8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 28 Iss. 18 - May 07, 2012

GENERAL NOTICES/ERRATA

BOARD OF AGRICULTURE AND CONSUMER SERVICES

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-110, Rules and Regulations Pertaining to a Pound or Enclosure to be Maintained by Each County or City, and determined that this regulation should be retained in its current form. The Virginia Department of Agriculture and Consumer Services is publishing its report of findings dated April 2, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

This regulation establishes criteria for the construction, maintenance, and operation of animal pounds by local governments. It is limited in scope to these public facilities. Therefore, the regulation has no impact on small businesses.

Contact Information: Daniel Kovich, DVM, MPH, Program Manager, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, 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 Virginia Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-205, Rules and Regulations Pertaining to Shooting Enclosures, and determined that this regulation should be retained in its current form. The Virginia Department of Agriculture and Consumer Services is publishing its report of findings dated March 30, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

This regulation is not expected to have a significant economic impact on small business. There is currently only one licensed shooting enclosure in the Commonwealth. There is a continued need for the regulation in order to protect animals kept in this shooting enclosure. The regulation itself is not complex, and the only potential impacts on a small business would be the required adherence to health and welfare requirements associated with being a licensed shooting enclosure as well as the license fee. The regulation does duplicate some of the state laws found in §§ 3.2-6035 through 3.2-6042 of the Code of Virginia, but the regulation is required to be adopted in § 3.2-6039 to carry out the provisions of the Code. The regulation was last reviewed in 2000, with the result at that time being to remain as is. Consistent with the stated objectives of this law, this regulation should be maintained.

Contact Information: Dr. Charlie Broaddus, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, 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 Virginia Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-230, Rules and Regulations Applicable to Controlled Atmosphere (CA) Apples, and determined that this regulation should be retained in its current form. The Virginia Department of Agriculture and Consumer Services is publishing its report of findings dated April 4, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

The regulation will have a minimal impact on small businesses. The agency is recommending that the regulation should remain in effect without change. The regulation promotes the welfare of citizens by making available to the public better quality fruit throughout the year, and it provides equitable pricing for fruit producers and sellers. No comments or complaints were received during the public comment period. The regulation does not duplicate any state or federal laws or regulations. The regulation is not overly complex. The agency has determined that no changes have occurred in the area affected by this regulation since the last periodic review that would make it necessary to amend or repeal the regulation. The agency believes the current version of the regulation is the least burdensome and least intrusive alternative for the apple industry and small businesses.

Contact Information: Thomas H. Smith, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3548, 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 Virginia Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-250, Rules and Regulations Relating to Grain Dealer Licensing and Bonding Law, and determined that this regulation should be retained in its current form. The Virginia Department of Agriculture and Consumer Services is publishing its report of findings dated April 5, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Because the selling of grain in Virginia is tremendously important to the state's economy, there is a continued need for this regulation. The agency has determined that this regulation is effective in achieving its goals of protecting Virginia farmers against loss when selling their grain. No complaints or comments were received during the public comment period. The regulation does not conflict with state or federal law. The regulation is not overly complex. The agency has determined that no change occurred in the area affected by the regulation subsequent to the agency's previous periodic review that would necessitate the amendment or repeal of this regulation. This regulation is still very important in ensuring fair and prompt payment for grain transactions between buyer and seller.

Contact Information: William R. Sanford, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, 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 Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-370, Rules and Regulations for Enforcement of the Virginia Animal Remedies Law, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated April 10, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

This regulation has a minimal economic impact on small businesses. The provisions of this regulation establish general requirements that are consistent with current industry practices and that are not unnecessarily burdensome. The agency has determined that this regulation should be retained in order to continue to protect public health, safety, and welfare. The agency has not received any complaints or comments from the public concerning this regulation. The agency has determined that this regulation is not unnecessarily complex and that the complexity of this regulation is not such that it would have an economic impact on small businesses. This regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The agency has determined that no change in the animal remedy industry has occurred subsequent to the agency's previous periodic review of this regulation that would necessitate the amendment or repeal of this regulation.

Contact Information: Erin Williams, Policy Coordinator, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, [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 Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-380, Rules and Regulations for the Enforcement of the Virginia Dealers in Agricultural Products Law, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated April 10, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

The provisions of this regulation establish notice and written receipt requirements and are not unnecessarily burdensome. The agency has determined that this regulation should be retained in order to continue to protect producers of agricultural produce and public health, safety, and welfare. The agency has not received any complaints or comments from the public concerning this regulation. The agency has determined that this regulation is not unnecessarily complex and that the complexity of this regulation is not such that it would have an economic impact on small businesses.

The federal Perishable Agricultural Commodities Act (7 USC § 499 et seq.) (Act) requires any person who buys or sells more than 2,000 pounds of fresh or frozen fruits and vegetables in any given day to be licensed. Rules and Regulations for the Enforcement of the Virginia Dealers in Agricultural Products Law (2VAC5-380) does not appear to overlap, duplicate, or conflict with the requirements of the Act or with any other federal or state law or regulation. The agency has determined that no change in the affected industry has occurred subsequent to the agency's previous periodic review of this regulation that would necessitate the amendment or repeal of this regulation.

Contact Information: Erin Williams, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, 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 Virginia Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-600, Regulations Pertaining to Food for Human Consumption, and determined that this regulation should be retained in its current form. The Virginia Department of Agriculture and Consumer Services is publishing its report of findings dated March 30, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

There is a continued need for this regulation. This regulation is necessary for the protection of the health, safety, and welfare of citizens in the Commonwealth. Without a specific regulation governing multiple commodities, multiple processes, pesticides in foods, and food additives as well as sanitary requirements for food establishments, there is no way to provide an appropriate level of food safety oversight for the various food products and food product processes that are prepared, held, and sold to consumers in Virginia.

This regulation is not complex. However, it does provide appropriate guidance and the requirements necessary to ensure that consumers in Virginia purchase and consume safe food products. Since this regulation adopts provisions of the Code of Federal Regulations (Title 21), it is duplicative of existing federal regulations. However, enforcement of the regulatory requirements for food establishments, food products, and food processes within Virginia's boundaries lies primarily with the Commonwealth, not the federal government. Enforcement of this regulation is appropriate and necessary to ensure the proper level of food safety within the Commonwealth. No comments or complaints were received concerning the regulation during the public comment period. Technology and economic conditions have changed minimally since the adoption and evaluation of this regulation. This regulation provides basic, essential requirements for food establishments, food commodities, and food processes, while simultaneously minimizing the economic impact on small businesses. This regulation should remain in effect without change.

Contact Information: Ryan Davis, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-210, Rules and Regulations Pertaining to Meat and Poultry Inspection Under the Virginia Meat and Poultry Products Inspection Act, and determined that this regulation should be retained in its current form. The Virginia Department of Agriculture and Consumer Service is publishing its report of findings dated April 3, 2012, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

There is a continued need for this regulation. The regulation is designed to ensure a safe, wholesome, and truthfully labeled supply of meat and poultry products for the citizens of the Commonwealth. Meat and poultry products support the growth of human disease producing organisms. These products must be produced under controlled conditions to prevent food borne illness. This regulation has been effective. To date, there have been no reported outbreaks of food borne illness attributed to meat and poultry products produced in Virginia-inspected plants. No comments or complaints were received concerning this regulation during the public comment period.

This regulation is necessary to comply with the Federal Meat Inspection Act and the Poultry Products Inspection Act, which allow Virginia to operate an intrastate Meat and Poultry Program. Virginia is one of eight states that operates a Talmadge-Aiken (T/A) program, which allows Virginia inspectors to provide inspection service to federal interstate plants.

The Federal Meat Inspection Act and the Poultry Products Inspection Act that the regulation adopts are very complex. The state Office of Meat and Poultry Services (OMPS) receives numerous questions and calls for assistance from plant operators and from persons interested in starting a meat or poultry business. OMPS provides guidance to these mainly small businesses in order to help them understand and comply with all regulatory requirements.

This regulation adopts the provisions of the Federal Meat Inspection Act and the Poultry Products Inspection Act. If there were no Virginia Meat and Poultry Program, the federal government would "designate" the state, which means the federal government would take charge of all meat and poultry inspection in the state. The requirements on small businesses would not change. However, the inspections would be performed by federal inspectors.

The federal statutory requirements change regularly and Virginia is required to adopt these changes as they occur. Virginia has the option to adopt requirements that are more stringent than those of the federal government but cannot reduce or remove any existing requirement.

Economic conditions have little effect on this regulation, since there is no fee for inspection service. The ability of technology to detect food safety hazards has the greatest impact on this regulation. As new pathogens are determined to be adulterants in meat or poultry products, more product or environmental tests may be required of inspected businesses. The businesses normally pass this cost on to their customers.

This regulation should remain in effect. This regulation allows small businesses in Virginia the opportunity to produce and sell meat and poultry products both intrastate and, through the T/A program, across state lines while working with Virginia state employees.

Contact Information: Richard Hackenbracht, DVM, Program Manager, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

STATE AIR POLLUTION CONTROL BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Air Pollution Control Board conducted a small business impact review of 9VAC5-40, Existing Stationary Sources, and determined that this regulation should be retained in its current form. The State Air Pollution Control Board is publishing its report of findings dated November 7, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

These regulations continue to be needed. They provide sources with the most cost-effective means of fulfilling ongoing state and federal requirements that protect air quality. The regulation's level of complexity is appropriate to ensure that the regulated entities are able to meet their legal mandates as efficiently and cost-effectively as possible. The regulations do not overlap, duplicate, or conflict with any state law or other state regulation. The regulations were last reviewed as follows: 2001 (Articles 2 and 15), 2002 (Article 8), 2003 (Article 54), 2004 (Articles 43 and 47), 2005 (Article 46), 2006 (Part I, Articles 4, 37, 48, and 53), and 2007 (Article 52). Since these prior reviews, it has generally become less expensive to characterize, measure, and mitigate the regulated pollutants that contribute to poor air quality. This regulation continues to provide the most efficient and cost-effective means to determine the level and impact of excess emissions and to control those excess emissions. The department, through examination of the regulations and relevant public comments, has determined that the regulatory requirements currently minimize the economic impact of emission control regulations on small businesses and thereby minimize the impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth.

Contact Information: Cindy Berndt, Regulatory Coordinator, Department of Environmental Quality, 629 E. Main St., P.O. Box 1105, Richmond, VA 23218, 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 Air Pollution Control Board conducted a small business impact review of 9VAC5-50, New and Modified Stationary Sources, and determined that this regulation should be retained in its current form. The State Air Pollution Control Board is publishing its report of findings dated November 7, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

These regulations continue to be needed. They provide sources with the most cost-effective means of fulfilling ongoing state and federal requirements that protect air quality. The regulation's level of complexity is appropriate to ensure that the regulated entities are able to meet their legal mandates as efficiently and cost-effectively as possible. The regulations do not overlap, duplicate, or conflict with any state law or other state regulation. The regulations were last reviewed as follows: 2001 (Articles 2 and 6), and 2006 (Part I and Article 4). Since these prior reviews, it has gotten generally less expensive to characterize, measure, and mitigate the regulated pollutants that contribute to poor air quality. This regulation continues to provide the most efficient and cost-effective means to determine the level and impact of excess emissions and to control those excess emissions. The department, through examination of the regulations and relevant public comments, has determined that the regulatory requirements currently minimize the economic impact of emission control regulations on small businesses and thereby minimize the impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth.

Contact Information: Cindy Berndt, Regulatory Coordinator, Department of Environmental Quality, 629 E. Main St., P.O. Box 1105, Richmond, VA 23218, 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 Air Pollution Control Board conducted a small business impact review of 9VAC5-70, Air Pollution Episode Prevention, and determined that this regulation should be retained in its current form. The State Air Pollution Control Board is publishing its report of findings dated November 7, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

This regulation continues to be needed. It provides sources with the most cost-effective means of fulfilling ongoing state and federal requirements that protect air quality. The regulation's level of complexity is appropriate to ensure that the regulated entities are able to meet their legal mandates as efficiently and cost-effectively as possible. This regulation does not overlap, duplicate, or conflict with any state law or other state regulation. This regulation was last reviewed in 2001. In that time, it has gotten generally less expensive to characterize, measure, and mitigate the regulated pollutants that contribute to poor air quality. This regulation continues to provide the most efficient and cost-effective means to determine the level and impact of excess emissions and to control those excess emissions. The department, through examination of the regulation and relevant public comments, has determined that the regulatory requirements currently minimize the economic impact of emission control regulations on small businesses and thereby minimize the impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth.

Contact Information: Cindy Berndt, Regulatory Coordinator, Department of Environmental Quality, 629 E. Main St., P.O. Box 1105, Richmond, VA 23218, 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 Air Pollution Control Board conducted a small business impact review of 9VAC5-510, Nonmetallic Mineral Processing General Permit, and determined that this regulation should be retained in its current form. The State Air Pollution Control Board is publishing its report of findings dated November 7, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

This regulation continues to be needed. It provides sources with the most cost-effective means of fulfilling ongoing state and federal requirements that protect air quality. The regulation's level of complexity is appropriate to ensure that the regulated entities are able to meet their legal mandates as efficiently and cost-effectively as possible. As previously mentioned, the regulation embodies regulatory provisions found elsewhere in the air regulatory program; Article 14 (Sand and Gravel Processing Operations and Stone Quarrying and Processing Operations) of 9VAC5-40 via the state operating permit program and Article 5 (Environmental Protection Agency Standards of Performance for New Stationary Sources) of 9VAC5-50 via the minor NSR program. This regulation may reduce costs for manufacturers and in most cases has a beneficial impact by lowering the permitting costs to the regulated entity. By choosing to take a minor NSR general permit over a conventional minor NSR permit, the applicant: (i) is able to receive the permit faster, (ii) avoids the time consuming application process, and (iii) avoids the uncertainty associated with having to negotiate and accept a new BACT determination that may likely result in more stringent requirements than the general permit.

This regulation has not been reviewed since it was originally promulgated in 2002. In that time, it has generally become less expensive to characterize, measure, and mitigate the regulated pollutants that contribute to poor air quality. This regulation continues to provide the most efficient and cost-effective means to determine the level and impact of excess emissions and to control those excess emissions. The department, through examination of the regulation and relevant public comments, has determined that the regulatory requirements currently minimize the economic impact of emission control regulations on small businesses and thereby minimize the impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth.

Contact Information: Cindy Berndt, Regulatory Coordinator, Department of Environmental Quality, 629 E. Main St., P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

DEPARTMENT OF CONSERVATION AND RECREATION
DEPARTMENT OF ENVIRONMENTAL QUALITY

Total Maximum Daily Load Studies for Holmes Run and Tripps Run

Announcement of total maximum daily load (TMDL) studies to restore water quality in portions of Holmes Run and Tripps Run that have an aquatic life use impairment.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Virginia Department of Conservation and Recreation (DCR) announce the first Technical Advisory Committee (TAC) meeting to introduce the Holmes Run and Tripps Run benthic TMDL studies.

Technical advisory committee meeting: Thursday, May 24, 2012, 1:30 p.m. - 3:30 p.m., Thomas Jefferson Library, Meeting Room 2, 7415 Arlington Boulevard, Falls Church, VA 22042.

Meeting description: This is the first meeting to introduce these TMDL projects to the TAC. The purpose of the TAC will be to provide technical input and insight for the project, and to assist with stakeholder and public participation.

Description of study: Portions of Holmes Run and Tripps Run have been identified as impaired on the Clean Water Act § 303(d) list for not supporting Virginia's water quality aquatic life use standard due to poor health of the benthic macroinvertebrate communities. Virginia agencies are working to identify the benthic stressors causing the aquatic life use impairments in Holmes Run and Tripps Run. Below is a description of the impaired portions of Holmes Run and Tripps Run that will be addressed in this study:

Stream Name	Location	Impairment	Area (miles)	Upstream Limit	Down-stream Limit
Holmes Run	Fairfax County	Aquatic Life Use Benthic Macroinver-tebrates	5.78	Head-waters of Holmes Run	Start of Lake Barcroft
Tripps Run	Falls Church Fairfax County	Aquatic Life Use Benthic Macroinver-tebrates	2.24	Head-waters of Tripps Run	Start of Lake Barcroft

During this study, DEQ will develop a TMDL for each of the impaired stream segments. A TMDL is the total amount of a pollutant a water body can receive and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL allocated amount.

How to comment: The public comment period on the materials presented at the TAC meeting will extend from May 24, 2012, to June 25, 2012. 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. Please send all comments to the contact listed below.

Contact for additional information: Jennifer Carlson, Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, telephone [phone], email [e-mail].

Development of a Water Quality Improvement Plan (Implementation Plan) for Impaired Shellfish Waters in Mathews, Middlesex, and Gloucester Counties

The Department of Conservation and Recreation (DCR) and the Department of Environmental Quality (DEQ) seek written and oral comments from interested persons on the development of an Implementation Plan (IP) for impaired shellfish waters, located in Mathews, Middlesex, and Gloucester Counties, Virginia. The nine tidal shellfish waters that feed into the Piankatank River and Milford Haven (Queens, Stutts, Morris, Billups, Edwards, Harper, Wilton, Healy, and Cobbs) and a portion of the Upper Piankatank River are on the state's list of dirty or impaired waters. The shellfish harvesting in these waters has been restricted due to excessive bacteria levels. The total maximum daily load (TMDL) studies for these waters can be found on the DEQ website at http://www.deq.virginia.gov/Programs/Water/
WaterQualityInformationTMDLs.aspx under the "Approved TMDL Reports" section as: pianka.pdf, pianharp.pdf, and gwynnisl.pdf.

Actions to restore water quality in these impaired tidal creeks will be the subject of a meeting to be held May 23, 2012, from 6:30 p.m. to 8:30 p.m. at the Middlesex Family YMCA, 11487 General Puller Highway, Hartfield, Virginia. At this meeting, TMDL findings and the development of the implementation plan will be discussed and citizens will learn how they can be part of the public participation process. DCR seeks information and involvement of local citizens in developing this plan. After a one-hour public meeting, stakeholders will break into working group sessions to discuss and provide input for the implementation plan.

The 30-day public comment period on the information presented at the meeting will end on June 22, 2012. Questions or information requests should be addressed to May Sligh, Department of Conservation and Recreation, Tappahannock Field Office, telephone [phone], or email [e-mail]. The written comments and inquiries should include the name, address, and telephone number of the person submitting the comments and should be sent to May Sligh, Department of Conservation and Recreation, Tappahannock Regional Office, P.O. Box 1425, Tappahannock, VA 22560.

Total Maximum Daily Load Implementation Plan for North Fork Rockfish River, South Fork Rockfish River, Rockfish River, and Taylor Creek Watersheds in Nelson County

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 total maximum daily load (TMDL) implementation plans (IPs) for the North Fork Rockfish River, South Fork Rockfish River, Rockfish River, and Taylor Creek watersheds in Nelson County. The tributaries of the Rockfish River were listed on the 2004 and 2006 § 303(d) TMDL Priority List and Report as impaired due to violations of the state's water quality standard for bacteria; in addition, Taylor Creek was listed in 2008 as impaired due to violations of the state's general water quality standard (benthic) for aquatic life. The bacteria impairment on the North Fork Rockfish River begins in the headwaters and extends 7.2 miles to its confluence with the Rockfish River. The South Fork Rockfish River bacterial impairment extends 11.6 miles from its headwaters to its confluence with the mainstem Rockfish River. The bacteria impairment on the Rockfish River extends from the confluence of its North and South Forks to its confluence with Davis Creek, which is a total of 6.5 miles. The benthic impairment on Taylor's Creek extends five miles from its headwaters to the confluence with North Fork Perry Creek.

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 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 third public meeting on the development of these TMDLs and IPs will be held during the Rockfish Valley Watershed Improvement Plan community meeting on Wednesday, May 16, 2012, 7 p.m. at Rockfish Valley Community Center, 190 Rockfish School Lane, Afton, VA 22920. The IP document will be available on the DEQ website the day of the meeting for public comment and review: http://www.deq.virginia.gov/Programs/Water/Water
QualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.

The public comment period for the IP will end on June 18, 2012. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Tara Sieber, Department of Environmental Quality, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, telephone [phone], FAX [phone], or email [e-mail].

DEPARTMENT OF CORRECTIONS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Corrections conducted a small business impact review of 6VAC15-45, Regulations for Private Management and Operation of Prison Facilities, and determined that this regulation should be retained in its current form. The Department of Corrections is publishing its report of findings dated September 8, 2011, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

Pursuant to § 2.2-4007.1 E and F, the Department of Corrections has considered the economic impact of regulation 6VAC15-45 on small business. The Department of Corrections has determined (i) there is continued need for the regulation based on legal mandate; (ii) the complexity of the regulation is appropriate to the subject matter; (iii) the regulation does not significantly overlap, duplicate, or conflict with federal or state law or regulation; and (iv) there have been no significant changes in technology, economic conditions, or other factors in the area affected by the regulation. The Department of Corrections has determined that there is no need for the regulation to be amended or repealed, consistent with the stated objectives of applicable law, to minimize the economic impact of regulations on small businesses.

Contact Information: James G. Bruce, Jr., Agency Regulatory Coordinator, Department of Corrections, 6900 Atmore Dr., Richmond, VA 23225, telephone [phone], FAX [phone], or email [e-mail].

DEPARTMENT OF ENVIRONMENTAL QUALITY

Draft Water Quality Restoration Study and Implementation Planning for the Chickahominy River and Tributaries Impaired for Bacteria in Hanover, Henrico, Charles City, and New Kent Counties and the City of Richmond

Public meeting: Mechanicsville Branch Library, 7461 Sherwood Crossing Place, Mechanicsville, Virginia 23111. Public meetings will be held on Thursday, May 24, 2012, at 2 p.m. and 6 p.m. Both meetings are open to the public. Afternoon and evening meetings will cover the same material.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) is announcing a draft total maximum daily load (TMDL) study to restore water quality and the initiation of the implementation plan for waterbodies mentioned above.

Meeting description: Public meetings provide an opportunity for the public to share their knowledge of the watershed and learn about pollution affecting community waters. Meetings will feature a summary of information from the draft TMDL, including watershed land use, water quality monitoring, suspected sources of bacteria, and the reduction of source bacteria required to meet water quality standards and will also feature an introduction of implementation planning (IP) for the watershed. Those attending the meeting are invited to ask questions, contribute their knowledge of the watershed, and participate in the working groups as part of the IP phase.

Description of study: Virginia agencies have been working to identify sources of the bacteria waters of the Chickahominy River and its tributaries:

Stream	County/City	Length (mi.)	Impairment
Stony Run	Hanover	0.21	Bacteria (primary contact/ swimming use)
Beaverdam Creek	Hanover	6.69
Chickahominy River	Henrico, Hanover	7.54
Boatswain Creek	Hanover	3.76
Collins Run	Charles City County	4.50

These streams are impaired for failure to meet the primary contact (recreational or swimming) designated use due to bacteria. The study reports on the sources of bacteria and recommends TMDLs for 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. The draft TMDL report will be available at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx one week prior to the meeting for review. The IP phase utilizes the source information and reductions necessary to meet water quality standards in order to devise a series of watershed measures, known as best management practices (BMPs). BMPs can be implemented throughout the watershed in order to meet the TMDL bacteria reduction goals. The IP phase requires the participation of watershed stakeholders at "working group" meetings to evaluate BMPs for the watersheds and the participation of a steering committee, made up of working group members, to guide the process.

How a decision is made: After the public meeting and all public comments have been considered and addressed, DEQ will submit the final TMDL report to the U.S. Environmental Protection Agency and the State Water Control Board for approval. When the IP report is eventually completed, following working group and steering committee meetings, draft review, and final public meeting and comment period, it will be provided to the State Water Control Board for approval.

How to comment: DEQ accepts written comments by email, FAX, or postal mail. Written comments should include your name, address, and telephone number and be received by DEQ during the comment period, which will begin on Friday, May 25, 2012, and end on Monday, June 25, 2012.

Contact for additional information: Margaret Smigo, TMDL Coordinator, Department of Environmental Quality, Piedmont Regional Office, 4949A Cox Road, Glen Allen, VA 23060, telephone [phone], FAX [phone], or email [e-mail].

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 Monday, May 14, 2012.

The meeting will start at 6:30 p.m. in the Northern Shores Elementary School 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 (IP) for the impaired water. The 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.

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 (TMDL) 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 (Dec 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 May 15, 2012, to June 13, 2012. For additional information or to submit comments, contact Jennifer Howell, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone [phone], or email [e-mail].

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 April 10, 2012, April 11, 2012, and April 12, 2012. The orders 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 Thirty-Seven (12)

"Buy $10 Worth of Scratch Tickets/Get a $1.00 Scratch Ticket Free Chain Promotion – Wilco and Slip In" Virginia Lottery Retailer Incentive Program Rules (effective April 12, 2012 and shall remain in full force and effect until ninety (90) days after the conclusion of the Incentive Program, unless otherwise extended by the Director)

Director's Order Number Thirty-Eight (12)

Virginia's Instant Game Lottery 1310; "Golden 7" Final Rules for Game Operation (effective April 12, 2012)

Director's Order Number Forty-One (12)

Virginia's Instant Game Lottery 1336; "Grills Gone Wild" Final Rules for Game Operation (effective April 12, 2012)

Director's Order Number Forty-Two (12)

Virginia Lottery's "Grills Gone Wild Scratcher Summer Sizzler Sweepstakes" Final Rules for Game Operation (effective April 12, 2012)

Director's Order Number Forty-Five (12)

Virginia's Instant Game Lottery 1314; "Triple 777" Final Rules for Game Operation (effective April 10, 2012)

Director's Order Number Forty-Six (12)

Virginia's Instant Game Lottery 1315; "Lucky Gold" Final Rules for Game Operation (effective April 10, 2012)

Director's Order Number Forty-Seven (12)

Virginia's Instant Game Lottery 1328; "Jewel 7'S" Final Rules for Game Operation (effective April 12, 2012)

Director's Order Number Forty-Eight (12)

Virginia's Instant Game Lottery 1337; "7 11 21®" Final Rules for Game Operation (effective April 10, 2012)

Director's Order Number Forty-Nine (12)

Virginia's Instant Game Lottery 1344; "Win It All" Final Rules for Game Operation (effective April 10, 2012)

Director's Order Number Fifty (12)

Virginia Lottery's Summer Grill-Off Contest" Final Rules for Game Operation (effective April 10, 2012)

STATE WATER CONTROL BOARD

Proposed Enforcement Action for Bundick Well and Pump Company

An enforcement action has been proposed for Bundick Well and Pump Company for alleged violations of the State Water Control Law at the Bundick Southern Septage Lagoon located in Painter, Virginia. 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 [phone], or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from May 7, 2012, to June 6, 2012.

Proposed Enforcement Action for the City of Chesapeake

An enforcement action has been proposed for City of Chesapeake for violations regarding the Lake Gaston Water Treatment Plant Virginia Pollutant Discharge Elimination System Permit No. VA0091405. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. John M. Brandt will accept comments by email at [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from May 7, 2012, to June 6, 2012.

Proposed Enforcement Action for Coastal Precast Systems, LLC

An enforcement action has been proposed for Coastal Precast Systems, LLC, for alleged violations of the Virginia Pollutant Discharge Elimination General Permit at its precast concrete facility at 1320 Yacht Drive, City of 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 Boulevard, Virginia Beach, VA 23462, from May 7, 2012, to June 6, 2012.

Proposed Consent Order for Gunston Elementary School Sewage Treatment Plant

An enforcement action has been proposed for the Fairfax County School Board for alleged violations in Fairfax County at the Gunston Elementary School Sewage Treatment Plant (STP). The amendment to order by consent describes a settlement to revise certain provisions of order by consent issued on June 22, 2010, and to resolve permit effluent violations at the STP. 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, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from May 8, 2012, through June 7, 2012.

Proposed Consent Special Order for Hampton Roads Sanitation District

An enforcement action has been proposed for the Hampton Roads Sanitation District and the Cities of Chesapeake, Hampton, Newport News, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; the Counties of Gloucester, Isle of Wight, and York; the James River Service Authority; and the Town of Smithfield to amend a Special Order by Consent which addresses sanitary sewer overflows in the Hampton Roads region. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Maria R. Nold will accept comments by email at [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from May 7, 2012, to June 6, 2012.

Proposed Enforcement Action for the City of Newport News

An enforcement action has been proposed for City of Newport News for violations regarding significant alteration to wetlands located at the corner of Industrial Park Drive and Jefferson Avenue. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. John Brandt will accept comments by email at [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from May 7, 2012, to June 6, 2012.

Proposed Enforcement Action for VA Timberline, LLC

An enforcement action has been proposed for VA Timberline, LLC, for violations of Virginia Water Protection Permit WP4-04-2205 on property adjacent to Lawnes Creek and the James River in 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. John Brandt will accept comments by email at [e-mail], FAX [phone], or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from May 7, 2012, to June 6, 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 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.