8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 28 Iss. 20 - June 04, 2012

GENERAL NOTICES/ERRATA

AIR POLLUTION CONTROL BOARD

Proposed State Implementation Plan Revision

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed plan to assure necessary authorities are contained in the state implementation plan (SIP) to allow areas to attain and maintain the national ambient air quality standard for ozone. The Commonwealth intends to submit the plan as a revision to the Commonwealth of Virginia SIP in accordance with the requirements of § 110(a) of the federal Clean Air Act. The SIP is the plan developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act.

Purpose of notice: DEQ is seeking comment on the issue of whether the plan demonstrates the Commonwealth's compliance with federal Clean Air Act requirements related to general state plan infrastructure for controlling ozone.

Public comment period: June 4, 2012, to July 5, 2012.

Public hearing: A public hearing will be conducted if a request is made in writing to the contact listed below. In order to be considered, the request must include the full name and address of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice and another 30-day comment period will be conducted.

Description of proposal: The proposed revision will consist of a demonstration of compliance with the general requirements of § 110(a)(2) of the federal Clean Air Act for the 2008 ozone national ambient air quality standard (NAAQS).

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). The proposal will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to the Commonwealth of Virginia SIP.

How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DEQ by the last day of the comment period. All information received is part of the public record.

To review proposal: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website (http://www.deq.state.va.us/Programs/Air
/PublicNotices/airplansandprograms.aspx). The documents may also be obtained by contacting the DEQ representative named below. The public may review the documents between 8:30 a.m. and 4:30 p.m. of each business day until the close of the public comment period at the following DEQ locations:

1) DEQ Main Street Office, 629 East Main Street, 8th Floor, Richmond, VA, telephone [phone],

2) Southwest Regional Office, 355 Deadmore Street, Abingdon, VA, telephone [phone],

3) Blue Ridge Regional Office, Roanoke Location, 3019 Peters Creek Road, Roanoke, VA, telephone [phone],

4) Blue Ridge Regional Office, Lynchburg Location, 7705 Timberlake Road, Lynchburg, VA, telephone [phone],

5) Valley Regional Office, 4411 Early Road, Harrisonburg, VA, telephone [phone],

6) Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA, telephone [phone],

7) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone [phone], and

8) Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA, telephone [phone].

Contact Information: Doris A. McLeod, Air Quality Planner, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Title V Permit Program Funding

Purpose of notice: To announce a public comment opportunity on the establishment of fees to fund the Title V Permit Program.

Public comment period: May 16, 2012, through May 25, 2012.

Topic of public comment period: Department of Environmental Quality (DEQ) is providing an opportunity for the public to comment on draft final amendments to the regulations establishing fees for funding the Title V permit programs. The 2012-14 biennial budget (Item 365, subsection B) includes a requirement that the State Air Pollution Control Board adopt regulations adjusting permit program emissions fees and establishing permit application processing fees and permit maintenance fees sufficient to ensure that revenue covers total direct and indirect program costs. All of the fees are to be adjusted annually by the Consumer Price Index. Other provisions in the bill require that (i) all emission fees are to be collected annually, (ii) the initial adjustment of emission fees shall not exceed 30% over current fee rates, (iii) permit application fees shall not be credited toward the amount of emission fees owed, (iv) regulations adopted to implement the provisions of this item shall be exempt from the Administrative Process Act, and (v) the regulations are to be effective no later than July 1, 2012.

A copy of the draft final regulation is available on the website at http://www.deq.virginia.gov/Programs/Air/PublicNotices
/AirRegulations.aspx.

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

STATE CORPORATION COMMISSION

AT RICHMOND, MAY 10, 2012

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. PUE-2012-00043

Ex Parte: In the matter of revising the
rules of the State Corporation Commission
governing utility rate applications by electric
utilities subject to the Virginia Electric Utility
Regulation Act

ORDER INITIATING PROCEEDING

The State Corporation Commission ("Commission") initiates this proceeding to consider whether the Commission's Rules Governing Utility Rate Applications and Annual Informational Filings ("Rate Case Rules") should be revised.¹

In 2007, the Virginia General Assembly amended Chapter 23 of Title 56 of the Code of Virginia ("Code") ("Regulation Act"),² which significantly changed the manner in which electric utility rates are regulated. On December 16, 2008, in response thereto, the Commission adopted revisions to the Rate Case Rules.³

The Regulation Act authorizes several new types of regulatory cases, including biennial reviews of investor-owned incumbent electric utility earnings and specific rate adjustment clause ("RAC") proceedings that did not previously exist under Virginia law.⁴ Subsequent to the most recent revision of the Rate Case Rules, Appalachian Power Company and Virginia Electric and Power Company d/b/a Dominion Virginia Power have initiated numerous cases under the Regulation Act. For example, "going-in" rate cases and biennial reviews for both utilities, as well as a large number of RAC proceedings, have now taken place. As a result, since the most recent revisions to the Rate Case Rules, the utilities, interested parties, and the Commission have obtained actual experience in implementing the Regulation Act. During the course of these new proceedings, numerous questions regarding implementation of the new law have arisen.

The Commission finds that it is now appropriate to consider potential revisions to the Rate Case Rules applicable to rate proceedings conducted under the Regulation Act. Thus, given the complexity of the statute and the preference to avoid conflicting rules and practices across the many types of new statutory proceedings authorized by the Regulation Act, and to provide interested persons (including the investor-owned incumbent electric utilities subject to the Regulation Act) notice and an opportunity to comment on potential revisions to the rules and procedures applicable to future cases, the Commission will undertake a review of the Rate Case Rules applicable to rate proceedings conducted under the Regulation Act and will consider proposing and adopting additional revisions to the Rate Case Rules. Specifically, the Commission will: (i) seek and consider comments on matters regarding potential revisions, and then (ii) determine whether to propose specific revisions to the Rate Case Rules for further notice and comment.

As part of this review, the Commission seeks comment on the following questions:

1. Do any of the Schedules required to be filed in Biennial Review and RAC proceedings need to be revised or deleted or are new Schedules necessary? If so, explain in detail why such changes are necessary and include a sample format.

2. Are there potential revisions to the Rate Case Rules applicable to rate proceedings conducted under the Regulation Act that the Commission should consider?

Accordingly, IT IS ORDERED THAT:

(1) This matter is docketed and assigned Case No. PUE-2012-00043.

(2) On or before June 8, 2012, the Commission's Division of Information Resources shall publish on one occasion the following notice as classified advertising in newspapers of general circulation throughout the Commonwealth of Virginia:

NOTICE TO THE PUBLIC OF A PROCEEDING TO

CONSIDER WHETHER THE RULES GOVERNING

UTILITY RATE APPLICATIONS AND ANNUAL

INFORMATIONAL FILINGS SHOULD BE REVISED

The State Corporation Commission ("Commission") has initiated a proceeding to consider whether the Commission's Rules Governing Utility Rate Applications and Annual Informational Filings ("Rate Case Rules") should be revised.

In 2007, the Virginia General Assembly amended Chapter 23 of Title 56 of the Code of Virginia ("Regulation Act"), which significantly changed the manner in which electric utility rates are regulated. On December 16, 2008, in response thereto, the Commission adopted revisions to the Rate Case Rules in Case No. PUE-2008-00001.

The Regulation Act authorizes several new types of regulatory cases, including biennial reviews of investor-owned incumbent electric utility earnings and specific rate adjustment clause ("RAC") proceedings that did not previously exist under Virginia law. Subsequent to the most recent revision of the Rate Case Rules, Appalachian Power Company and Virginia Electric and Power Company d/b/a Dominion Virginia Power have initiated numerous cases under the Regulation Act. During the course of these new proceedings, numerous questions regarding implementation of the new law have arisen.

The purpose of this proceeding is to provide interested persons (including the investor-owned incumbent electric utilities subject to the Regulation Act) notice and an opportunity to comment on potential revisions to the rules and procedures applicable to future cases. Specifically, the Commission will: (i) seek and consider comments on matters regarding potential revisions, and then (ii) determine whether to propose specific revisions to the Rate Case Rules for further notice and comment.

As part of this review, the Commission seeks comment on the following questions:

(1) Do any of the Schedules required to be filed in Biennial Review and RAC proceedings need to be revised or deleted or are new Schedules necessary? If so, explain in detail why such changes are necessary and include a sample format.

(2) Are there potential revisions to the Rate Case Rules applicable to rate proceedings conducted under the Regulation Act that the Commission should consider?

On or before July 6, 2012, any interested person, including the Commission Staff and the investor-owned incumbent electric utilities subject to the Regulation Act, who desires to file written comments on matters regarding potential revisions to the Rate Case Rules may file such comments with Joel H. Peck, Clerk, State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218. All comments shall refer to Case No. PUE-2012-00043. Any person desiring to submit comments electronically may do so, on or before July 6, 2012, by following the instructions available at the Commission's website: http://www.scc.virginia.gov/case.

Upon consideration of any filed comments, the Commission will then determine whether to propose specific revisions to the Rate Case Rules.  Further notice and opportunity for comment would be provided for any such proposed revisions.

VIRGINIA STATE CORPORATION COMMISSION

(3) Any interested person, including the Commission Staff and the investor-owned incumbent electric utilities subject to the Regulation Act, who desires to file written comments on the matters regarding the potential revisions to the Rate Case Rules may file, on or before July 6, 2012, such comments with Joel H. Peck, Clerk, State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218.  All comments shall refer to Case No. PUE-2012-00043. Any person desiring to submit comments electronically may do so, on or before July 6, 2012, by following the instructions available at the Commission's website: http://www.scc.virginia.gov/case.

(4) This matter shall be continued generally pending further order of the Commission.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to all persons on the official service lists in Case Nos. PUE-2009-00019, PUE-2009-00030, PUE-2011-00027, and PUE-2011-00037. The Service Lists are available from the Clerk of the Commission, c/o Document Control Center, 1300 East Main Street, First Floor, Tyler Building, Richmond, Virginia 23219.  A copy also shall be sent to the Commission's Office of General Counsel and Divisions of Energy Regulation and Utility Accounting and Finance.

___________________

¹ 20 VAC 5-201-10 et seq.

² Va. Code § 56-576 et seq.

³ Commonwealth of Virginia, At the relation of the State Corporation Commission, Ex Parte: In the matter of revising the rules of the State Corporation Commission governing utility rate increase applications pursuant to Chapter 933 of the 2007 Acts of Assembly, Case No. PUE-2008-00001, 2008 S.C.C. Ann. Rept. 462, Order Adopting Regulations (Dec. 16, 2008).

⁴ See, e.g., Va. Code § 56-585.1.

DEPARTMENT OF ENVIRONMENTAL QUALITY AND
DEPARTMENT OF CONSERVATION AND RECREATION

Total Maximum Daily Loads and Implementation Plans for Long Meadow Run and
Turley Creek

The Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation (DCR) seek written and oral comments from interested persons on the development of total maximum daily loads (TMDLs) and implementation plans (IPs) for Long Meadow Run and Turley Creek in Rockingham County. These streams were listed in 2002 as impaired due to violations of the state's general water quality standard (benthic) for aquatic life. The aquatic life impairment on Long Meadow Run extends from its headwaters to the confluence with the North Fork Shenandoah River, which is a total of 8.53 miles. The Turley Creek aquatic life impairment extends a total of 4.01 miles from its headwaters to the confluence with the North Fork Shenandoah River.

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 on Wednesday, June 6, 2012, at 7 p.m. at J. Frank Hillyard Middle School, 226 Hawks Hill Drive, Broadway, VA 22815. The TMDL 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/WaterQualityInformationTMDLs/TMDL/TMDLImplementation/TMDLImplementationPlans.aspx.

The public comment period for the third public meeting will end on July 10, 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].

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 May 15, 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 Fifty-One (12)

Virginia's Instant Game Lottery 1332; "Bonus Crossword" Final Rules for Game Operation (May 14, 2012, effective nunc pro tunc to May 7, 2012)

Director's Order Number Fifty-Two (12)

Virginia's Instant Game Lottery 1346; "5X The Money" Final Rules for Game Operation (May 14, 2012)

REAL ESTATE APPRAISER BOARD

Public Comment Period and Study of Potential Continuing Education Curriculum

The Real Estate Appraiser Board (board) is conducting a study to evaluate the development of a continuing education curriculum for real estate appraiser licensees that includes the effects of the use of energy efficiency and renewable energy equipment on the determination of fair market value in the appraisal of nonincome producing residential real estate. The board invites public comment on this issue. This study is being conducted pursuant to Chapter 49 (House Bill 433) and Chapter 388 (Senate Bill 507) of the 2012 Acts of Assembly. The board welcomes written comments on this matter.

Written comments will be received until 5 p.m. on Thursday, July 5, 2012, and may be sent to the address below or sent to [e-mail]. Comments or questions should be sent to Christine Martine, Executive Director, Real Estate Appraiser Board, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone [phone], or email [e-mail].

STATE BOARD OF SOCIAL SERVICES

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services is conducting a periodic review of 22VAC40-690, Virginia Child Care Provider Scholarship Program.

The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia.

The purpose of this review is to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins June 4, 2012, and ends on June 25, 2012.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Kathy Gillikin, Program Manager, 801 E. Main Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

VIRGINIA SOIL AND WATER CONSERVATION BOARD

Proposed Consent Special Order for Moseley LP

Purpose of notice: To seek public comment on the terms of a proposed consent special order issued to 6801 Woolridge Road - Moseley LP (Moseley).

Public comment period: June 4, 2012, through July 4, 2012.

Summary of proposal: The proposed consent special order describes a settlement with Moseley to resolve alleged past violations of the Virginia Stormwater Management Act and Regulations at Moseley's Lower Magnolia Green construction project located off of Hull Street, Duval Road, and Otterdale Road in Chesterfield County.

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 during the comment period. A copy of the proposed consent special order is available on request from the person identified directly below as the contact.

Contact for public documents, documents, and additional information: Edward A. Liggett, Virginia Department of Conservation and Recreation, 900 Natural Resources Drive, Suite 800-DCR, Charlottesville, VA 22903, telephone [phone], FAX [phone], or email [e-mail].

Contact Information: David C. Dowling, Policy and Planning Director, Department of Conservation and Recreation, 203 Governor Street, Suite 302, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

STATE WATER CONTROL BOARD

Proposed Consent Special Order for Empire Petroleum Holdings, L.L.C.

An enforcement action has been proposed for Empire Petroleum Holdings, L.L.C. for violations at Fast Fuels 0406 9266 located at 420 N. Poplar Avenue, Waynesboro, VA. The State Water Control Board proposes to issue a consent special order to Empire Petroleum Holdings, L.L.C. to resolve violations regarding the management of underground storage tanks. 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, 4411 Early Road, Harrisonburg, VA 22801, from June 4, 2012, to July 4, 2012.

Proposed Consent Order for Reynolds Inliner, L.L.C.

An enforcement action has been proposed for Reynolds Inliner, LLC for violations in Fairfax County. The consent order resolves violations regarding an unauthorized discharge from the sanitary sewer collection system associated with the Noman M. Cole, Jr. Pollution Control Plant. 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 at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from June 5, 2012, through July 5, 2012.

Proposed Consent Special Order for Rio Holdings, L.L.C.

An enforcement action has been proposed for Rio Holdings, L.L.C. for violations at BP Gas Station and C Store in Charlottesville, Virginia. The State Water Control Board proposes to issue a consent special order to Rio Holdings, L.L.C. to resolve violations regarding the management of underground storage tanks. 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, 4411 Early Road, Harrisonburg, VA 22801, from June 4, 2012, to July 4, 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.