GENERAL NOTICES/ERRATAVol. 26 Iss. 14 - March 15, 2010
DEPARTMENT OF ENVIRONMENTAL QUALITY
Total Maximum Daily Load for Beaver Creek, Campbell County
Purpose of notice: To seek public comment and announce a public meeting on a total maximum daily load (TMDL), or water quality, study by the Department of Environmental Quality (DEQ) for a portion of Beaver Creek located in Campbell County, Virginia.
Public meeting: Tuesday, March 23, 2010, from 5:30 p.m. to 7 p.m. at the City of Lynchburg Information Technology Center, 3550 Young Place, Lynchburg, Virginia.
Meeting description: This public meeting is the second meeting on the study to restore water quality in portions of Beaver Creek. The public will be provided an overview of the TMDL study findings and be provided an opportunity to comment on the study.
Description of study: The Virginia Region 2000 Local Government Council, DEQ, and various agencies and local citizens are working to identify sources of fecal bacteria contamination in portions of Beaver Creek within the James River Watershed in Central Virginia. This stream is listed on the federal 303(d) list of impaired waters. The current contamination level exceeds water quality standards and thus impairs, or decreases, the quality of the water.
The study will develop a 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 for a specified pollutant have to be reduced to the TMDL amount.
Public comment period: The public comment period on the materials presented at the public meeting will extend from March 23, 2010, until 11:59 p.m. on April 23, 2010.
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.
Contact for additional information: Kelly Hitchcock, Virginia's Region 2000 Local Government Council, 828 Main Street, Lynchburg, VA 24504, telephone (434) 845-3491, FAX (434) 845-3493, or email khitchcock@region2000.org.
Total Maximum Daily Load Study in Lower Nansemond River, Suffolk
The Virginia Department of Environmental Quality (DEQ) will host a public meeting on a water quality study for Bleakhorn Creek, Knotts Creek, and Bennett Creek located in the City of Suffolk, Virginia on Tuesday, March 16, 2010.
The meeting will start at 6:30 p.m. in the Creekside Elementary School cafeteria, 1000 Bennetts Creek Park Road, Suffolk. The purpose of the meeting is to provide information and discuss the study with interested local community members and local government.
Bleakhorn Creek (VAT-G13E-10), Knotts Creek (VAT-G13E-11), and Bennett Creek (VAT-G13E-12) were identified in Virginia's 1998 § 303(d) TMDL Priority List and Report as impaired for not supporting the shellfishing use. The impairment is based on the shellfish harvesting condemnation of Growing Area 46 (063-046A, B, and C Lower Nansemond River) imposed by the Virginia Department of Health, Division of Shellfish Sanitation.
Section 303(d) of the federal Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop total maximum daily loads (TMDLs) for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report and subsequent water quality assessment reports.
During the study, DEQ will develop a TMDL for the impaired water. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL amount.
The public comment period on materials presented at this meeting will extend from March 17, 2010, through April 15, 2010. 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 (757) 518-2111 or email jennifer.howell@deq.virginia.gov.
Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.
DEPARTMENT OF LABOR AND INDUSTRY
Notice of Periodic Review
Pursuant to Executive Order 107 (2009), the Virginia Department of Labor and Industry (DOLI) and the Safety and Health Codes Board (Board) will review Safety Standards for Fall Protection in Steel Erection, Construction Industry, (16VAC25-145). The purpose of the review is to determine whether this regulation should be amended or retained in its current form. The review of this regulation will be guided by the principles listed in Executive Order 107 (2009). The purpose of this regulation is to provide protection for steel erection workers from falls at or above 10 feet. (See § 40.1-22 of the Code of Virginia) DOLI and the board seek public comment on the review of issues related to this regulation, especially the following:
1. Does the regulation meet the following goals?
(a) Reduce the incidence of material impairment of the health of Virginians due to workplace exposure to known hazards.
(b) Provide protection to workers in the construction industry equal to that provided to workers in other industries.
(c) Protect the public's health, safety, and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth.
2. Is the regulation clearly written and easy to understand?
Comments on this regulation are welcome and will be accepted until April 5, 2010. Comments may be posted online on the Virginia Regulatory Town Hall website at http://townhall.virginia.gov.
Comments may also be mailed to Reba O'Connor, Regulatory Coordinator, Virginia Department of Labor and Industry, Powers-Taylor Building, 13 South 13th Street, Richmond, VA 23219 or emailed to reba.oconnor@doli.virginia.gov.
Each commenter should include his or her full name and mailing address.
Notice of Periodic Review
Pursuant to Executive Order 107 (2009), the Virginia Department of Labor and Industry (DOLI) and the Safety and Health Codes Board (Board) will review Virginia Construction Industry, General Requirements for Clearances, Construction of Electric Transmission and Distribution Lines and Equipment (16VAC25-155). The purpose of the review is to determine whether this regulation should be amended or retained in its current form. The review of this regulation will be guided by the principles listed in Executive Order 107 (2009). The purpose of this regulation is to provide safety protections for construction electrical transmission workers equivalent to those already afforded general industry electrical transmission workers. (See § 40.1-22 of the Code of Virginia) DOLI and the board seek public comment on the review of issues related to this regulation, especially the following:
1. Does the regulation meet the following goals?
(a) Reduce the incidence of material impairment of the health of Virginians due to workplace exposure to known hazards.
(b) Provide protection to workers in this industry equal to that provided to workers in other industries.
(c) Protect the public's health, safety, and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth.
2. Is the regulation clearly written and easy to understand?
Comments on this regulation are welcome and will be accepted until April 5, 2010. Comments may be posted online on the Virginia Regulatory Town Hall website at http://townhall.virginia.gov.
Comments may also be mailed to Reba O'Connor, Regulatory Coordinator, Virginia Department of Labor and Industry, Powers-Taylor Building, 13 South 13th Street, Richmond, VA 23219 or emailed to reba.oconnor@doli.virginia.gov.
Each commenter should include his or her full name and mailing address.
STATE LOTTERY DEPARTMENT
Director's Orders
The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on February 15, 2010, February 16, 2010, February 22, 2010, February 24, 2010, and February 25, 2010. 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.
Final Rules for Game Operation:
Director's Order Number Twelve (10)
Virginia Lottery's "American IdolTM Facebook Sweepstakes" Final Rules for Game Operation (effective 2/16/10)
Director's Order Number Thirteen (10)
Virginia Lottery's "American IdolTM Richmond Coliseum VIP Concert Experience Sweepstakes" Final Rules for Game Operation (effective 2/12/10)
Director's Order Number Sixteen (10)
Virginia's Instant Game Lottery 1166; "$250,000 Jackpot" Final Rules for Game Operation (effective 2/20/10)
Director's Order Number Seventeen (10)
Virginia's Instant Game Lottery 1168; "Smokin' Hot Cash" Final Rules for Game Operation (effective 2/20/10)
Director's Order Number Eighteen (10)
Virginia's Instant Game Lottery 1174; "Fat Cat" Final Rules for Game Operation (effective 2/20/10)
Director's Order Number Nineteen (10)
Virginia's Instant Game Lottery 1176; "Lucky 7's" Final Rules for Game Operation (effective 2/20/10)
Director's Order Number Twenty (10)
Virginia's Instant Game Lottery 1181; "Crossword Puzzle" Final Rules for Game Operation (effective 2/20/10)
Director's Order Number Twenty-Two (10)
Virginia Lottery's "Megapower Sweepstakes" Final Rules for Game Operation (effective 2/15/10)
Director's Order Number Twenty-Three (10)
Virginia's Instant Game Lottery 1170; "Double Platinum Doubler" Final Rules for Game Operation (effective 2/20/10)
Director's Order Number Twenty-Four (10)
Virginia's Instant Game Lottery 1189; "Virginia's $5 Million Club" Final Rules for Game Operation (effective 2/20/10)
Director's Order Number Twenty-Seven (10)
Virginia's Lottery's "$50,000,000 Redskins Mania Sweepstakes" Final Rules for Game Operation (effective 2/24/10)
Director's Order Number Twenty-Eight (10)
"Farmer Foods" Virginia Lottery Retailer Incentive Program Rules (effective 2/23/10)
Director's Order Number Twenty-Nine (10)
"$5 Million Club" Virginia Lottery Retailer Incentive Program Rules for 7-Eleven (effective 2/23/10)
Director's Order Number Thirty (10)
"$5 Million Club" Virginia Lottery Retailer Incentive Program Rules for Virginia Oil (effective 2/23/10)
VIRGINIA SOIL AND WATER CONSERVATION BOARD
Proposed Consent Special Order - Foxcrest Developers, Inc.
Purpose of notice: To seek public comment on a proposed consent special order (order) issued to Foxcrest Developers, Inc.
Public comment period: March 15, 2010, through April 13, 2010.
Summary of proposal: The proposed order describes a settlement between the Virginia Soil and Water Conservation Board and Foxcrest Developers to resolve alleged past violations of the Virginia Stormwater Management Act and Regulations at the Stokes Ivy Creek Farm Development construction site located in Lynchburg, Virginia. The proposed order requires payment of an $8,000 civil charge.
How to comment: The Virginia 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. A copy of the proposed order is available on request from the person identified directly below as the contact.
Contact for documents or additional information: Edward A. Liggett, Virginia Department of Conservation and Recreation, 900 Natural Resources Drive, Suite 800-DCR, Charlottesville VA 22903, telephone (434) 220-9067, FAX (804) 786-1798, or email ed.liggett@dcr.virginia.gov.
Contact Information: David C. Dowling, Policy, Planning, and Budget Director, Department of Conservation and Recreation, 203 Governor Street, Suite 302, Richmond, VA 23219, telephone (804) 786-2291, FAX (804) 786-6141, or email david.dowling@dcr.virginia.gov.
VIRGINIA CODE COMMISSION
Notice to State Agencies
Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219.
Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed
Beginning with Volume 26, Issue 1 of the Virginia Register of Regulations dated September 14, 2009, the Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed will no longer be published in the Virginia Register of Regulations. The cumulative table may be accessed on the Virginia Register Online webpage 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.
