8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 32 Iss. 1 - September 07, 2015

AIR POLLUTION CONTROL BOARD

State Implementation Plan Revision
Major New Source Review Program Regulations (9VAC5-80, Revision D14)

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed revision to the Commonwealth of Virginia State Implementation Plan (SIP). The SIP is a 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. The Commonwealth intends to submit the regulation to EPA as a revision to the SIP in accordance with the requirements of § 110(a) of the federal Clean Air Act.

Regulations affected: Article 8, Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas (9VAC5-80-1605 et seq.) and Article 9, Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region (9VAC5-80-2000 et seq.) of Part II of 9VAC5-80, Permits for Stationary Sources, (Revision D14).

Purpose of notice: DEQ is seeking comment on the issue of whether the regulation amendments should be submitted as a revision to the SIP.

Public comment period: 30 Day Comment Forum September 7, 2015, through midnight on October 7, 2015.

Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed at the end of this notice. In order to be considered, the request must include the full name, address, and telephone number 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.

Public comment stage: Because the amendments have been adopted and are exempt from administrative procedures for the adoption of regulations, DEQ is accepting comment only on the issue cited under "purpose of notice" and not on the content of the regulation amendments.

Description of proposal: The purpose of the action is to amend the major new source review (NSR) program regulations such that certain provisions are consistent with EPA regulations. These amendments are needed in order for the program to operate more effectively and to encourage the implementation of projects that are more protective of air quality. The following specific changes have been made: (i) The definition of "baseline actual emissions" was amended to extend the lookback period from five to 10 years. (ii) The definition of "baseline actual emissions" was amended to enable different lookback periods for different regulated NSR pollutants. (iii) The regulations were amended to increase the plantwide applicability limit (PAL) effective period from five to 10 years. (iv) The definitions of "emissions unit" were amended and a definition of "replacement unit" was added in order to enable use of the baseline actual emissions of the unit being replaced and the projected actual emissions of the replacement unit.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law. 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 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 materials received are part of the public record.

To review regulation documents: The proposal and supporting documents are available on the DEQ Air Public Notices for Plans website at 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) Main Street Office, 8th Floor, 629 East Main Street, 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 Boulevard, Virginia Beach, VA, telephone [phone].

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

BOARD FOR BARBERS AND COSMETOLOGY

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 for Barbers and Cosmetology is currently reviewing each of the regulations listed below to determine whether the regulation 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). Public comment is sought on the review of any issue relating to each 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.

18VAC41-11, Public Participation Guidelines

18VAC41-20, Barbering and Cosmetology

18VAC41-40, Wax Technician Regulations

18VAC41-50, Tattooing Regulations

18VAC41-60, Body-Piercing Regulations

18VAC41-70, Esthetics Regulations

The comment period begins September 7, 2015, and ends September 28, 2015.

Agency Contact: Demetrios J. Melis, Executive 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.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Notice of Public Comment Period Regarding the Clean Power Plan

The Department of Environmental Quality (DEQ) is announcing an informal public comment period on the U.S. Environmental Protection Agency (EPA) Clean Power Plan. The plan has been established to cut carbon emissions (greenhouse gases) from existing power plants that generate electricity from fossil fuels. These new EPA rules may have a significant impact on the Commonwealth. Therefore, prior to taking any formal action, DEQ is gathering general input from the public to help inform the Commonwealth's review and implementation of EPA's final rules for existing power plants (see implement EPA's emission guidelines for existing power plants on EPA's website at http://www2.epa.gov/carbon-pollution-standards).

In addition to receiving general input from the public, the Commonwealth is also interested in identifying and collecting input from vulnerable and overburdened communities. These communities include low-income communities, communities of color, areas where people are most vulnerable to climate change, and communities where economies may be affected by changes in the utility power and related sectors.

How to comment to DEQ: Email written comments to [e-mail], send a FAX to [phone], or send postal mail to the Air Division, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, from August 13, 2015, to October 13, 2015. Please provide your full name, address, and telephone number. Note that there is no formal Commonwealth proposal available for comment at this time, and DEQ will not be preparing a response to comments.

Public listening sessions: DEQ will meet informally with the public to receive public input on the best way for Virginia to implement EPA's carbon reduction plan for existing power plants at a series of listening sessions around the state. The only topic under consideration will be the plan for existing power plants. These listening sessions are only for receiving input from the public, and there will be no formal presentations from DEQ. The dates and times of these listening sessions will be announced shortly.

Federal information: EPA has also issued two other rules for the control of carbon dioxide (CO₂) from power plants:

• Final new source performance standard for new power plants.

• Proposed federal plan and model rule for existing power plants. This rule is open for public comment; follow EPA's instructions in the preamble to the rule.

Learn more about these rules on EPA's website at http://www2.epa.gov/carbon-pollution-standards.

Virginia information: DEQ has established a web page with information about Virginia's actions for meeting the federal requirements at http://www.deq.virginia.gov/Programs/Air/GreenhouseGasPlan.aspx. This page will be updated periodically as new information and opportunities for public comment become available.

Contact Information: Air Division, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, email [e-mail], FAX [phone].

STATE BOARD OF HEALTH AND DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Notice of Request for Certificate of Public Need Applications for Development of Additional Nursing Home Beds Planning Target Year 2017

Legal Notice of Request for Certificate of Public Need Applications: Pursuant to the authority vested in the State Board of Health (board) and the Department of Medical Assistance Services (DMAS) by § 32.1-102.3:2 of the Code of Virginia, notice is hereby given of the proposed issuance of a request for applications (RFA). This RFA would be a request for certificate of public need (COPN) applications for projects that would result in an increase in the number of beds in which nursing home services are provided in the Commonwealth of Virginia. The RFA process is outlined in 12VAC5-220-335 of the Virginia Medical Care Facilities Certificate of Public Need Rules and Regulations.

Eligible Planning District and Total Nursing Home Beds Available for Authorization: In the review cycle that would be established by this RFA upon issuance of the final notice, the State Health Commissioner will consider requests for COPNs that propose an increase in nursing home beds in the planning district (PD) identified below and that propose an increase in beds no greater than the number of available beds shown below for that planning district. COPN requests that propose an increase in nursing home beds in any other planning district not identified below or propose an increase in beds greater than the number of available beds shown below for the eligible planning district will not be accepted for review.

Planning District 18, also known as the Middle Peninsula Planning District, consisting of the Counties of Essex, Gloucester, King and Queen, King William, Matthews, and Middlesex.

Total nursing home beds available for authorization: 30.

Evaluation of Need for Additional Nursing Home Beds: The "Nursing Facilities" component of the Virginia State Medical Facilities Plan (SMFP) contains a nursing home bed need forecasting method (12VAC5-230-610). This method has been employed by the Virginia Department of Health to compute a forecast of needed nursing home beds in 2017 in each of Virginia's 22 planning districts.¹

Consistent with the Virginia State Medical Facilities Plan (12VAC5-230-610 A), no planning district is considered to have a need for additional nursing home beds unless the average annual occupancy of all existing Medicaid-certified nursing home beds in the planning district was at least 93%, excluding the bed inventory and utilization of the Virginia Veterans Care Centers. For purposes of this document, the annual occupancy of Medicaid-certified nursing home beds was determined from filings with Virginia Health Information made by Virginia nursing homes covering their fiscal year ending in 2012.

Also, no planning district will be considered to have a need for additional nursing home beds if there are uncompleted new nursing home beds, for which Medicaid certification will be sought, that were authorized for the planning district within the three years prior to this notice of a proposed RFA. The following table displays, by planning district, the nursing home gross bed need forecast for 2017, the current licensed bed inventory plus uncompleted COPN-authorized additions of nursing home beds, and the net bed need forecast for 2017.

The table also shows the average annual occupancy rate of Medicaid-certified nursing home beds for each planning district for the 2012 reporting year and identifies the status of each planning district with respect to authorized but uncompleted new nursing home beds that are expected to be Medicaid-certified. The final column of the table states whether the planning district qualifies for additional nursing home (NH) beds for 2017.

Nursing Home Bed Need Forecast and
Whether a Planning District Qualifies for Additional Nursing Home Beds for 2017

Planning District	Gross Bed Need Forecast for 2017	Existing Plus Authorized Beds	Projected Net Bed Need in 2017	Average Occupancy Medicaid Beds 2012	Authorized but Uncompleted New Medicaid Beds	Planning District Qualifies for Additional NH Beds
1	503	641	(138)	87.0%	No	no--no need
2	426	539	(113)	77.6%	No	no--no need
3	1,460	1,525	(65)	83.0%	No	no--no need
4	898	788	110	87.3%	No	no--low occu.
5	2,151	2,285	(134)	89.7%	No	no--no need
6	1,898	1,516	382	90.5%	No	no--low occu.
7	1,035	992	43	90.2%	No	no--low occu.
8	5,454	4,478	976	87.8%	Yes	no--low occu.
9	871	806	65	90.2%	Yes	no--low occu.
10	1,279	1,037	242	91.7%	Yes	no--low occu.
11	1,663	1,596	67	89.4%	No	no--low occu.
12	2,218	1,929	289	90.3%	No	no--low occu.
13	943	881	62	87.2%	No	no--low occu.
14	628	670	(42)	88.8%	No	no--no need
15	4,421	4,059	362	91.3%	No	no--low occu.
16	896	785	111	83.9%	No	no--low occu.
17	339	308	31	91.3%	No	no--low occu.
18	576	540	36	93.0%	No	yes--30 beds
19	1,114	1,055	59	87.8%	No	no--low occu.
20	4,843	4,393	450	88.2%	No	no--low occu.
21	2,270	1,867	403	89.7%	No	no--low occu.
22	345	376	(31)	84.5%	No	no--no need
Total VA	36,231	33,066	3,165	88.6%

Sources: State Medical Facilities Plan (12VAC5-230-610)

University of Virginia Weldon Cooper Center (population projections, 2012 edition)

2006 Virginia Nursing Home Patient Survey, Health Systems Agency of Northern Virginia (for age-specific nursing home use rates)

Office of Licensure and Certification, VDH (for bed inventory).

Basis for Review: The State Health Commissioner, in her review of COPN requests submitted pursuant to this RFA, will consider each of the eight factors enumerated in § 32.1-102.3 B of the Code of Virginia, as applicable. She will also consider applicable standards of the State Medical Facilities Plan (12VAC5-230-600 et. seq.).

Projection of Potential Fiscal Impact: The Department of Medical Assistance Services projects total additional expenditures for medical services provided to Medicaid recipients of approximately $0.824 million ($0.412 million of Commonwealth general funds) for the fiscal year (FY) ending June 30, 2017, if all 30 beds included in this RFA are authorized and available for occupancy by July 1, 2016. This projection is based on the following principal assumptions:

Average proportion of beds filled during FY 2017	89%
Assumed Medicaid proportion of bed-days of service	62%
Average estimated payment rate per day (net of patient copayments)	$136

Schedule for Review: COPN requests filed in response to this RFA must be filed in accordance with the provisions of 12VAC5-220-355. The review schedules shown below will apply. Letters of intent and applications must be received by the Virginia Department of Health Division of COPN by the dates shown below in order to qualify for consideration in the specified review cycle.

Letter of intent must be received by November 2, 2015.

Application must be received by December 1, 2015.

Review cycle will begin on January 10, 2016.

Application Fees: The Virginia Department of Health shall collect fees for COPN applications filed in response to this RFA. No application may be deemed to be complete for review until the required application fee is paid. The fee is one percent of the proposed capital expenditure for the project, but not less than $1,000 or more than $20,000.

_______________________________________________

¹ For conduct of the certificate of public need program, the Virginia Department of Health continues to recognize the former Planning District 20, Southeastern Virginia, and the former Planning District 21, Peninsula, rather than Planning District 23, Hampton Roads, which combined the former PD 20 and PD 21.

DEPARTMENT OF PLANNING AND BUDGET

Commercial Activities List – Public Comments and Recommendations

Pursuant to § 2.2-1501.1. of the Code of Virginia, the Virginia Department of Planning and Budget (DPB) has developed the Commercial Activities List (CAL). The CAL is posted on the DPB website at https://www.dpb.virginia.gov under Documents, Instructions and Publications.

DPB is seeking written comments on the CAL and invites recommendations from the public regarding activities being performed by state agencies that might better be performed by the private sector. The public comment period will begin September 7, 2015, and end September 21, 2015. Please include "CAL" in the subject of the email.

Agency Contact: Cari Corr, Virginia Department of Planning and Budget, CAL, 1111 East Broad Street, Richmond, VA 23219, telephone [phone], or email [e-mail].

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Professional and Occupational Regulation conducted a small business impact review of 18VAC120-11, Public Participation Guidelines and determined that this regulation should be retained in its current form. The Department of Professional and Occupational Regulation is publishing its report of findings dated August 18, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

Section 2.2-4007.02 of the Code of Virginia mandates the agency to solicit the input of interested parties in the formation and development of its regulations. Therefore, the continued need for the regulation is established in statute. The regulation is necessary to protect public health, safety, and welfare by establishing public participation guidelines, which promote public involvement in the development, amendment, or repeal of an agency's regulation. By soliciting the input of interested parties, the agency is better equipped to effectively regulate the occupation or profession. Since no complaints or comments were received during the public comment period, there does not appear to be a reason to amend or repeal the regulation. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or contravene federal or state law or regulation. This is the first periodic review of the regulation since becoming effective in 2008. On August 18, 2015, the director reviewed the regulation and, for the reasons stated in this section, determined that the regulation should not be amended or repealed, but should be retained in its current form.

Agency Contact: 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].

STATE WATER CONTROL BOARD

Proposed Enforcement Action for Chesapeake Grain Company, Inc.

An enforcement action has been proposed for Chesapeake Grain Company, Inc. for alleged violations of the State Water Control Law in Chesapeake, 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 at [phone], or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from September 7, 2015, to October 7, 2015.

Proposed Consent Order for Virginia-American Water Company

An enforcement action has been proposed for Virginia-American Water Company for violations at the Hopewell Low Service Pump Station located at 915 Riverside Avenue in Hopewell, Virginia. The board proposes to issue a consent order to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from September 7, 2015, to October 8, 2015.

Public Meeting and Public Comment for a Water Quality Study (TMDL) of Long Meadow Run and Turley Creek

Public Meeting: A meeting will be held Monday, September 14, 2015, at 7 p.m. at J. Frank Hillyard Middle School at 226 Hawks Hill Drive, Broadway, VA 22815. This meeting will be open to the public and all are welcome. In the case of inclement weather, the meeting will take place on Thursday, September 17, 2015, at the same time and place. Please contact Tara Sieber at [phone] with any questions.

Purpose of notice: The Department of Environmental Quality (DEQ), its contractors, Virginia Tech's Biological Systems Engineering Department, and the local steering 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) and the recommendations in the implementation plan, or watershed clean-up plan, for Long Meadow Run and Turley Creek. This is an opportunity for local residents to learn more about the water quality study, the clean-up plan, and find out how they can make a difference to their local streams. A public comment period, beginning September 15, 2015, and ending October 16, 2015, will follow the meeting.

Meeting description: A public meeting will be held to reintroduce to the local community the water quality improvement process in Virginia, known as the TMDL process, review the work of the local steering committee, and solicit the input of the community on the TMDL document and the implementation plan, also known as a watershed clean-up plan. 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 North Fork Shenandoah River watershed do not meet Virginia's water quality standards. Long Meadow Run and Turley Creek 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. These streams do not host a healthy and diverse population of aquatic life and subsequently were listed as impaired for the "general benthic (aquatic life)" water quality standard. This water quality study reviewed all data collected and determined the cause of the benthic impairment to be excess sediment in both streams; in addition, nitrogen was identified as an issue in Long Meadow Run. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, sediment levels need to be reduced to the TMDL amount in both streams, and nitrogen should be reduced in Long Meadow Run. Virginia agencies worked with local community partners to identify sources of excess sediment and recommend actions, practices, and strategies that could achieve the necessary reductions. The stream segments included in this TMDL study and IP are as follows:

Stream	County	Length	Impairment
Long Meadow Run	Rockingham County	8.53 miles	General Benthic (Aquatic Life)
Turley Creek	Rockingham County	4.01 miles

How to comment: The public comment period for this public meeting and the TMDL water quality study and watershed clean-up plan begins September 15, 2015, and will end on October 16, 2015. 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 [phone], FAX [phone], or email [e-mail].

Public Meeting and Public Comment Period for Proposed Changes to Three River Basins' Water Quality Management Planning Regulations - Potomac-Shenandoah River Basin, Tennessee-Big Sandy River Basin, and Chesapeake Bay-Small Coastal-Eastern Shore River Basin

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on eight proposed revisions to wasteload allocations (WLAs) in the regulation for eight EPA approved total maximum daily loads (TMDLs). DEQ will hold a public meeting to describe these proposed revisions on September 17, 2015, at 1 p.m. - 2 p.m. in DEQ's Central Office 2nd Floor Conference Room A, 629 East Main Street, Richmond, VA 23219. In case of inclement weather, the public meeting will be held at the same location on September 29, 2015, at 1 p.m. The eight proposed revisions to the WLAs in the Potomac-Shenandoah River Basin (9VAC25-720-50 A), Tennessee-Big Sandy River Basin (9VAC25-720-90 A), and Chesapeake Bay-Small Coastal Eastern Shore River Basin (9VAC25-720-110 A) include revisions to seven errors and the revision of one WLA to be in accordance with the EPA-approved TMDL modification. The public comment period for these proposed revisions will begin on September 17, 2015, and end on October 19, 2015. If requested during the public comment period, an advisory group of relevant and interested stakeholders will be convened. Please note that all written comments should include the name, address, and telephone number of the person submitting the comments. For more information or to submit written or oral comments, please contact Will Isenberg, Department of Environmental Quality, Central Office, by postal mail at P.O. Box 1105, Richmond, VA 23218, by telephone at [phone], or by email at [e-mail].

The revisions to the Water Quality Management Planning Regulation are summarized below by river basin:

Potomac-Shenandoah River Basin (9VAC25-720-50 A):

The proposed revisions in the Potomac-Shenandoah River Basin Water Quality Management Planning Regulation (WQMPR) apply to TMDLs 1, 9, 58, and 59 in subsection A of 9VAC25-720-50. For TMDL #1, proposed changes include a revision of the stream name to read "Muddy Creek, Dry River and tributaries to North River," and a revision to the water body ID (WBID) to include B22R. For TMDL #9, the proposed change includes a revision of the current WLA to be the EPA approved value from the TMDL report of 116 lbs/year. TMDL #58 and #59 are duplicates of TMDLs #29 and #30, respectively. Therefore, it is proposed that TMDL #58 and #59 be removed from the WQMPR.

The following EPA approved TMDL reports apply to revisions for TMDLs 1, 9, 58, and 59 described above:

· TMDL #1: http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/shenrvr/muddyni.pdf

· TMDL #9: http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/shenrvr/plmillbc.pdf

· TMDLs #29 and #30 & #58 and #59: http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/ apptmdls/shenrvr/abropebc.pdf

Tennessee-Big Sandy River Basin (9VAC25-720-90 A):

The proposed revisions in the Tennessee-Big Sandy River Basin WQMPR apply to TMDLs #6 and #9 in subsection A of 9VAC25-720-90. For TMDL #6, the proposed change includes a revision of the current WLA in regulation to be the EPA approved value from the TMDL report of 21,732 lbs/year. For TMDL #9, the proposed change includes a revision of the current WLA in regulation to be the EPA approved value from the TMDL modification of 322,234 kg/year.

The following EPA approved TMDL reports and modifications apply to revisions for TMDLs #6 and #9 described above:

· TMDL #6:

http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/tenbigrvr/lewisbc.pdf

· TMDL #9 modification & report:

http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/mod/dumpsmod.pdf

http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/tenbigrvr/dumps.pdf

Chesapeake Bay-Small Coastal-Eastern Shore River Basin (9VAC25-720-110 A):

The proposed revisions in the Chesapeake Bay-Small Coastal-Eastern Shore River Basin WQMPR apply to TMDLs #3 and #4 in subsection A of 9VAC25-720-110. For TMDL #3, the proposed change includes a revision to the current WLA in regulation to be the EPA approved value from the TMDL report of 0.31 lbs/day. For TMDL #4, the proposed change includes a revision to the current WLA to be the EPA approved value from the TMDL report of 0.10 lbs/day.

The following EPA approved TMDL report applies to revisions for TMDLs #3 and #4 described above:

· TMDL# 3-4: http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/baycoast/millcrdo.pdf.

Proposed revisions to the WQMPRs are summarized below:

WQMPR	TMDL#	Stream Name	TMDL Title	City/County	WBID	Pollutant	WLA	Units
9VAC26-720-50	1	Muddy Creek, Dry River, and tributaries to North River	Nitrate TMDL Development for Muddy Creek/Dry River, Virginia	Rockingham	B21R, B22R	Nitrate	49,389	lbs/year
	9	Mill Creek	TMDL Development for Mill Creek and Pleasant Run	Rockingham	B29R	Phosphorus	116	lbs/year
	58	Abrams Creek	Opequon Watershed TMDLs for Benthic Impairments	Frederick and Clark	B09R	Sediment	1039	T/YR
	59	Lower Opequon	Opequon Watershed TMDLs for Benthic Impairments	Frederick and Clark	B09R	Sediment	1039	T/YR
9VAC26-720-90	6	Lewis Creek	Total Maximum Daily Load Development for the Lewis Creek Watershed	Russell	P04R	Sediment	21,732	lbs/year
	9	Dumps Creek	General Standard Total Maximum Daily Load Development for Dumps Creek, Russell County, Virginia	Russell	P08R	Total Suspended Solids	322,234	kg/year
9VAC26-720-110	3	Mill Creek	Total Maximum Daily Load for Dissolved Oxygen in Mill Creek, Northampton County, VA	Northampton	D06R	Organic Carbon as TC	0.31	lbs/day
	4	Mill Creek	Total Maximum Daily Load for Dissolved Oxygen in Mill Creek, Northampton County, VA	Northampton	D06R	Nutrients as TN	0.10	lbs/day

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.

ERRATA

REAL ESTATE BOARD

Title of Regulation: 18VAC135-20. Virginia Real Estate Board Licensing Regulations.

Publication: 31:26 VA.R. 2604-2426 August 24, 2015.

Correction to Final Regulation:

Page 2611, 18VAC135-20-120 B, table, second row, column 1 should read as follows: "Salesperson's or associate broker's license as a business entity"

Page 2611, 18VAC135-20-120 B, table, second row, column 1 should read as follows: "Salesperson's or associate broker's license as a business entity"

VA.R. Doc. No. R12-3250; Filed August 28, 2015, 3:39 p.m.