8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 32 Iss. 14 - March 07, 2016

STATE WATER CONTROL BOARD

Proposed Special Order by Consent for Bedford Regional Water Authority

An enforcement action has been proposed with the Bedford Regional Water Authority for violations in Moneta, Virginia. The special order by consent addresses and resolves violations of environmental law and regulations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Jerry Ford, Jr. will accept comments by email at [e-mail] or postal mail at Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, from March 7, 2016, to April 6, 2016.

Proposed Consent Order for Sirrah, LLC

An enforcement action has been proposed for Sirrah, LLC for violations in Rockbridge County, Virginia. The State Water Control Board proposes to issue a consent order to Sirrah, LLC to address noncompliance with 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. Tiffany Severs will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, from March 7, 2016, to April 7, 2016.

Total Maximum Daily Loads for Clinch River and Cove Creek Watersheds

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of a total maximum daily load (TMDL) implementation plan for the Clinch River and Cove Creek watersheds. There are 11 different impaired stream segments in this study area, which include the following streams: Clinch River, Cove Creek, Stock Creek, Moll Creek, Valley Creek, Blackwater Creek, Copper Creek, and North Fork Clinch River. All segments are located in Lee, Russell, and Scott Counties and listed as impaired on Virginia's § 303(d) TMDL Priority List and Report due to violations of the state's water quality standard for bacteria.

Ten of the segments were first listed as impaired in 2008 and have remained on the § 303(d) list for bacteria impairments; one segment was listed in 2010. The Clinch River segment extends 9.69 miles from the Copper Creek confluence near Speers Ferry downstream to the Tennessee state line near Shelby. Cove Creek extends 6.94 miles from its confluence with Millstone Branch to the confluence with the Clinch River north of Starnes Slant. Stock Creek extends from stream mile 4.56 downstream to the Clinch River confluence at Clinchport. Moll Creek extends 4.20 miles from Copper Creek upstream to a second tributary including Porter Hollow. Valley Creek extends 1.01 miles from near Farley Chapel to the confluence with Copper Creek. Blackwater Creek extends 2.11 miles from the East Fork Blackwater Creek confluence downstream to the Tennessee state line. Copper Creek extends 14 miles from the Grassy Creek confluence upstream through Dickensonville to stream mile 56.8. The North Fork Clinch River extends 11.01 miles from the Fraley Branch confluence downstream to the Cox Branch confluence. An additional segment of the North Fork Clinch River was listed in 2010 and extends 5.59 miles from the Cox Branch confluence near Fairview downstream to the Tennessee state line near Dona.

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. In addition, § 62.1-44.19:7 C of the Code of Virginia requires expeditious implementation of total maximum daily loads when appropriate. The implementation plan (IP) will provide measurable goals and the date of expected achievement of water quality objectives. The IP will also include corrective actions needed and their associated costs, benefits, and environmental impacts. DEQ completed bacteria TMDLs for the Clinch River and Cove Creek watershed in 2014. The TMDLs were approved by the Environmental Protection Agency in April of 2014 and by the State Water Control Board in June 2014. The TMDL report is available on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMDLReports.aspx.

The Virginia Department of Environmental Quality will host two public meeting to initiate the development of a TMDL implementation plan for the Clinch River and Cove Creek watershed. Both meetings will be held on Thursday, March 10, 2016, from 6 p.m. to 8 p.m.

One meeting will be held at the Crooked Road Tech Center, 372 Technology Trail Lane, Duffield, VA 24244. An additional meeting will take place on the same day and time at the Senior and Community Building at Keith Memorial Park in Nickelsville, VA. The Senior and Community Building is located at 163 Spartan Band Avenue near the Dollar General Store. In the event of inclement weather, the meetings will be postponed until March 17. Please call Martha Chapman at the number provided below to confirm postponement of the meeting.

A 30-day public comment period for the meetings will begin March 10, 2016, and end April 11, 2016. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Martha Chapman, Department of Environmental Quality, 355A Deadmore Street, Abingdon, VA 24210, telephone [phone], or email [e-mail].

Total Maximum Daily Loads for Kits Creek

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of total maximum daily loads (TMDL) for Kits Creek in Lunenburg County. This stream is listed on the 2008 § 303(d) TMDL Priority List and Report as impaired due to violations of the state's water quality standards for the aquatic life use due to poor health of the benthic macroinvertebrate community.

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

The Kits Creek stream segment is located in Lunenburg County. It is 4.8 miles in length and begins at the headwaters and continues to the confluence with the North Meherrin River.

The first public meeting on the development of the TMDL for Kits Creek watershed will be held on March 21, 2016, 6 p.m. - 8 p.m., 2nd Floor Courtroom, Lunenburg Courts Building, 160 Courthouse Square, Lunenburg, VA 23952. In case of inclement weather, the alternate meeting date is March 23, 2016, 6 p.m. - 8 p.m., 2nd Floor Courtroom, Lunenburg Courts Building, 160 Courthouse Square, Lunenburg, VA 23952.

The public comment period will begin March 22, 2016, and end April 22, 2016.

An advisory committee to assist in development of this TMDL will be established. Persons interested in assisting should notify the DEQ contact person listed at the end of this notice by the end of the comment period and provide their name, address, phone number, email address, and the organization represented (if any). Notification of the composition of the advisory committee will be sent to all applicants.

A component of a TMDL is the wasteload allocation (WLA); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Administrative Process Act for any future adoption of the TMDL WLAs.

Information on the development of the TMDLs for the impairments is available upon request. Questions or information requests should be addressed to the DEQ contact person listed below. Please note, all written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Paula Main, Virginia Department of Environmental Quality, 7705 Timberlake Road, Lynchburg, VA 24502, telephone [phone], or email [e-mail].

BOARD FOR WATERWORKS AND WASTEWATER WORKS OPERATORS AND ONSITE SEWAGE SYSTEM PROFESSIONALS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals conducted a small business impact review of 18VAC160-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals is publishing its report of findings dated February 5, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

Section 2.2-4007.02 of the Code of Virginia mandates the baord to solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing public participation guidelines that promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the agency is better equipped to effectively regulate the occupation or profession. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or contravene federal or state law or regulation. A periodic review was completed on January 11, 2012. On January 14, 2016, the board reviewed the regulation and, for reasons stated, determined that the regulation should not be amended or repealed but should be retained in its current form.

Contact Information: Trisha Henshaw, Executive Director, 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 Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals conducted a small business impact review of 18VAC160-20, Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals Regulations, and determined that this regulation should be retained in its current form. The Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals is publishing its report of findings dated February 5, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

Sections 54.1-201.5 and 54.1-2301 of the Code of Virginia mandate the board to promulgate regulations. The continued need for the regulation is established in statute. Repeal of the regulation would remove the current public protections provided by the regulation.

The comments received during the public comment either require a statutory change in order to remove the board's authority or did not pertain to this regulatory action; therefore a change is not warranted.

The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or contravene federal or state law or regulation. A periodic review of the regulation was completed on January 11, 2012. On January 14, 2016, the board reviewed the regulation and, for reasons stated, determined that the regulation should not be amended or repealed but should be retained in its current form.

Contact Information: Trisha Henshaw, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, 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.