8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 32 Iss. 15 - March 21, 2016

AUCTIONEERS BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Auctioneers Board conducted a small business impact review of 18VAC25-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Auctioneers Board is publishing its report of findings dated February 23, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

1. The current regulations are necessary for the board to comply with § 2.2-4007.02 of the Code of Virginia and Chapter 321 of the 2008 Acts of Assembly.

2. Only one public comment was received. The commenter requests an extension of the comment period for the periodic review of the Regulations of the Virginia Auctioneers Board for 30 days.

3. The regulations are not complex in nature.

4. The regulations do not overlap, duplicate, or conflict with federal or state laws or regulations but instead work in concert with them.

5. The regulations were last effective on December 24, 2008, with the adoption of the Model Public Participation Guidelines pursuant to Chapter 321 of the 2008 Acts of Assembly.

No small business impact has been identified.

Contact Information: Marian H. Brooks, Regulatory Board Administrator, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone [phone], FAX [phone], or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Auctioneers Board conducted a small business impact review of 18VAC25-21, Regulations of the Virginia Auctioneers Board, and determined that this regulation should be retained in its current form. The Auctioneers Board is publishing its report of findings dated February 23, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

1. The current regulations establish minimum licensing requirements for auctioneers and auction firms.

2. No public comments were received.

3. The regulations are not complex in nature.

4. The regulations do not overlap, duplicate, or conflict with federal or state laws or regulations but instead work in concert with them.

5. The last amendments to the regulation became effective November 1, 2015.

No small business impact has been identified.

Contact Information: Marian H. Brooks, Regulatory Board Administrator, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone [phone], FAX [phone], or email [e-mail].

DEPARTMENT OF ENVIRONMENTAL QUALITY

Virginia Solar LLC Notice of Intent

Virginia Solar LLC, has submitted to 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 Buckingham County, Virginia, pursuant to 9VAC15-60.

The project will be located on 200 acres across multiple parcels, on land northeast of the intersection of Route 628 (High Rock Road) and Highway 60 in Buckingham County, Virginia, and conceptually will consist of 88,700 x 315-watt panels plus 10 x 2-megawatt inverters, which will provide a maximum 20 MWs of nameplate capacity.

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

SunEnergy1 Notice of Intent

SunEnergy1 has submitted to the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for the construction of a small renewable energy project (solar) in the City of Chesapeake, Virginia, pursuant to 9VAC15-60.

The notice of intent is for a 20 MW AC project that will be a ground-mounted solar photovoltaic facility utilizing a single-axis tracking system and comprised of approximately 90,000 solar modules. The facility will be constructed on approximately 250 acres for which SunEnergy1 and/or its affiliates have secured a long-term lease. The site is located in the southernmost portion of the City of Chesapeake's governing boundary and is situated on the eastern side of Highway 17 and on the southern side of Ballahack Road near the intersection of these two roads. The site is zone A-1 Agricultural and rezoning will not be required; however, the City of Chesapeake will require the issuance of a Conditional Use Permit for which an application is in process.

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

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on March 1, 2016. The orders may be viewed at the Virginia Lottery, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 201 North 9th Street, 2nd Floor, Richmond, VA.

Director's Order Number Seventeen (16)

Virginia's Computer-Generated Lottery Game "Print 'n Play Daily Crossword" Final Rules for Game Operation (effective April 3, 2016)

Director's Order Number Eighteen (16)

Virginia's Computer-Generated Lottery Game "Print 'n Play Diamond Club Crossword" Final Rules for Game Operation (effective April 3, 2016)

Director's Order Number Nineteen (16)

Virginia's Computer-Generated Lottery Game "Print 'n Play Bonus Bingo" Final Rules for Game Operation (effective April 3, 2016)

Director's Order Number Twenty (16)

Virginia's Computer-Generated Lottery Game "Print 'n Play Hot 'n Spicy Bingo" Final Rules for Game Operation (effective April 3, 2016)

Director's Order Number Twenty-One (16)

Virginia's Computer-Generated Lottery Game "Print 'n Play High Roller Bingo" Final Rules for Game Operation (effective April 3, 2016)

Director's Order Number Twenty-Two (16)

Virginia's Computer-Generated Lottery Game "Print 'n Play Blackjack" Final Rules for Game Operation (effective April 3, 2016)

Director's Order Number Twenty-Four (16)

Virginia's Computer-Generated Lottery Game "Print 'n Play Gold Rush Crossword" Final Rules for Game Operation (effective April 3, 2016)

Director's Order Number Twenty-Five (16)

Virginia's Computer-Generated Lottery Game "Print 'n Play $50,000 Blackjack" Final Rules for Game Operation (effective April 3, 2016)

Director's Order Number Twenty-Six (16)

Virginia's Computer-Generated Lottery Game "Print 'n Play Safari Bingo" Final Rules for Game Operation (effective April 3, 2016)

Director's Order Number Twenty-Seven (16)

Virginia's Lottery Scratch Game 1658 "Cash In A Flash" Final Rules for Game Operation (effective February 18, 2016)

Director's Order Number Twenty-Eight (16)

Virginia's Lottery Scratch Game 1620 "Golden Spades" Final Rules for Game Operation (effective February 18, 2016)

Director's Order Number Twenty-Nine (16)

Virginia's Lottery Scratch Game 1607 "Rolling Dice" Final Rules for Game Operation (effective February 18, 2016)

Director's Order Number Thirty-Two (16)

Virginia's Lottery Scratch Game 1640 "7X The Money" Final Rules for Game Operation (effective February 18, 2016)

Director's Order Number Thirty-Four (16)

Virginia's Lottery Scratch Game 1616 "Hot Millions Multiplier" Final Rules for Game Operation (effective February 18, 2016)

Director's Order Number Thirty-Five (16)

Virginia's Lottery Scratch Game 1646 "Lucky 5's" Final Rules for Game Operation (effective February 18, 2016)

Director's Order Number Thirty-Six (16)

Virginia's Lottery Scratch Game 1652 "We're Game For Education" Final Rules for Game Operation (effective February 18, 2016)

Director's Order Number Thirty-Seven (16)

Virginia's Lottery's "We're Game For Education" Promotion Final Rules for Game Operation (effective March 7, 2016)

Director's Order Number Thirty-Eight (16)

"Lucky 15% Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (This Director's Order becomes effective on May 1, 2016, 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 Thirty-Nine (16)

Virginia's Lottery Scratch Game 1633 "Bonus Ball Bingo" Final Rules for Game Operation (effective February 18, 2016)

Director's Order Number Forty (16)

Virginia's Lottery Scratch Game 1642 "$1,000,000 Bankroll" Final Rules for Game Operation (effective February 18, 2016)

Director's Order Number Forty-One (16)

Virginia's Lottery Scratch Game 1635 "10X The Money" Final Rules for Game Operation (effective February 18, 2016)

Director's Order Number Forty-Two (16)

Virginia's Lottery Scratch Game 1653 "Frogger" Final Rules for Game Operation (effective February 18, 2016)

STATE BOARD OF SOCIAL SERVICES

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Social Services conducted a small business impact review of 22VAC40-293, Locality Groupings, and determined that this regulation should be retained in its current form. The State Board of Social Services is publishing its report of findings dated February 17, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation needs to be retained because it provides a mechanism for a locality to switch grouping when there is evidence to support that need. No comments have been received in the past concerning this regulation. This regulation is clearly written and easily understandable. This regulation does not overlap, duplicate, or conflict with any federal or state law or regulation. While economic conditions as well as local cost of living standards continue to change, this regulation provides a means for a locality to change locality groupings as a result of such changes. This regulation was last reviewed in 2011. It has no impact on small businesses.

Contact Information: Mark Golden, Program Manager, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Social Services conducted a small business impact review of 22VAC40-685, Virginia Energy Assistance Program - Home Energy Assistance Program, and determined that this regulation should be retained in its current form. The State Board of Social Services is publishing its report of findings dated February 17, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation grants authority to the Department of Social Services (DSS) to receive and disburse Home Energy Assistance Program (HEAP) funds. These funds are used to supplement the Low-Income Home Energy Assistance Program (LIHEAP) federal funding used to offer and administer the Energy Assistance Program (EAP). In addition, HEAP funds are used to leverage additional federal funds. DSS did not receive any complaints or comments on the regulation.

Because this regulation makes revenue available to over 600 vendors, the impact of the regulation on small business is positive. The regulation provides eligible EAP vendors, which includes vendors from the small business community, access to revenue made available through the federally funded LIHEAP. The regulation is not complex and does not overlap, duplicate, or conflict with other federal or state laws or regulations. The last evaluation of this regulation occurred in 2011. Business entities that provide EAP goods and services are eligible to participate as vendors in the EAP. Payments to vendors are determined by their respective products, self-designated service areas, and customer selection. There is no need to amend or repeal the regulation to minimize the economic impact on small businesses.

Contact Information: Denise Surber, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

STATE WATER CONTROL BOARD

Proposed Consent Order for Agri-Sludge, Inc.

An enforcement action has been proposed for Agri-Sludge, Inc. for violations at the L. Wayne Phillips Farm in Broadway, Virginia. The State Water Control Board proposes to issue a consent order to Agri-Sludge, Inc. to address noncompliance with the State Water Control 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. Karen Hensley 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 March 21, 2016, to April 20, 2016.

Total Maximum Daily Load for New River and its Tributaries

Community informational meeting: A community meeting will be held Tuesday, April 5, 2016, at 6 p.m. in the Muse Hall Banquet Room at Radford University. Parking is available in Lot F off of Tyler Avenue. The address is 801 East Main Street, Radford, VA 24141. This meeting will be open to the public and all are welcome. For more information, please contact Mary Dail at [e-mail] or telephone [phone] or Martha Chapman at [e-mail] or telephone [phone].

Purpose of notice: The Department of Environmental Quality (DEQ) and its contractor, Virginia Tech's Biological Systems Engineering Department, will discuss polychlorinated biphenyls (PCBs) data for the development of a water quality study known as a total maximum daily load (TMDL) for the New River and its tributaries. This is an opportunity for local residents to learn about the condition of these streams, share information about the area, and become involved in the process of local water quality improvement. A public comment period will follow the meetings (April 5, 2016 – May 4, 2016).

Meeting description: A public information meeting will be held to introduce the local community to the water quality improvement process in Virginia, known as the TMDL process, provide information on PCB monitoring efforts and sources, invite participation and solicit input, review the next steps, and accept volunteers to be part of a technical advisory committee. Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report.

Description of study: In Virginia, portions of the mainstem New River, selected tributaries to the New River, and Claytor Lake are listed as impaired for PCBs based on a Virginia Department of Health (VDH) fish consumption advisory and violations of Virginia's Water Quality Standards. The PCB impairment begins at the I-77 bridge across the New River and extends downstream of the Virginia/West Virginia state line, and includes Peak Creek, Reed Creek, Stony Creek, Walker Creek, and Claytor Lake. This water quality study will report on the sources of PCBs and recommends reductions to meet TMDLs 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, bacterial levels need to be reduced to the TMDL amount. Virginia agencies are working to identify sources of PCBs. Reductions and a TMDL for the cause of the impairment will be developed.

Stream	County	Impairment
New River	Montgomery	PCBs in Fish Tissue
New River, Stony Creek	Giles	PCBs in Fish Tissue
Walker Creek	Giles	PCBs in Water Column
New River, Peak Creek	Pulaski	PCBs in Fish Tissue
New River, Reed Creek	Wythe	PCBs in Fish Tissue

How to comment and participate: The meetings of the TMDL process are open to the public and all interested parties are welcome. Written comments will accepted through May 4, 2016, and should include the name, address, and telephone number of the person submitting the comments. For more information or to submit written comments, please contact Mary Dail, Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, telephone [phone], FAX [phone], or email [e-mail]; or Martha Chapman, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, telephone [phone], FAX [phone], or email [e-mail].

VIRGINIA CODE COMMISSION

Notice to State Agencies

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