8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 31 Iss. 24 - July 27, 2015

GENERAL NOTICES/ERRATA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Rocky Forge Small Wind Energy Project

The Department of Environmental Quality has received a Notice of Intent from Rocky Forge Wind, LLC (Rocky Forge), an affiliate of Apex Clean Energy Holdings, LLC. Rocky Forge intends to submit the necessary document for a permit by rule (PBR) for a small renewable energy project (wind) in Botetourt County, Virginia, pursuant to the Small Renewable Energy Projects (Wind) Permit By Rule regulation (9VAC15-40).

Rocky Forge is studying the feasibility of constructing and operating the Rocky Forge Wind Project (Project), which would be located on a remote tract of private property in northern Botetourt County. The Project site is ideal for a wind project due to the strong wind resource and existing onsite transmission line. The Project is likely to consist of 15 to 25 modern wind turbines, depending upon the turbine model selected, with a total project capacity not to exceed 80 MW. Rocky Forge is committed to responsibly developing the Project and complying with local, state, and federal permit standards to ensure the Project is a long-term benefit for both Botetourt County and the Commonwealth of Virginia.

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

STATE BOARD OF HEALTH

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Health is conducting a periodic review and small business impact review of 12VAC5-66, Regulations Governing Durable Do Not Resuscitate Orders.

The review of this regulation will be guided by the principles in Executive Order 17 (2014).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 July 27, 2015, and ends August 17, 2015.

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 Michael Berg, Regulation and Compliance Manager, Virginia Department of Health, Office of Emergency Medical Services, 1001 Technology Park Drive, Glen Allen, VA 23059, 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 both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

BOARD OF JUVENILE JUSTICE

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Juvenile Justice conducted a small business impact review of 6VAC35-11, Public Participation Guidelines and determined that this regulation should be retained in its current form. The Board of Juvenile Justice is publishing its report of findings dated June 25, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation has no impact on small business.

1. Section 2.2-4007.02 of the Code of Virginia  requires each agency subject to the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) to develop, adopt, and use public participation guidelines for soliciting the input of interested parties in the formation and development of the agency's regulations.

2. No comments or complaints have been received regarding this regulation.

3. The regulation is not complex and clearly outlines the requirements for notice and the timelines for public comment.

4. The regulation duplicates the requirements of the Virginia Administrative Process Act. The regulation does not conflict with federal or state law or regulation.

5. The regulation was last reviewed in September of 2008. As part of the review process, the department assessed whether changes or clarifications were needed. The conclusion was reached that no revisions to the regulation were necessary and maintaining this regulation is in keeping with the requirements of the Administrative Process Act.

Contact Information: Janet Van Cuyk, Manager, Legislative and Research Unit, Department of Juvenile Justice, P.O. Box 1110, Richmond, VA 23218-1110, 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 of Juvenile Justice conducted a small business impact review of 6VAC35-190, Regulations Governing Juvenile Work and Educational Release Programs and determined that this regulation should be retained in its current form. The Board of Juvenile Justice is publishing its report of findings dated June 25, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation is intended to have a positive impact on juveniles, communities, and small businesses. Allowing juveniles to work in communities during their commitment is intended to benefit the juvenile and the community by facilitating the juvenile's successful reintegration into society. The regulation does not place any undue burden on businesses. The only regulatory requirement related to businesses is the requirement that all federal and state laws and regulations including but not limited to those related to employment and child labor be followed. All other requirements of the regulation are requirements for juveniles and department staff.

1. The regulation is still necessary. Section 66-25.1:3 of the Code of Virginia authorizes the board to promulgate regulations governing the form and review process of agreements entered into by the director or his designee with a public or private entity for the operation of work programs for juveniles committed to the department. Additionally, the board is required to establish rules and regulations for work release programs established by the director.

2. No comments or complaints have been received regarding this regulation.

3. The regulation is not complex and clearly outlines the eligibility criteria and the requirements for procedures to ensure adequate supervision is provided to juveniles participating in work and education release programs.

4. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation.

5. The regulation was last reviewed in September of 2008. As part of the review process, the department assessed whether any changes or clarifications were needed. The conclusion was reached that no revisions to the regulation were necessary at this time. Maintaining this regulation is important because it provides clear, concise, and consistent requirements for work and education release programs for department staff and committed juveniles.

Contact Information: Janet Van Cuyk, Manager, Legislative and Research Unit, Department of Juvenile Justice, P.O. Box 1110, Richmond, VA 23218-1110, 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 June 16, 2015. 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 Seventy (15)

Virginia's Instant Game Lottery 1570 "Spades" Final Rules for Game Operation (effective June 22, 2015)

Director's Order Number Seventy-One (15)

Virginia's Instant Game Lottery 1569 "Triple Your Luck" Final Rules for Game Operation (effective June 22, 2015)

Director's Order Number Seventy-Four (15)

"Raise the Bar Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (This Director's Order becomes effective on July 14, 2015, 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 Seventy-Five (15)

Virginia Lottery's Redskins Champions Club Promotion Final Rules for Operation (This Director's Order becomes effective on Tuesday, August 4, 2015, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number Ninety-Five (15)

"Retailer Recruitment Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (This Director's Order becomes effective on July 1, 2015, 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 Ninety-Seven (15)

Virginia Lottery's "Premium Registration Coupon" Final Rules for Operation (This Director's Order becomes effective nunc pro tunc to Tuesday, June 15, 2015, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number Ninety-Eight (15)

Virginia Lottery's "Social Media Sweepstakes/Contest Promotion" Final Rules for Operation (This Director's Order becomes effective on July 1, 2015, and shall remain in full force and effect effective through December 31, 2015, unless amended or rescinded by further Director's Order)

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Professional and Occupational Regulation is conducting a periodic review and small business impact review of 18VAC120-11, Public Participation Guidelines.

The review of this regulation will be guided by the principles in Executive Order 17 (2014).

The purpose of this review is to determine whether this regulation should be repealed, 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 July 27, 2015, and ends August 17, 2015.

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 Mark N. Courtney, Senior Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, 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 both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

STATE WATER CONTROL BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Water Control Board conducted a small business impact review of 9VAC25-220, Surface Water Management Area Regulation and determined that this regulation should be retained in its current form. The State Water Control Board is publishing its report of findings dated June 17, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation continues to be needed. It establishes requirements for the use of surface water in surface water management areas, including reporting requirements from those withdrawing surface water and when a permit is or is not required. Surface water withdrawals need to be regulated to prevent negative impacts from occurring due to the over withdrawal of surface water. No comments were received during the public comment period.

The regulation is written to clearly describe the requirements within surface water management areas. The regulations in 9VAC25-220-70 B exclude certain scenarios from being required to obtain a permit. One of these exclusions is not requiring a permit for a surface water withdrawal of less than 300,000 gallons in any single month. Depending on the type of small business, this provision may exempt small businesses from being required to obtain a permit, while a larger business competing with the small business may be required to obtain a permit. This would provide the small businesses with some regulatory relief since their withdrawal would have a smaller impact on the environment.

This regulation is a state-only regulation and there is no equivalent federal regulation. This regulation is part of a series of regulations utilized by the State Water Control Board to protect water in the Commonwealth. The Surface Water Management Area Regulation is closely related to the Virginia Water Protection Permit Program Regulation (9VAC25-210) since both regulate impacts to surface waters. The Surface Water Management Area Regulation however specifically addresses surface water withdrawals regulated under the Surface Water Management Act of 1989. The Water Withdrawal Reporting regulation (9VAC25-200) requires withdrawers of surface water (and groundwater) to report monthly and annual withdrawals of water. Collectively the regulations adopted by the State Water Control Board protect state waters including surface waters, and regulating withdrawals of surface water within surface water management areas plays a role in protecting surface waters from impacts caused from the withdrawals.

The regulation was last amended in 2013 in response to Chapter 348 of the 2013 Acts of Assembly. Prior to that, the regulation was amended in 2000 in response to an act of the 1999 General Assembly. In recent years technology has improved the monitoring of surface water levels and flows, and more accurate information concerning surface water availability has been available to assist with making decisions concerning the use of surface water. This is important since both groundwater and surface water withdrawals are used to meet water supply demands and the supply of groundwater available is decreasing, which will potentially impact demand for surface water withdrawals.

The department has determined that the regulation should be retained. The department plans to recommend making minor revisions to the regulation to the State Water Control Board in the near future. These changes will update the citations in the regulation.

Contact Information: Melissa Porterfield, Office of Regulatory Affairs, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX (804) 698-4019, or email [e-mail].

Total Maximum Daily Loads for the Lower Chickahominy River and its Tributaries in New Kent, Charles City, and James City Counties

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of total maximum daily loads (TMDLs) for the Lower Chickahominy River and its tributaries in New Kent, Charles City, and James City Counties. These streams are listed on the § 303(d) TMDL Priority List and Report as impaired due to violations of the state's water quality standards for bacteria for recreation use.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the State Water Control Law (§ 62.1-44.2 et seq. of the Code of Virginia) require the DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report.

Waterbodies identified for TMDL development include the following:

Stream	Impairment	Location
Beaverdam Creek and	Recreation use (bacteria)	New Kent County
XAH-Beaverdam Creek, UT
Diascund Creek		New Kent and James City Counties
Mill Creek		James City County
Barrows Creek		Charles City County
Chickahominy River		Charles City, James City, New Kent Counties
Gordon Creek		James City County

The first public meeting on the development of the TMDL to address the recreation impairment for these segments will be held on Tuesday, July 28, 2015, at 10:30 a.m. at the Heritage Public Library located at 6215 D Chesapeake Circle, New Kent, VA 23124.

The public comment period begins July 29, 2015, and ends August 27, 2015.

An advisory committee to assist in development of this TMDL will be established. Persons interested in assisting should notify the DEQ contact person listed below by the end of the comment period and provide name, address, phone number, email address, and the organization being represented, if any. Notification of the composition of the panel 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, information requests, and written comments should be addressed to Margaret Smigo, 4949 Cox Road, Glen Allen, VA 23060, telephone [phone], or email [e-mail]. Please note all written comments should include the name, address, and telephone number of the person submitting the comments.

Total Maximum Daily Loads for North Fork Catoctin Creek in Loudoun County

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the draft stressor identification analysis in support of the development of total maximum daily loads (TMDLs) for North Fork Catoctin Creek in Loudoun County. Two segments of the stream are listed on the Draft 2014 § 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 communities.

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.

Stream Name	Location	Length (miles)	Upstream Limit	Downstream Limit
North Fork Catoctin Creek	Loudoun County	4.42	Unnamed tributary, located ~0.15 mile downstream of Route 287	Catoctin Creek
North Fork Catoctin Creek	Loudoun County	2.54	Unnamed tributary, located ~0.75 mile upstream of Route 719	Impoundment (Godfrey Pond)

The first public meeting will focus on the results of the draft stressor identification analysis, which identifies the stressors to the benthic communities in the North Fork Catoctin Creek watershed. The meeting will be held on Monday, August 3, 2015, 6 p.m., Purcellville Library, Robey Meeting Room, 220 East Main Street, Purcellville, VA 20132.

In case of inclement weather, the alternate meeting date is Monday, August 10, 2015, 6 p.m., Purcellville Library, Robey Meeting Room, 220 East Main Street, Purcellville, VA 20132.

The public comment period begins August 3, 2015, and ends September 2, 2015.

An advisory committee to assist in development of this TMDL was convened on May 20, 2015. A component of a TMDL is the wasteload allocations (WLAs); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Administrative Process Act for any future adoption of the TMDL's associated 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 Jennifer Carlson, Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3859, or email [e-mail].

Notice of Final Public Meeting for the Development of a TMDL Implementation Plan for Upper Rapidan River Watersheds: Garth Run, Rippin Run, Blue Run, Marsh Run, Beautiful Run, Poplar Run, Unnamed Tributaries to the Rapidan River, and the Rapidan River in Madison, Greene, Orange, and Albemarle Counties

The Virginia Department of Environmental Quality (DEQ) will host a public meeting on a water quality study for Garth Run, Rippin Run, Blue Run, Marsh Run, Beautiful Run, Poplar Run, unnamed tributaries to the Rapidan River, and the Rapidan River on August 13, 2015.

The meeting will start at 6 p.m. and will be held at James Madison's Montpelier in Lewis Hall, located at 13384 Laundry Road, Montpelier Station, VA 22957. The purpose of the meeting is to present the draft Upper Rapidan Implementation Plan to interested local community members and government staff.

The waters listed for this study were identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the E.coli bacteria criteria for recreational uses. The impairments are based on water quality monitoring data reports of sufficient exceedences of Virginia's water quality standard for bacteria. A draft implementation plan (IP) has been developed by DEQ in order to identify measurable goals for restoring water quality. The draft IP also includes corrective actions needed and their associated costs, benefits, and environmental impacts. Please see the link below for information presented during the first public meeting and working group meetings: http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLImplementation/TMDLImplementationProgress.aspx

The implementation plan has been under development for the last six months and has included a series of local meetings and input from local citizens and government agencies. A copy of the draft can be found at the link listed above the day after the public meeting.

The public comment period on materials presented at this meeting begins August 13, 2015, through September 14, 2015. For additional information or to submit comments, contact May Sligh, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, telephone [phone], or email [e-mail].

Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl

Notice of 30-day Public Comment Period on the Draft List of Impaired Waters Prioritized for TMDL or TMDL Alternative Development for 2016-2022

The Department of Environmental Quality (DEQ) seeks written or electronic comments from interested persons on the draft list of impaired waters prioritized for total maximum daily load (TMDL) or TMDL alternative development throughout 2016-2022. The public comment period begins July 27, 2015, and ends August 26, 2015. Please note that all written comments should include the name, address, and telephone number of the person submitting the comments. DEQ will hold a public meeting to address and discuss the draft list of impaired waters prioritized for TMDL or TMDL alternative development if there is sufficient interest from the public. For more information or to submit written or electronic comments, please contact Will Isenberg, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone [phone], or email [e-mail].

DEQ is implementing the national § 303(d) Vision, which facilitates the prioritization of impaired waters for TMDL or TMDL alternative development throughout 2016-2022. While the national § 303(d) Vision involves prioritizing impaired waters for TMDL or TMDL alternative development, DEQ took this opportunity to also prioritize impaired waters that require a stressor analysis report or a natural conditions report. TMDLs or TMDL alternatives are reports that outline necessary reductions in pollutant or pollution loads in order to restore water quality. In some cases, stressor analyses must be conducted prior to any restoration plan development due to the uncertain causes of water quality impairment. These reports analyze water quality data to determine what the most probable stressors are that contribute to the impaired status of the water. In other cases where either a stressor analysis or a watershed characteristic suggests that the impaired status of the water is due more to natural conditions than human activity, a natural conditions report is conducted.

Before finalizing the list of prioritized impaired waters, DEQ is seeking comments from the public on this draft list of priorities. DEQ will hold a public meeting to address and discuss the draft priorities list if there is sufficient interest from the public. Once all of the comments have been addressed following the 30-day public comment period, DEQ will finalize the 2016-2022 priorities list and post it on DEQ TMDL program webpage. The final list will also be published in the 2016, 2018, and 2020 biennial § 305(b)/303(d) Integrated Reports, where it will be available for additional public comment under the comment period for the entire Integrated Report.

External links to priorities information

1. Description of the Process for Prioritizing Impaired Waters

2. Maps of Draft Two Year Targets (2016-2017)

3. List of Draft Two Year Targets (2016-2017)

4. Map of Draft 2016-2022 Priority Waters and Watersheds

5. Summary of Draft 2016-2022 Priorities

6. Draft List of 2016-2022 Priority Waters by City/County

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.