GENERAL NOTICES/ERRATA
Vol. 25 Iss. 12 - February 16, 2009

GENERAL NOTICES/ERRATA

STATE CORPORATION COMMISSION

AT RICHMOND, JANUARY 13, 2009

COMMONWEALTH OF VIRGINIA

At the relation of the

STATE CORPORATION COMMISSION

CASE NO. PUE-2009-00002

Ex. Parte: Establishing rate case filing schedule
for Virginia's investor-owned electric utilities
pursuant to § 56-585.1 A of the Code of Virginia

ORDER PROPOSING INITIATION OF RATE PROCEEDINGS AND SCHEDULE

This Order of the State Corporation Commission ("Commission") proposes a rate case filing schedule for Virginia's investor-owned electric utilities ("IOU") subject to the provisions of § 56-585.1 of the Code of Virginia ("Code").

In particular, § 56-585.1 A directs the Commission, after notice and opportunity for hearing, to initiate proceedings within the first six months of 2009 to review the rates, terms, and conditions for the provision of generation, distribution, and transmission services of each investor-owned incumbent electric utility ("2009 Rate Cases"). As set forth in this statute, the 2009 Rate Cases for Virginia's IOUs will be governed by the provisions of Chapter 10 (§ 56-232 et seq.) of Title 56 of the Code, except as modified by § 56-585.1 A of the Code.

The Commission proposes the following rate case filing dates:

Virginia Electric and Power Company d/b/a/ Dominion Virginia Power shall file its 2009 Rate Case on or before April 1, 2009.

Appalachian Power Company shall file its 2009 Rate Case on July 1, 2009.

The Potomac Edison Company d/b/a/ Allegheny Power shall file its 2009 Rate Case on October 1, 2009.

Accordingly, IT IS ORDERED THAT:

(1) On or before thirty (30) days from the date of this Order, interested persons may submit comments or requests for hearing on the filing dates proposed herein.  Comments or requests for hearing may be submitted in writing to the Clerk, State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia  23218-2118; or electronically by following the instructions available at the Commission's website: http://www.scc.virginia.gov/caseinfo.htm.

(2) This matter is hereby continued.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to:  Karen L. Bell, Esquire, Dominion Resources, Inc., P.O. Box 26532, Richmond, Virginia 23261; James R. Bacha, Esquire, American Electric Power Service Corporation, One Riverside Plaza, Columbus, Ohio 43215; Jeffrey P. Trout, Esquire, Allegheny Power, 800 Cabin Hill Road, Greensburg, Pennsylvania 15601; C. Meade Browder, Jr., Senior Assistant Attorney General, Division of Consumer Counsel, Office of Attorney General, 900 East Main Street, 2nd Floor, Richmond, Virginia 23219; and the Commission's Office of General Counsel and Divisions of Energy Regulation, Economics and Finance, and Public Utility Accounting.

DEPARTMENT OF CRIMINAL JUSTICE SERVICES

Edward Byrne Memorial Justice Assistance Grant (JAG) Program

The Department of Criminal Justice Services intends to submit an application to the Bureau of Justice Assistance of the U.S. Department of Justice to obtain supplemental federal fiscal year 2008 funding available through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The Bureau has advised us that the amount of the supplement is $200,000.

The department will use these funds to make grants to support local and state agency law-enforcement, prosecution and judicial programs; crime prevention and education programs; corrections and community corrections programs; drug treatment programs; and planning, evaluation and technology improvement programs.

The application to the Bureau of Justice Assistance is available for public review at the department’s offices at 202 North Ninth Street, Richmond, Virginia 23219; and comments from the public are welcome.  Inquiries should be directed to Joe Marshall at (804) 786-1577 or by email to joe.marshall@dcjs.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Announcement of Public Meetings for the Results of a Water Quality Restoration Study for the James River and Tributaries in Richmond City, Chesterfield, Henrico, and Powhatan Counties, Virginia

Public meeting: VCU Monroe Campus, 1000 W. Cary Street, Trani Life Sciences Building, Room 151, Richmond, Virginia 23284. Public meetings will be held on Tuesday, March 10, 2009, from 2 p.m. to 4 p.m. and 6 p.m. to 8 p.m. In case of inclement weather, check the DEQ website for a rescheduled date. Both meetings are open to the public.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation are presenting the final draft report of a study to restore water quality, a public comment opportunity, and two public meetings.

Meeting description: Final public meetings on a study to restore water quality along the James River and tributaries in and around the jurisdictions mentioned in the title above.

Description of study: Virginia agencies have been working to identify sources of the bacterial contamination in the waters of the James River and its tributaries in the following jurisdictions:

Stream

County/City

Length (mi.)

Impairment

Bernards Creek

Chesterfield, Powhatan

6.95

Bacteria

Powhite Creek

Chesterfield, Richmond City

8.13

Bacteria

Reedy Creek

Richmond City

3.69

Bacteria

James River

Richmond City

2.99

Bacteria

Gillies Creek

Richmond City, Henrico

5.75

Bacteria

Almond Creek

Henrico

2.08

Bacteria

Goode Creek

Richmond City

1.22

Bacteria

Falling Creek

Chesterfield

3.10

Bacteria

No Name Creek

Chesterfield

2.07

Bacteria

James River

Chesterfield, Henrico, Richmond City

6.75

Bacteria

These streams are impaired for failure to meet the Primary Contact (Recreational) designated use because of bacterial standard violations.

The study reports the sources of bacterial contamination and recommends 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 have to be reduced to the TMDL amount.

How a decision is made: The development of a TMDL includes a public comment period, including public meetings. After public comments have been considered and addressed, DEQ will submit the TMDL report to the U.S. Environmental Protection Agency for approval.

How to comment: DEQ accepts written comments by email, fax or postal mail. Written comments should include the name, address and telephone number of the person commenting and be received by DEQ during the comment period, which will end on April 10, 2009. DEQ also accepts written and oral comments at the public meeting announced in this notice.

Contact for additional information: Margaret Smigo, TMDL Coordinator, department of Environmental Quality, Piedmont Regional Office, 4949A Cox Road, Glen Allen, VA 23060, telephone (804) 527-5124, FAX (804) 527-5106, or email mjsmigo@deq.virginia.gov.

Proposed Consent Order for Boone Homes, Inc.

An enforcement action has been proposed for Boone Homes, Inc., of Roanoke for alleged violations in Roanoke County, Virginia. The Special Order by Consent will address and resolve certain violations of environmental law, regulations, and Boone Homes, Inc., of Roanoke’s Virginia Water Protection Permit. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Jerry Ford, Jr. will accept comments by email at jrford@deq.virginia.gov or postal mail at Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019 from February 17, 2009, to March 18, 2009.

Proposed Consent Order for Palm Pools Service Corporation

An enforcement action has been proposed for Palm Pools Service Corporation for alleged violations at the Palm Pools facility in Prince William County. The consent order describes a settlement to resolve hazardous waste violations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Stephanie Bellotti will accept comments by email at sabellotti@deq.virginia.gov, FAX (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from February 17, 2009, through March 19, 2009.

Announcement of Public Meetings Relating to Report to Restore Water Quality for Shellfish Growing Areas Along Owens Pond, Little Taskmakers Creek, and an UT to the Chesapeake Bay

Public meeting: March 12, 2009, at the Northumberland Public Library, 7204 Northumberland Highway, Heathsville, Virginia 22473. An afternoon public meeting will be held from 1 p.m. to 3 p.m. and the evening public meeting from 6 p.m. to 8 p.m.  The library asks that you please park at the side or in back of the building.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation are presenting a summary of the final draft report to restore water quality for a shellfish growing area, a public comment opportunity, and two public meetings.

Meeting description: Final public meetings to present a study to restore water quality for shellfish growing areas along Owens Pond, Little Taskmakers Creek, and an UT to the Chesapeake Bay near Fleeton Point that are impaired due to bacterial violations.

Description of study: Virginia agencies have been working to identify sources of the bacterial contamination in the shellfish growing waters of the (tidal) Owens Pond and Little Taskmakers Creek including their tributaries, and an UT to the Chesapeake Bay near Fleeton Point. These condemnations include an area of approximately 0.246 square miles in Northumberland County. These streams are impaired for failure to meet the designated use of shellfish consumption because of bacterial water quality standard violations.

Stream

County

Area (miles²)

Impairment

Owens Pond

Northumberland

0.187

Shellfish Use (Fecal Coliform) bacteria

Little Taskmakers Creek

Northumberland

0.040

UT to Chesapeake Bay

Northumberland

0.019

The study reports the "maximum extent" status of the creeks via sampling performed by the Virginia Department of Health, Division of Shellfish Sanitiation, shellfish area condemnations and the possible sources of bacterial contamination.  The study recommends 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 have to be reduced to the TMDL amount.

How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period, which will expire on April 13, 2009. DEQ also accepts written and oral comments at the public meeting announced in this notice.

Contact for additional information: Margaret Smigo, TMDL Coordinator, Department of Environmental Quality, Piedmont Regional Office, 4949A Cox Road, Glen Allen, VA 23060, telephone (804) 527-5124, FAX (804)-527-5106, or email mjsmigo@deq.virginia.gov.

Bacteria Total Maximum Daily Load for the Pamunkey River Basin

Notice is hereby given that the Virginia Department of Environmental Quality (DEQ) requests comment on the proposed modifications to the bacteria total maximum daily load (TMDL) developed for the Pamunkey River Basin in Louisa, Caroline, Hanover, Orange, King William, and New Kent counties.

The total maximum daily load (TMDL) of E. coli was developed to address bacterial impairment in the Pamunkey River Basin. The TMDL was approved by the Environmental Protection Agency (EPA) on August 2, 2006, and can be found at the following website:

www.epa.gov/reg3wapd/tmdl/VA_TMDLs/PamunkeyRiver
Bac/PamunkeyRvBac_DR.pdf

The DEQ seeks written comments from interested persons on the modification of this TMDL. In the Pamunkey River Basin bacterial TMDL approved by the U.S. Environmental Protection Agency and the State Water Control Board in 2006, the HRSD King William Sewage Treatment Plant (STP), permit number (VA0088102), was issued a waste load allocation of 8.71E+10 cfu/year, based on the design flow of 0.050 million gallons per day (MGD) at the time of issuance. DEQ proposes to revise the TMDL by increasing the bacteria waste load allocation to 1.74E+11 cfu/year to accommodate this facility at a maximum design flow of 0.100 MGD and an E. coli concentration of 126 N/100mL.  The expansion will result in an increase to the total TMDL for Moncuin/Webb Creek (VAP-F13-04) to 3.55E+11 cfu/year.

This increase will neither cause nor contribute to the nonattainment of the Pamunkey River Basin, as documented in the EPA approved TMDL report. This modification was anticipated and an expansion matrix for two times the WLA was included in the TMDL report.

The public comment period for this modification will end on March 16, 2009. Questions or information requests should be addressed to Margaret Smigo. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 527-5124, or email mjsmigo@deq.virginia.gov.

Total Maximum Daily Load Studies in Mill Creek and Oyster Harbor, Northampton County

The Virginia Department of Environmental Quality (DEQ) will host a public meeting on water quality studies for Mill Creek and Oyster Harbor, both located in Northampton County, on Tuesday, February 24, 2009.

The meeting will start at 6:30 p.m. in the Kiptopeke Elementary School Library located at 24023 Fairview Road, Cape Charles.  The purpose of the meeting is to provide information and discuss the study with interested local community members and local government.

Mill Creek (VAT-D06R-01) was identified in Virginia’s 1998 § 303(d) TMDL Priority List and Report as impaired for not supporting the aquatic life use.  The impairments are based on water quality monitoring data reports of sufficient exceedances of Virginia’s water quality standard for dissolved oxygen. Oyster Harbor (VAT-D05E-10) was identified in Virginia’s 1998 § 303(d) TMDL Priority List and Report as impaired for not supporting the shellfishing use. The impairment is based on the shellfish harvesting condemnation of Growing Area 94 imposed by the Virginia Department of Health-Division of Shellfish Sanitation.

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 and subsequent Water Quality Assessment Reports.

During the study, DEQ will develop a Total Maximum Daily Load 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, pollutant levels have to be reduced to the TMDL amount.

The public comment period on materials presented at this meeting will extend from February 24, 2009, to March 25, 2009. For additional information or to submit comments, contact Jennifer Howell, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone (757) 518-2111, or email jshowell@deq.virginia.gov. Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

Total Maximum Daily Load Study in Sandy Bottom Branch and Tributary, Accomack County

The Virginia Department of Environmental Quality (DEQ) will host a public meeting on a water quality study for Sandy Bottom Branch and tributary, located in Accomack County, on Thursday, February 19, 2009.

The meeting will start at 6 p.m. in the Arcadia Middle School cafeteria located at 29485 Horsey Road in Oak Hall. The purpose of the meeting is to provide information and discuss the study with interested local community members and local government.

Sandy Bottom Branch (VAT-C10R-02) and its tributary (VAT-C10R-01) were identified in Virginia’s 1998 § 303(d) TMDL Priority List and Report as impaired for not supporting the aquatic life use. The impairments are based on biological monitoring data of the stream’s benthic community. Virginia agencies are working to identify the stressors that are affecting the benthic communities in these creeks.

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 and subsequent Water Quality Assessment Reports.

During the study, DEQ will develop a total maximum daily load 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, pollutant levels have to be reduced to the TMDL amount.

The public comment period on materials presented at this meeting will extend from February 19, 2009, to March 20, 2009. For additional information or to submit comments, contact Jennifer Howell, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone (757) 518-2111, or email jshowell@deq.virginia.gov. Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

DEPARTMENT OF ENVIRONMENTAL QUALITY AND DEPARTMENT OF CONSERVATION AND RECREATION

Watershed Cleanup Plan

The Virginia Department of Conservation and Recreation and the Department of Environmental Quality will host a public meeting on Tuesday, March 3, 2009, in Kilmarnock, Virginia, on the development of a cleanup plan for Greenvale and Beach creeks in Lancaster County, Virginia.

The meeting will start at 6 p.m. at the Bank of Lancaster North Branch Meeting Room located at 432 N. Main Street in Kilmarnock, Virginia. The meeting will describe the process for developing the plan and how citizens can be involved in the plan development.

DEQ has developed a total maximum daily load (TMDL) for polluted streams in the Greenvale and Beach creeks watersheds. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. The streams have excessive bacteria which decrease the quality of the water, prohibiting the harvest of molluscan shellfish. To restore water quality, pollutant levels have to be reduced to the TMDL amount.

The public comment period on materials presented at this meeting will extend from March 3, 2009, to April 3, 2009. For more information, contact May Sligh, IP Coordinator, Department of Conservation and Recreation, Tappahannock Field Office, telephone (804) 443-1494 and email at may.sligh@dcr.virginia.gov. Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

DEPARTMENT OF HEALTH

Notice of Agreement with Nuclear Regulatory Commission

Pursuant to 12VAC5-481-160 and 12VAC5-490-40, the Department of Health, Division of Radiological Health, is announcing that the Commonwealth of Virginia is entering into an agreement on March 31, 2009, with the Nuclear Regulatory Commission (NRC) under the provisions of § 274b of the Atomic Energy Act of 1954, as amended.

By entering into this agreement the Division of Radiological Health will protect the public and occupational radiation workers and maintain effective control over licensed radioactive materials to ensure their safe handling and disposal by regulating the following: (i) any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material; (ii) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily of its source material content; (iii) any discrete source of radium-226 that is produced, extracted, or converted after extraction for use for a commercial, medical, or research activity; (iv) any material that has been made radioactive by use of a particle accelerator and is produced, extracted, or converted after extraction for use for a commercial, medical, or research activity; and (v) any discrete source of naturally occurring radioactive material (NORM), other than source material that the Nuclear Regulatory Commission (NRC), in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Homeland Security, and the head of any other appropriate federal agency, determines would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety or the common defense and security, that is extracted, or converted after extraction, for use for a commercial, medical, or research activity.

Any questions should be directed to Leslie P. Foldesi, Director, Division of Radiological Health, 109 Governor Street, Room 730, Richmond, VA 23219, FAX (804) 864-8155, or email les.foldesi@vdh.virginia.gov.

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 January 23, 2009 and January 27, 2009. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, Virginia.

Final Rules for Game Operation:

Director's Order Number One (09)

Virginia's Instant Game Lottery 1089; "Sacks of Cash" (effective 1/19/09)

Director's Order Number Seven (09)

Virginia's Instant Game Lottery 1121; "Bass Pro Shops" (effective 1/19/09)

Director's Order Number Seventy-Seven (08)

Virginia's Instant Game Lottery 1038; "Bingo Doubler" (effective 1/21/09)

Director's Order Number Seventy-Eight (08)

Virginia's Instant Game Lottery 1097; "Beat The Dealer" (effective 1/21/09)

Director's Order Number Eighty (08)

Virginia's Instant Game Lottery 1106; "Crossword" (effective 1/21/09)

Director's Order Number Eighty-Nine (08)

Virginia's Instant Game Lottery 1103; "Face Cards" (effective 1/21/09)

Director's Order Number Two (09)

Virginia's Instant Game Lottery 1107; "$100,000 Bankroll" (effective 1/21/09)

Director's Order Number Three (09)

Virginia's Instant Game Lottery 1109; "Win Pigs Fly" (effective 1/21/09)

Director's Order Number Four (09)

Virginia's Instant Game Lottery 1118; "Magic 8 Ball" (effective 1/21/09)

Director's Order Number Five (09)

Virginia's Instant Game Lottery 1119; "Fabulous 5's" (effective 1/21/09)

Director's Order Number Six (09)

Virginia's Instant Game Lottery 1120; "Flying Aces" (effective 1/21/09)

* * * * * * * *

Director's Orders

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on January 27, 2009.

Director's Order Number Eight (09)

Certain Virginia Instant Game Lotteries; End of Games.

In accordance with the authority granted by §§ 2.2-4002 B 15 and 58.1-4006 A of the Code of Virginia, I hereby give notice that the following Virginia Lottery instant games will officially end at midnight on January 30, 2009:

Game 713

Blackjack

Game 727

Double Triple Cashword

Game 738

Hit $200,000

Game 773

$100 Million Cash Extravaganza

Game 804

Extreme 7's

Game 805

Blackjack Bonus

Game 1009

Cut The Deck

Game 1015

Tax Free Million

Game 1016

Whole Lotta 100's

Game 1018

Big Money

Game 1021

Kings and Queens

Game 1024

Lucky Dog

Game 1031

Easy Money

Game 1034

King of Cash

Game 1040

Washington Nationals

Game 1050

Deal or No Deal

Game 1059

Sizzlin' 7's

Game 1060

Good Luck Tripler

Game 1066

Triple Dough

Game 1069

Monster Money

Game 1079

Stocking Stuffer

Game 1080

Deuces Wild

Game 1081

Holiday Dough Doubler

Game 1082

Holiday Treasures

The last day for lottery retailers to return for credit unsold tickets from any of these games will be March 6, 2009. The last day to redeem winning tickets for any of these games will be July 29, 2009, 180 days from the declared official end of the game. Claims for winning tickets from any of these games will not be accepted after that date.  Claims that are mailed and received in an envelope bearing a postmark of the United States Postal Service or another sovereign nation of July 29, 2009, or earlier, will be deemed to have been received on time.  This notice amplifies and conforms to the duly adopted State Lottery Board regulations for the conduct of lottery games.

This order is available for inspection and copying during normal business hours at the Virginia Lottery headquarters, 900 East Main Street, Richmond, Virginia; and at any Virginia Lottery regional office. A copy may be requested by mail by writing to Director's Office, Virginia Lottery, 900 East Main Street, Richmond, VA 23219.

This Director's Order becomes effective on the date of its signing and shall remain in full force and effect unless amended or rescinded by further Director's Order.

/s/ Paula I. Otto

Executive Director

January 21, 2009

STATE WATER CONTROL BOARD

Notice of Amendment of Water Quality Management Planning Regulation

Notice of action: The State Water Control Board (board) is considering the amendment of the regulation on water quality management planning in accordance with the Public Participation Procedures for Water Quality Management Planning.  A regulation is a general rule governing people's rights or conduct that is upheld by a state agency.

Purpose of notice: The board is seeking comments through the Department of Environmental Quality on the proposed amendment. The purpose of the amendment to the state’s Water Quality Management Planning Regulation (9VAC25-720) is to adopt nine total maximum daily load (TMDL) waste load allocations.

Public comment period: February 16, 2009, to March 16, 2009.

Description of proposed action: DEQ staff will propose amendments of the state’s Water Quality Management Planning regulation for the Potomac-Shenandoah River Basin (9VAC25-720-50 A), the Tennessee-Big Sandy River Basin (9VAC25-720-90 A), the James River Basin (9VAC25-720-60 A), and the Chesapeake Bay-Small Coastal Basin (9VAC25-720-110 A).  Statutory authority for promulgating these amendments can be found in § 62.1-44.15(10) of the Code of Virginia.

Staff intends to recommend (i) that the board approve four TMDL reports and one TMDL modification as the plans for the pollutant reductions necessary for attainment of water quality goals in the impaired segments, and (ii) that the board adopt nine TMDL waste load allocations as part of the state’s Water Quality Management Planning Regulation in accordance with § 2.2-4006 A 4 c and B of the Code of Virginia.

The four TMDL reports and one TMDL modification were developed in accordance with federal regulations (40 CFR 130.7) and are exempt from the provisions of Article II of the Virginia Administrative Process Act.  The reports were subject to the TMDL public participation process contained in DEQ’s Public Participation Procedures for Water Quality Management Planning.  The public comment process provides the affected stakeholders an opportunity for public appeal of the TMDLs.  EPA approved all TMDLs presented under this public notice. The approved reports can be found at https://www.deq.virginia.gov/TMDLDataSearch/ReportSearch.jspx

Affected Waterbodies and Localities:

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

"Benthic TMDL Development for Difficult Run, Virginia"- The benthic TMDL for Difficult Run, located in Fairfax, proposes sediment reductions for portions of the watershed and provides a sediment wasteload allocation of 3,663.2 T/TR.

"Opequon Watershed TMDLs for Benthic Impairments: Abrams Creek and Lower Opequon Creek, Frederick and Clarke Counties, Virginia" modification -

-Abrams Creek, located in Frederick and Winchester Counties, proposes sediment reductions for portions of the watershed and provides a sediment wasteload allocation of 1039 T/YR.

-Lower Opequon, located in Frederick and Winchester Counties, proposes sediment reductions for portions of the watershed and provides a sediment wasteload allocation of 1039 T/YR.

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

"Lick Creek TMDLs for a Benthic Impairment Dickenson, Russell, and Wise Counties, Virginia"

-Lick Creek Benthic TMDL, located in Dickenson, Russell and Wise Counties, proposes sediment reductions for portions of the watershed and provides a sediment wasteload allocation of 63 T/YR.

-Cigarette Hollow Benthic TMDL, located in Dickenson, Russell and Wise Counties, proposes sediment reductions for portions of the watershed and provides a sediment wasteload allocation of 0.4 T/YR

-Laurel Branch Benthic TMDL, located in Dickenson, Russell and Wise Counties, proposes sediment reductions for portions of the watershed and provides a sediment wasteload allocation of 3.9 T/YR

-Right Fork Benthic TMDL, located in Dickenson, Russell and Wise Counties, proposes sediment reductions for portions of the watershed and provides a sediment wasteload allocation of 1.3 T/YR

James River Basin (9VAC25-720-60 A):

"Benthic TMDL Development for the Rivanna River Watershed" - The Benthic TMDL for the Rivanna River Watershed, located in the City of Charlottesville, and covers portions of four counties: Albemarle, Greene, Nelson, and Orange counties, proposes sediment reductions for portions of the watershed and provides a sediment wasteload allocation of 10,229 lbs/day.

Chesapeake Bay-Small Coastal (9VAC25-720-110 A):

"Benthic Total Maximum Daily Load (TMDL) Development Parker Creek, Virginia"- The benthic TMDL for Parker Creek, located in Accomack County, proposes Total Phosphorus reductions for portions of the watershed and provides a TP wasteload allocation of 664.2 lbs/yr.

How to comment: The DEQ accepts written comments by email, fax and postal mail. All written comments must include the full name, address and telephone number of the person commenting and be received by DEQ by 5 p.m. on the last day of the comment period.

How a decision is made:  After comments have been considered, the board will make the final decision. Citizens that submit statements during the comment period may address the board members during the board meeting at which a final decision is made on the proposal.

To review documents: The TMDL reports and the proposed regulatory amendments are available on the DEQ website at https://www.deq.virginia.gov/TMDLDataSearch/ReportSearch.jspx and by contacting the DEQ representative named below.  The electronic copies are in PDF format and may be read online or downloaded.

Contact for public comments, document requests and additional information: David S. Lazarus, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4299, FAX (804) 698-4116, or email dslazarus@deq.virginia.gov.

Notice of Approval of Water Quality Management Planning Actions

Notice of action: The State Water Control Board (board) is considering the approval of 29 total maximum daily load (TMDL) reports (90 TMDLs) and 10 TMDL modifications (20 TMDLs), and granting authorization to include the TMDL reports in the appropriate Water Quality Management Plans (WQMPs).

Purpose of notice: The board is seeking comment on the proposed approvals and authorizations.  The purpose of these actions is to approve 29 TMDL reports as Virginia’s plans for the pollutant reductions necessary for attainment of water quality goals in several impaired waterbodies. These actions are taken in accordance with the Public Participation Procedures for Water Quality Management Planning.

Public comment period: February 16, 2009, to March 16, 2009.

Description of proposed action: DEQ staff intends to recommend (i) that the State Water Control Board approve the TMDL reports listed below as Virginia’s plans for the pollutant reductions necessary for attainment of water quality goals in the impaired segments, and (ii) that the State Water Control Board authorize inclusion of the TMDL reports in the appropriate WQMPs. No regulatory amendments are required for these TMDLs and their associated waste load allocations.

The TMDLs listed below were developed in accordance with Federal Regulations (40 CFR 130.7) and are exempt from the provisions of Article II of the Virginia Administrative Process Act.  The TMDLs have been through the TMDL public participation process contained in DEQ’s Public Participation Procedures for Water Quality Management Planning.  The public comment process provides the affected stakeholders an opportunity for public appeal of the TMDLs.  EPA approved all TMDL reports presented under this public notice. The approved reports can be found at https://www.deq.virginia.gov/TMDLDataSearch/ReportSearch.jspx

Affected Waterbodies and Localities:

In the Potomac/Shenandoah River Basin:

"Bacteria TMDL for Neabsco Creek, Prince William County, Virginia"

- 1 bacteria TMDL, located in Prince William County, proposes bacteria reductions for portions of the watershed to address a primary contact (swimming use) impairment.

"Potomac River:  (Popes Head Creek) Mattox Creek to Currioman Bay

Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination"

- 1 bacteria TMDL, located in Westmoreland County, proposes bacteria reductions for portions of the watershed to address a VDH Shellfish Area Condemnation.

"Rosier Creek Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination"

- 1 bacteria TMDL, located in Westmoreland County, proposes bacteria reductions for portions of the watershed to address a VDH Shellfish Area Condemnation.

"Yeocomico River Watersheds Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination"

- 5 bacteria TMDLs, located in Westmoreland and Northumberland Counties, propose bacteria reductions for portions of the watershed to address VDH Shellfish Area Condemnations.

"Bacteria TMDL for the Lower Accotink Creek Watershed"

- l bacteria TMDL, located in Fairfax County, proposes bacteria reductions for portions of the watershed to address a primary contact (swimming use) impairment.

"Bacteria TMDL for the Difficult Run Watershed"

- l bacteria TMDL, located in Fairfax County, proposes bacteria reductions for portions of the watershed to address a primary contact (swimming use) impairment.

"Lower Machodoc Creek Watershed: Total Maximum Daily Load (TMDL) Report for Shellfish Areas Listed Due to Bacterial Contamination"

- 5 TMDLs, located in Westmoreland County, propose bacteria reductions for portions of the watershed to address VDH Shellfish Area Condemnations.

"Bacteria TMDL for Limestone Branch Loudoun County, Virginia" modification

- 1 bacteria TMDL modification, located in Loudoun County, proposes bacteria reductions for portions of the watershed to address a primary contact (swimming use) impairment.

"Bacteria TMDLs for the Goose Creek Watershed" modification

- 1 bacteria TMDL modification, located in Loudoun County, proposes bacteria reductions for portions of the watershed to address a primary contact (swimming use) impairment.

"Fecal Coliform TMDL for Muddy Creek, Virginia" modification

- 1 bacteria TMDL modification, located in Rockingham County, proposes bacteria reductions for portions of the watershed to address a primary contact (swimming use) impairment.

"Bacteria TMDLs for Abrams Creek and Upper and Lower Opequon Creek Located in Frederick and Clarke County, Virginia" modification

- 1 bacteria TMDL modification, located in Rockingham County, proposes bacteria reductions for portions of the watershed to address a primary contact (swimming use) impairment.

"Bacteria Total Maximum Daily Load Development for North River" modification

- 1 bacteria TMDL modification, located in Augusta and Rockingham Counties, proposes bacteria reductions for portions of the watershed to address a primary contact (swimming use) impairment.

In the New River Basin:

"Fecal Bacteria and General Standard Total Maximum Daily Load Development for Bluestone River" modification

- l bacteria TMDL modification, located in Tazewell County, proposes bacteria reductions for portions of the watershed to address a primary contact (swimming use) impairment.

In the Rappahannock River Basin:

"Bacteria Total Maximum Daily Load (TMDL) Development for the Hoskins Creek Watershed"

- 1 bacteria TMDL, located in Essex and Queen and King Counties, proposes bacteria reductions for portions of the watershed to address a primary contact (swimming use) impairment.

"Bacteria TMDL for the Tidal Freshwater Rappahannock River Watershed"

- 6 bacteria TMDLs, located in Caroline, King George, Spotsylvania, and Stafford Counties, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments.

In the York River Basin:

"Bacteria Total Maximum Daily Load (TMDL) Development for the Queen Creek, King Creek, and Felgates Creek Watersheds"

- 5 bacteria TMDLs, located in Isle of Wight County, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments and VDH Shellfish Area Condemnations.

"Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin" modification

- 1 bacteria TMDL modification, located in Louisa County, proposes bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments

In the Clinch Powell River Basin:

"Bacteria Total Maximum Daily Load Development for Lick Creek"

- 4 bacteria TMDLs, located in Wise and Dickenson Counties, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments.

"Bacteria Total Maximum Daily Load Development for Indian Creek in Tazewell County, Virginia"

- 1 bacteria TMDL, located in Tazewell County, proposes bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments.

In the James River Basin:

"Bacterial Total Maximum Daily Load Development for the James River – Hopewell to Westover"

- 4 bacteria TMDLs, located in Charles City County, City of Hopewell, and Prince George County, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments.

"Total Maximum Daily Load Development for the James River and Tributaries – Lower Piedmont Region"

- 6 bacteria TMDLs, located in Fluvanna, Goochland, Louisa, Powhatan and Cumberland Counties, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments.

"Fecal Bacteria Total Maximum Daily Load Development for Warwick River"

- 4 bacteria TMDLs, located in the City of Newport News, York County, and James City County, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments and to address VDH Shellfish Area Condemnations.

"Fecal Bacteria Total Maximum Daily Load Development for Pagan River"

- 3 bacteria TMDLs, located in Isle of Wight County, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments and VDH Shellfish Area Condemnations.

"Bacteria Total Maximum Daily Load Development for Hays Creek, Moffatts Creek, Walker Creek, and Otts Creek in Augusta County and Rockbridge County, Virginia"

- 5 bacteria TMDLs, located in Augusta and Rockbridge Counties, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments.

"Total Maximum Daily Load Development for the Upham Brook Watershed"

- 1 bacteria TMDL, located in Henrico County and the City of Richmond, proposes bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments.

"Bacteria Total Maximum Daily Load Development for North Fork Hardware River and Hardware River"

- 2 bacteria TMDLs, located in Albemarle and Fluvanna Counties, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments.

"Bacteria TMDL Development for the Rivanna River Mainstem, North Fork Rivanna River, Preddy Creek and Tributaries, Meadow Creek, Mechums River, and Beaver Creek Watersheds"

- 6 bacteria TMDLs, located in Albemarle Greene, and Orange Counties, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments.

"Total Maximum Daily Load Development for the Appomattox River Basin" modification

- 11 bacteria TMDL modifications, Appomattox, Buckingham Prince Edward, Cumberland, Amelia, Powhatan, Chesterfield, Hopewell, Prince George, and Chesterfield Counties, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments.

In the Roanoke River Basin:

"Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds"

- 13 bacteria TMDLs, located in Carroll, Floyd, Franklin, Halifax, Henry, Mecklenburg, Patrick, and Pittsylvania Counties, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments. 

"Bacteria TMDL Development for the Banister River, Bearskin Creek, Cherrystone Creek, Polecat Creek, Stinking River, Sandy Creek, and Whitehorn Creek Watersheds" modification

- 1 bacteria TMDL modification, located in Halifax and Pittsylvania Counties, proposes bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments.

In the Chowan River Basin:

"Bacteria TMDL for the Flat Rock Creek Watershed and Broad Branch, Lunenburg County, Virginia"

- 2 bacteria TMDLs, located in Lunenburg County, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments.

"Bacteria TMDL for Roses Creek Watershed, Virginia" modification

- 1 bacteria TMDL modification, located in Brunswick and Alberta Counties, proposes bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments.

In the Chesapeake Bay-Small Coastal-Eastern Shore Basin:

"Total Maximum Daily Load (TMDL) Report For Shellfish Waters Impaired by Bacteria East River and Put in Creek"

- 2 bacteria TMDLs, located in Mathews County, propose bacteria reductions for portions of the watershed to address VDH Shellfish Area Condemnations. 

"Bacteria Total Maximum Daily Load (TMDL) Development for the Hungars Creek Watershed"

- 2 bacteria TMDLs, located in Mathews County, propose bacteria reductions for portions of the watershed to address VDH Shellfish Area Condemnations.

"Bacteria Total Maximum Daily Load (TMDL) Development for the Messongo Creek Watershed"

- 2 bacteria TMDLs, located in Mathews County, propose bacteria reductions for portions of the watershed to address VDH Shellfish Area Condemnations.

"Cockrell Creek: Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination"

- 1 bacteria TMDL, located in Northumberland County, proposes bacteria reductions for portions of the watershed to address VDH Shellfish Area Condemnations.

"Fecal Coliform Total Maximum Daily Load Development for Holdens Creek, Sandy Bottom Branch, and Unnamed Tributary to Sandy Bottom Branch, Accomack County, Virginia"

- 3 bacteria TMDLs, located in Accomack County, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments and VDH Shellfish Area Condemnations.

"Total Maximum Daily Load of Bacteria for Pettit Branch in Accomack County, Virginia"

- 1 bacteria TMDL, located in Accomack County, proposes bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments.

"Total Maximum Daily Load on Dissolved Oxygen In Unnamed Tributary to Pitts Creek, Accomack County, Virginia"

- 1 dissolved oxygen TMDL, located in Accomack County, proposes total nitrogen and total phosphorus reductions for portions of the watershed to address the benthic impairment.

How to comment: The DEQ accepts written comments by email, fax and postal mail. All written comments must include the full name, address and telephone number of the person commenting and be received by DEQ by 5 p.m. on the last day of the comment period.

How a decision is made: After comments have been considered, the board will make the final decision.

To review documents: The TMDL reports and TMDL implementation plans are available on the DEQ website at https://www.deq.virginia.gov/TMDLDataSearch/ReportSearch.jspx and by contacting the DEQ representative named below. The electronic copies are in PDF format and may be read online or downloaded.

Contact for public comments, document requests and additional information: David S. Lazarus, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4299, FAX (804) 698-4116, or email dslazarus@deq.virginia.gov.

* * *

Notice of action: The State Water Control Board (board) is considering the approval of six TMDL implementation plans (TMDL IPs) and granting authorization to include the TMDL implementation plans in the appropriate Water Quality Management Plans (WQMPs).

Purpose of notice: The board is seeking comment on the proposed approvals and authorizations. The purpose of these actions is to approve six TMDL IPs as Virginia’s plans for the management actions necessary for attainment of water quality goals in several impaired waterbodies. These actions are taken in accordance with the Public Participation Procedures for Water Quality Management Planning.

Public comment period: February 16, 2009, to March 16, 2009.

Description of proposed action: DEQ staff intends to recommend (i) that the State Water Control Board approve the TMDL IPs listed below as Virginia’s plans for the management actions necessary for attainment of water quality goals in the impaired segments, and (ii) that the DEQ Director authorize inclusion of the TMDL IPs in the appropriate WQMPs. No regulatory amendments are required for these TMDL IPs.

The TMDL IPs listed below were developed in accordance with the 1997 Water Quality Monitoring, Information and Restoration Act (WQMIRA, § 62.1-44.19:4 through § 62.1-44.19:8 of the Code of Virginia) and federal recommendations. The TMDL IPs were developed in accordance with DEQ’s Public Participation Procedures for Water Quality Management Planning. Extensive public participation was solicited during the development of the plans, and the public comment process provided the affected stakeholders with opportunities for comment on the proposed plans. The final TMDL IPs can be found at https://www.deq.virginia.gov/TMDLDataSearch/ReportSearch.jspx

Affected Waterbodies and Localities:

In the Tennessee/Big Sandy River Basin:

"Dumps Creek Implementation Plan" – proposes management actions needed to restore the aquatic life use in Dumps Creek, Russell County.

In the James River Basin:

"Spring Creek, Briery Creek, Bush River, Little Sandy Creek and Saylers Creek TMDL Implementation Plan – proposes management actions needed to restore the primary contact (swimming) use in the Spring Creek watershed, Prince Edward and Amelia Counties.

"Looney Creek E. coli TMDL Implementation Plan – proposes management actions needed to restore the primary contact (swimming) use in Looney Creek, Botetourt County.

In the Roanoke River Basin:

"Falling River TMDL Implementation Plan" – proposes management actions needed to restore the primary contact (swimming) use in Falling River, Campbell and Appomattox Counties.

In the Potomac/Shenandoah River Basin:

"Mill and Hawksbill Creek TMDL Implementation Plan" – proposes management actions needed to restore the primary contact (swimming) use in Mill and Hawksbill Creeks, Page County.

"Water Quality Implementation Plan for Blacks Run and Cooks Creek" – Proposes management actions needed to restore the primary contact (swimming) use and aquatic life use in Blacks Run and Cooks Creek, Rockingham and Harrisonburg Counties.

How to comment: The DEQ accepts written comments by email, fax and postal mail. All written comments must include the full name, address and telephone number of the person commenting and be received by DEQ by 5 p.m. on the last day of the comment period.

How a decision is made: After comments have been considered, the board will make the final decision.

To review documents: The TMDL implementation plans are available on the DEQ website at https://www.deq.virginia.gov/TMDLDataSearch/ReportSearch.jspx and by contacting the DEQ representative named below. The electronic copies are in PDF format and may be read online or downloaded.

Contact for public comments, document requests and additional information: David S. Lazarus, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4299, FAX (804) 698-4116, or email dslazarus@deq.virginia.gov.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219.

Filing Material for Publication in the Virginia Register of Regulations

Agencies are required to use the Regulation Information System (RIS) when filing regulations for publication in the Virginia Register of Regulations. The Office of the Virginia Register of Regulations implemented a web-based application called RIS for filing regulations and related items for publication in the Virginia Register. The Registrar's office has worked 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.

The Office of the Virginia Register is working toward the eventual elimination of the requirement that agencies file print copies of regulatory packages. Until that time, agencies may file petitions for rulemaking, notices of intended regulatory actions and general notices in electronic form only; however, until further notice, agencies must continue to file print copies of proposed, final, fast-track and emergency regulatory packages.

ERRATA

STATE CORPORATION COMMISSION

Title of Regulation: 20VAC5-201. Rules Governing Utility Rate Increase Applications, Annual Informational Filings, Optional Performance-Based Regulation Applications, Biennial Review (adding 20VAC5-201-10 through 20VAC5-201-110).

Publication: 25:9 VA.R. 1765-1816 January 5, 2009.

Correction to Final Regulation:

Page 1774, 20VAC5-201-90, Schedule 12, column 2, line 9 of third paragraph, change "case working" to "cash working"

VA.R. Doc. R08-1134

STATE BOARD OF HEALTH

Title of Regulations: 12VAC5-90. Regulations for Disease Reporting and Control (amending 12VAC5-90-80).

Publication: 25:11 VA.R. 1935-1939 February 2, 2009.

Correction to Final Regulation:

Page 1935, Effective Date, change "March 4, 1990" to "March 4, 2009."

VA.R. Doc. R08-1024

STATE BOARD OF SOCIAL SERVICES

Titles of Regulations: 22VAC40-110. Minimum Standards for Licensed Family Day Homes (repealing 22VAC40-110-10 through 22VAC40-110-1400).

22VAC40-111. Standards for Licensed Family Day Homes (adding 22VAC40-111-10 through 22VAC40-111-1020).

Publication: 25:11 VA.R. 1969-1993 February 2, 2009.

Correction to Proposed Regulation:

Page 1969, "Public Hearing Information," delete "No public hearings are scheduled" and insert the following public hearing date, time and location:

February 19, 2009 - Noon - Department of Social Services, 7 North 8th Street, 6th Floor Board Room, Richmond, VA

VA.R. Doc. R03-186; Filed February 6, 2009, 12:15 p.m.





*** See erratum (25:6 VA.R. 1375) for effective date