8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 31 Iss. 2 - September 22, 2014

GENERAL NOTICES/ERRATA

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Availability of Agricultural Stewardship Act Annual Report, April 1, 2013 - March 31, 2014

The Commissioner of Agriculture and Consumer Services announces the availability of the annual report of the Agricultural Stewardship Act entitled "Agricultural Stewardship Act Annual Report, April 1, 2013 – March 31, 2014." Copies of this report can be obtained by contacting Joyce Knight at telephone [phone], or email [e-mail]. The report is also available on the agency's website at http://www.vdacs.virginia.gov/stewardship/index.shtml. A written request may be sent to the address below. Copies of the report are available without charge.

Virginia Department of Agriculture and Consumer Services

Office of Policy, Planning and Research

P. O. Box 1163

Richmond, VA 23218

If you have questions regarding the report, please contact the agency at the telephone number listed above.

AIR POLLUTION CONTROL BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Air Pollution Control Board conducted a small business impact review of 9VAC5-45, Consumer and Commercial Products, and determined that this regulation should be retained in its current form. The Air Pollution Control Board is publishing its report of findings dated August 27, 2014, to support this decision in accordance with § 2.2-4007.1 F 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 updated in 2010. 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: Gary Graham, Regulatory Analyst, Office of Regulatory Affairs, Department of Environmental Quality, 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 Air Pollution Control Board conducted a small business impact review of 9VAC5-80, Permits for Stationary Sources, and determined that this regulation should be retained in its current form. The Air Pollution Control Board is publishing its report of findings dated August 27, 2014, to support this decision in accordance with § 2.2-4007.1 F 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 updated in 2009. This regulation continues to contribute to the most efficient and cost-effective means to determine the level and impact of excess emissions and to control those excess emissions through public discussion and direct review of permitting actions by the board.

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: Gary Graham, Regulatory Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

DEPARTMENT OF ENVIRONMENTAL QUALITY

Total Maximum Daily Load for Crooked Run, Stephens Run, West Run, Happy Creek, Manassas Run, Willow Brook, Borden Marsh Run, and Long Branch in Frederick, Warren, and Clarke Counties

Public meetings: A meeting will be held Tuesday, September 23, 2014, at 6.30 p.m. at the North Warren Fire Hall, 266 Rockland Court, Front Royal, VA 22630. This meeting will be open to the public and all are welcome. In the case of inclement weather, please contact Tara Sieber at telephone [phone].

Purpose of notice: The Department of Environmental Quality (DEQ), its contractors, Virginia Tech's Biological Systems Engineering Department, and the Technical Advisory Committee comprised of local landowners and interested parties, will present the results of a water quality study known as a total maximum daily load (TMDL) for Crooked Run and its tributaries, including Stephens Run and West Run, Happy Creek, Manassas Run, Willow Brook, Borden Marsh Run and Long Branch. This is an opportunity for local residents to learn more about the water quality study and find out how they can help. A public comment period will follow the meetings (September 23, 2014, through October 24, 2014).

Meeting description: A public meeting will be held to introduce to the local community the water quality improvement process in Virginia, known as the TMDL Process, review the work of the Technical Advisory Committee, solicit the input of the community, and review the next steps. Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report.

Description of study: Several streams in the Shenandoah River watershed do not meet Virginia's water quality standards due to excessive bacteria and have been placed on the 2006, 2008, and 2010 § 303(d) TMDL Priority List and Report as impaired. The bacteria standard preserves the "primary contact (recreational or swimming)" designated use for Virginia waterways. Excessive bacteria levels may pose a threat to human health. This water quality study reports on the sources of bacterial contamination and recommends reductions to meet total maximum daily loads (TMDLs) for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, bacterial levels need to be reduced to the TMDL amount. Virginia agencies are working to identify sources of bacterial contamination in the tributaries to the Shenandoah River, which will include the following waterways:

Stream	County	Length (miles)	Impairment
Crooked Run	Frederick/Warren	8.87 mi	bacteria (E. coli)
Stephens Run	Frederick	0.95 mi
West Run	Frederick/Warren	6.12 mi
Happy Creek	Warren	8.42 mi
Manassas Run	Warren	9.15 mi
Willow Brook	Warren	3.95 mi
Borden Marsh Run	Clarke/Warren	9.46 mi
Long Branch	Clarke	3.63 mi

In addition, Happy Creek does not host a healthy and diverse population of aquatic life, and subsequently was listed as impaired for the "general benthic (aquatic life)" water quality standard. This water quality study (TMDL) reviewed all data collected and determined the cause of the benthic impairment to be excess sediment. Reductions and a TMDL for sediment were developed as part of this water quality study.

Stream	County	Length (miles)	Impairment
Happy Creek	Warren	8.42 mi	aquatic life

How to comment: The public comment period for these public meetings will end on October 24, 2014. 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, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7870, FAX [phone], or email [e-mail].

Water Quality Improvement Plan for Crab Creek in Montgomery County and the Town of Christiansburg

The Virginia Department of Environmental Quality will hold a public meeting to present the draft water quality improvement plan for reducing agricultural, residential, and urban sources of fecal bacteria and sediment in Crab Creek in Montgomery County and the Town of Christiansburg on Tuesday, October 7, 2014. The meeting will be held from 6 p.m. to 8 p.m. at the Town Hall Building in the Town of Christiansburg at 100 East Main Street.

Segments of Crab Creek do not meet state water quality standards for fecal bacteria (i.e., E. coli) and aquatic life. Elevated levels of E. coli indicate an increased risk of illness for people who come in contact with water in the affected streams. Identified sources of E. coli in these watersheds include failing septic systems, discharges of untreated human waste (i.e., straight pipes), pets, and livestock waste.  Low aquatic life scores in Crab Creek are affected by sedimentation and are an indication of reduced water quality. Sediment sources include stream channel erosion, runoff from pastureland and cropland, and stormwater runoff from residential and urban areas.

The public meeting provides an opportunity for citizens and interested parties to ask questions and provide comments on the plan. The meeting will begin a 30-day period during which written public comments on the plan will be accepted. The comment period will close on November 7, 2014.

Questions, information requests, and comments should be addressed to Chris Burcher, Nonpoint Source Pollution Coordinator, Virginia Department of Environmental Quality, 355-A Deadmore Street, Abingdon, VA 24210, email [e-mail], or telephone [phone].

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on September 2, 2014. The orders may be viewed at the Virginia Lottery, 900 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 201 North 9th Street, 2nd Floor, Richmond, Virginia.

Director's Order Number One Hundred Four (14)

Virginia Lottery's "Money Ball Monday" Final Rules for Operation (effective September 15, 2014)

Director's Order Number One Hundred Nine (14)

Virginia Lottery's "Game Face" Promotion Final Rules for Operation (This Director's Order is effective nunc pro tunc to Tuesday, August 5, 2014, rescinds Director's Order Eighty-Eight (88) (14) and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Twelve (14)

Virginia's Computer-Generated Game Lottery "Fastplay $15,000 Cash Blast" Final Rules for Game Operation (effective September 8, 2014)

Director's Order Number One Hundred Thirteen (14)

Virginia's Computer-Generated Game Lottery "Fastplay $50,000 Blackjack" Final Rules for Game Operation (effective September 8, 2014)

Director's Order Number One Hundred Fourteen (14)

Virginia's Computer-Generated Game Lottery "Fastplay Bankroll Bingo" Final Rules for Game Operation (effective September 8, 2014)

Director's Order Number One Hundred Fifteen (14)

Virginia's Computer-Generated Game Lottery "Fastplay Hallo-Win" Final Rules for Game Operation (effective September 8, 2014)

Director's Order Number One Hundred Sixteen (14)

Virginia Lottery's "NASCAR® Championship Banquet" Event Promotion Final Rules for Operation (This Director's Order is effective nunc pro tunc to Wednesday, June 11, 2014, rescinds Director's Order 87 (14), and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Nineteen (14)

"$1,000,000 Money Ball Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (This Director's Order becomes effective on September 2, 2014, 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)

BOARD OF MEDICAL ASSISTANCE SERVICES

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 Board of Medical Assistance Services is currently reviewing each of the regulations listed below to determine whether it should be repealed, amended, or retained in its current form. The review of each regulation will be guided by the principles in Executive Order 17 (2014) and § 2.2-4007.1 of the Code of Virginia. Each regulation will be reviewed to determine 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.

12VAC30-5, Public Participation Guidelines

12VAC30-10, State Plan Under Title XIX of the Social Security Act Medical Assistance Program; General Provisions

12VAC30-20, Administration of Medical Assistance Services

The comment period begins September 22, 2014, and ends October 22, 2014.

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: Victoria Simmons, Regulatory Coordinator, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, 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 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.

VIRGINIA WASTE MANAGEMENT BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Waste Management Board conducted a small business impact review of 9VAC20-170, Transportation of Solid and Medical Wastes on State Waters, and determined that this regulation should be retained in its current form. The Virginia Waste Management Board is publishing its report of findings dated August 27, 2014, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The primary goal of this regulation is to protect the environment from discharges of solid wastes, regulated medical wastes, and municipal and industrial sludge from vessels transporting these wastes on state waters. The regulation contains specific container standards that must be met to transport these wastes. These requirements are continued to be needed to protect the environment from spills of these wastes that may occur during the transportation of these wastes.

During the public comment period for this periodic review commenters requested the regulation be modified to include auto-shredder residue (ASR), ash, and construction and demolition debris (CDD) as wastes that can be handled in bulk and that are not required to be containerized. The commenters stated they believed cargoes of ASR, ash, and CDD have no more, and sometimes less, potential for impact than numerous other non-waste cargoes handled in bulk. The agency does not believe that it would be protective of state waters to allow these wastes to be transported by the barge itself being the container. Due to the testing requirements for containers, the regulation is very specific concerning standards containers must meet prior to transportation of wastes on state waters. The standards included in the regulation make the regulation appear to be complex and technical; however, the regulated community is accustom to implementing and using technical container standards in everyday practice.

There are no applicable federal requirements for waste to be containerized to be transported on state waters.

The regulation was originally adopted in November of 2003. The regulation was amended in 2006, 2010, 2011, and 2012.

The agency believes the regulation should not be amended or repealed, to minimize the economic impact of the regulation on small businesses. The standards for transporting solid waste on Virginia waterways are necessary to protect Virginia waterways from the release of waste into state waters.

STATE WATER CONTROL BOARD

Proposed Consent Order for Burke Petroleum Realty, LLC

An enforcement action has been proposed for Burke Petroleum Realty, LLC in Burke and Falls Church, Virginia. The consent order describes a settlement to resolve violations of State Water Control Law and the applicable regulations associated with Exxon R/S #28066 and Exxon R/S #22693. A description of the proposed action is available at the Department of Environmental Quality office named below or online at http://www.deq.virginia.gov. Daniel Burstein will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from September 23, 2014, through October 23, 2014.

Proposed Consent Order for Fairfax Petroleum Realty, LLC and Dogwood Petroleum Realty, LLC

An enforcement action has been proposed for Fairfax Petroleum Realty, LLC and Dogwood Petroleum Realty, LLC in Fairfax County, Virginia. The consent order describes a settlement to resolve violations of State Water Control Law and the applicable regulations associated with Exxon R/S #26180 and Exxon R/S #28875. A description of the proposed action is available at the Department of Environmental Quality office named below or online at http://www.deq.virginia.gov. Daniel Burstein will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from September 23, 2014, through October 23, 2014.

Proposed Consent Order for NOVA Petroleum Suppliers, LLC and Dogwood Petroleum Realty, LLC

An enforcement action has been proposed for NOVA Petroleum Suppliers, LLC and Dogwood Petroleum Realty, LLC in Alexandria, Virginia. The consent order describes a settlement to resolve violations of State Water Control Law and the applicable regulations associated with Shell #6117, Shell #6136, and Shell #8500. A description of the proposed action is available at the Department of Environmental Quality office named below or online at http://www.deq.virginia.gov. Daniel Burstein will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from September 23, 2014, through October 23, 2014.

Proposed Enforcement Action for TAI Oak Hall, LLC

An enforcement action has been proposed for TAI Oak Hall LLC for alleged violations of the State Water Control Law at the Oak Hall Shopping Center in Oak Hall, Virginia. A description of the proposed action is available at the Department of Environmental Quality office named below or online at http://www.deq.virginia.gov. Mr. Robin Schuhmann will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from September 22, 2014, through October 22, 2014.

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]; FAX (804) 692-0625; 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.