TMDL was approved by the Environmental Protection Agency on August 2, 2006, and can be found at the following website: http://www.deq.virginia.gov/tmdl/apptmdls/shellfish/onancock.pdf. DEQ proposes to revise the TMDL to accommodate an error that was found in the original TMDL accounting used to calculate Onancock Creek's water quality TMDL allocations. The revised TMDL will be changed to accommodate a flow tier of 750,000 gallons per day for the previously permitted facility, Town of Onancock WWTP VA0021253, which as a higher number reflects the correct permitted inputs into the stream. Updating the allocations and stated sections in the Onancock Creek bacteria TMDL in accordance with this memo will protect and preserve water quality because they will replace the original and incorrect TMDL. Downstream TMDLs will not be affected because they were calculated assuming all input tributaries were achieving water quality standards.

How to comment and/or request a public meeting: DEQ accepts comments and requests for public meeting by email, FAX, or postal mail. All comments and requests must be in writing and be received by DEQ during the comment period. Submittals must include the names, mailing addresses, and telephone numbers of the commenter/requester and of all persons represented by the commenter/requester. If there is a request for public meeting, it must also include: 1) The reason why a public meeting is requested. 2) A brief, informal statement regarding the nature and extent of the interest of the requester or of those represented by the requester, including how and to what extent such interest would be directly and adversely affected by the permit. 3) Specific references, where possible, to terms and conditions of the permit with suggested revisions. DEQ may hold a public meeting, including another comment period, if public response is significant and there are substantial, disputed issues relevant to the TMDL. This public comment period will conclude 30 days following the first public notice issue date, on March 30, 2011.

Contact for public comments, document requests, and additional information: Jennifer Howell, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone (757) 518-2111, FAX [phone], or email [e-mail].

STATE BOARD OF HEALTH

Notice of Periodic Review

Pursuant to Executive Order (EO) 14 (2010), the Virginia Department of Health (VDH), on behalf of the State Board of Health (board), will review 12VAC5-71, Regulations Governing the Newborn Screening and Treatment Program. The purpose of the review is to determine whether the regulations should be terminated, amended, or retained in their current form. The review of the regulations will be guided by the principles set out in EO 14. The purpose of the regulations is to protect public health and welfare with the least possible costs and intrusiveness to the citizens and businesses of the Commonwealth.

VDH and the board are seeking public comment in the review of any issue relating to these regulations, and in particular, whether they comport appropriately with the policies contained in EO 14. EO 14 encourages consideration of whether: (i) the regulations protect public health, safety and welfare with the least possible intrusion in the lives of citizens; (ii) alternatives in lieu of regulation may achieve the goals of the regulation; (iii) the regulations are based on the best reasonably available scientific, economic and other information; (iv) the regulations are designed to achieve their intended objective in the most efficient, cost-effective manner; (v) the regulations are clearly written and easily understandable by the individuals and entities affected; and (vi) the regulations have been developed in accordance with laws relating to the impact of regulations on small businesses.

The comment period begins on February 28, 2011, and ends on March 22, 2011. Comments on the regulations are welcome and will be accepted until the close of the comment period. Comments should be sent to Nancy Ford, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone [phone], or email at [e-mail]. Please include your full name and mailing address in any email.

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Order of the State Lottery Department was filed with the Virginia Registrar of Regulations on February 2, 2011.

Director's Order Number Fourteen (11)

Certain Virginia Instant Game Lotteries; End of Games.

In accordance with the authority granted by §§ 2.2-4002 B 15 and 58.1-4006 A of the Code of Virginia, I hereby give notice that the following Virginia Lottery instant games will officially end at midnight on February 4, 2011.

Game 1088	Blazing Red Hot Cash (TOP)
Game 1103	Face Cards (TOP)
Game 1108	Bonus Word Crossword
Game 1130	Cherry Doubler (TOP)
Game 1139	Fuzzy Dice
Game 1141	Dollars & Diamonds (TOP)
Game 1142	$200,000 Gold Rush (TOP)
Game 1152	Jumbo Bucks (TOP)
Game 1162	Casino Doubler
Game 1166	VA's $250,000 Jackpot (TOP)
Game 1168	Smokin' Hot Cash (TOP)
Game 1176	Lucky 7's
Game 1178	Super Blackjack
Game 1179	Winner's Circle (TOP)
Game 1190	7/11/21
Game 1191	Gimme 5! (TOP)
Game 1193	Lucky 8's
Game 1195	Cash To Go
Game 1196	Monopoly
Game 1197	Cash Crop (TOP)
Game 1205	'Tis The Season
Game 1207	Season's Delight
Game 1208	Red Hot Bucks
Game 1209	Holiday Cash

The last day for lottery retailers to return for credit unsold tickets from any of these games will be March 11, 2011. The last day to redeem winning tickets for any of these games will be August 3, 2011, 180 days from the declared official end of the game. Claims for winning tickets from any of these games will not be accepted after that date. Claims that are mailed and received in an envelope bearing a postmark of the United States Postal Service or another sovereign nation of August 3, 2011, or earlier, will be deemed to have been received on time. This notice amplifies and conforms to the duly adopted State Lottery Board regulations for the conduct of lottery games.

This order is available for inspection and copying during normal business hours at the Virginia Lottery headquarters, 900 East Main Street, Richmond, Virginia; and at any Virginia Lottery regional office. A copy may be requested by mail by writing to Director's Office, Virginia Lottery, 900 East Main Street, Richmond, Virginia 23219.

This Director's Order becomes effective on the date of its signing and shall remain in full force and effect unless amended or rescinded by further Director's Order.

/s/ Paula I. Otto

Executive Director

February 2, 2011

STATE WATER CONTROL BOARD

Proposed Enforcement Action for Chesapeake Grain Company, Inc.

An enforcement action has been proposed for Chesapeake Grain Company, Inc., for alleged violations of Virginia Pollutant Discharge Elimination System General Permit VAR05 at its grain handling and storage facility at 5500 Bainbridge Boulevard, Chesapeake. 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 28, 2011, to March 30, 2011.

Proposed Enforcement Action for Courtland USA, LLC

An enforcement action has been proposed for Courtland USA, LLC, for alleged violations of Virginia Pollutant Discharge Elimination System General Permit VAR05 at its automobile salvage yard at 28265 Southampton Parkway, Courtland, Southampton 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 [phone], or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, from February 28, 2011, to March 30, 2011.

Proposed Enforcement Action for the Virginia Peninsulas Public Service Authority

An enforcement action has been proposed for the Virginia Peninsulas Public Service Authority for alleged violations of the State Water Control Law at the VPPSA Compost Facility in York County concerning the unauthorized discharge of pollutants to state waters. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Mr. Robin Schuhmann will accept comments by email at [e-mail], FAX (757) 518-2009, or postal mail Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, from February 28, 2011, to March 30, 2011.

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.

The Office of the Virginia Register is working toward the eventual elimination of the requirement that agencies file print copies of regulatory packages. Until that time, agencies may file petitions for rulemaking, notices of intended regulatory actions, and general notices in electronic form only; however, until further notice, agencies must continue to file print copies of proposed, final, fast-track, and emergency regulatory packages.

ERRATA

STATE BOARD OF SOCIAL SERVICES

Title of Regulation: 22VAC40-131. Standards for Licensed Child-Placing Agencies.

Publication: 27:11 VA.R. 1203-1248 January 31, 2011.

Corrections to Proposed Regulation:

Page 1222, column 1, 22VAC40-131-200 E, line 2, change "license" to "licensee"

Page 1224, column 1, 22VAC40131-230 E 8, line 5, change "requirements" to "required"

Page 1224, column 2, 22VAC40131-230 I 4 b, line 1, after "result," insert "of"

Page 1225-1227, column 2, 22VAC40-131-250, reletter subsection designators "C" through "U" to "B" through "T"

Page 1225, column 2, 22VAC40-131-250 A 6, line 5, change "local social services agency" to "local department of social services"

Page 1227, column 1, 22VAC40-131-250 P, line 7, change "22VAC40-131-250 H" to "22VAC40-131-250 G"

Page 1238, column 1, 22VAC40-131-380 C 5 b, line 2, change "psychical" to "physical"

Page 1242, column 1, 22VAC40-131-460, reletter subsection designators "D" through "H" to "C" through "G"

VA.R. Doc. No. R10- 2036, Filed February 3, 2011