GENERAL NOTICES/ERRATA
Vol. 25 Iss. 18 - May 11, 2009

GENERAL NOTICES/ERRATA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Consent Order - City of Harrisonburg

An enforcement action has been proposed for the City of Harrisonburg for alleged violations in Rockingham County. A proposed consent order describes a settlement to resolve alleged unauthorized discharges to Seiberts Run/Blacks Run. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Steven W. Hetrick will accept comments by email swhetrick@deq.virginia.gov, FAX (540) 574-7878 or postal mail Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 22801, from May 11, 2009, to June 10, 2009.

Proposed Consent Order - Paul Decorative Products, Inc.

An enforcement action has been proposed for Paul Decorative Products, Inc., for alleged violations at the Paul Decorative Products Facility located in Louisa County, Virginia. The consent order describes a settlement to resolve hazardous waste violations. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Stephanie Bellotti will accept comments by email, sabellotti@deq.virginia.gov, FAX (703) 583-3821, or postal mail, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from May 12, 2009, through June 11, 2009.

Study to Restore Water Quality of the Recreation/Swimming Use of Morris Creek

Public meeting: May 20, 2009 at the Charles City County Government and School Board Administration Building Auditorium, 10900 Courthouse Road, Charles City, VA 23030. An afternoon public meeting will be held from 2 p.m. to 4 p.m. and the evening public meeting from 6 p.m. to 8 p.m.

Purpose of notice: The Virginia Department of Environmental Quality and the Department of Conservation and Recreation are announcing a study to restore water quality for an impaired creek in the area, a public comment opportunity, and two public meetings.

Meeting description: First public meetings on a study to restore water quality of the recreation/swimming use of Morris Creek, which is impaired due to bacterial violations.

Description of study: Virginia agencies are working to identify sources of the bacterial contamination in Morris Creek. This impairement spans approximately 7.73 stream miles in Charles City County.  This stream is impaired for failure to meet the recreational (swimming) designated use because of bacterial water quality standard violations.

Stream

County

Impairment Length (mi)

Impairment

Morris Creek

Charles City

7.73

Recreational (swimming) Use

The study reports the current status of the Creek via sampling performed by the Virginia Department of Environmental Quality and the possible sources of bacterial contamination. The study recommends total maximum daily loads, or TMDLs, for the impaired Creek. 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 Thursday, June 18, 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.

Total Maximum Daily Load - South Fork Shenandoah River

The Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation (DCR) seek written and oral comments from interested persons on the development of total maximum daily loads (TMDLs) for the South Fork Shenandoah River in Rockingham and Page Counties.  The South Fork Shenandoah River was listed on the 1998 303(d) TMDL Priority List and Report as impaired due to violations of the state’s water quality standard for bacteria and violations of the state’s general (benthic) standard for aquatic life.  The benthic and bacteria impairments on the South Fork Shenandoah extend for 59 miles from the confluence of the North and South Rivers downstream to Hawksbill Creek.

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.  DEQ has developed a bacteria TMDL to address the recreational use impairment and is seeking comment on that draft.  The draft report will be available for review and download from the DEQ website at: https://www.deq.virginia.gov/TMDLDataSearch/DraftReports.jspx beginning on or before May 18, 2009.

To address the aquatic life use impairment, DEQ conducted a stressor analysis, which identified sediment and phosphorus as the most probable stressors.  Watershed modeling demonstrated that implementation of previously-developed upstream TMDLs for sediment and phosphorus would allow downstream water quality standards to be met without the development of a TMDL specific to the South Fork Shenandoah River mainstem. Based on these conclusions, a benthic TMDL was not developed for the South Fork Shenandoah River mainstem.  In the 2010 305(b) and 303(d) Water Quality Assessment Integrated Report, DEQ intends to recategorize the South Fork Shenandoah River benthic impairment from EPA category 5A – an impaired water requiring a TMDL to EPA category 4A – an impaired water not requiring a TMDL, because a TMDL is already in place.  DEQ is seeking comment on this action and the stressor analysis report.

The final public meeting on the development of this TMDL will be held on Monday, May 18, 2009, 7 p.m. at the Town of Shenandoah Community Center, 305 Second Street, Shenandoah, VA.

The public comment period for this meeting and the draft TMDL will end on June 18, 2009. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Robert Brent, Department of Environmental Quality, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7848, FAX (540) 574-7878, or email rnbrent@deq.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY AND DEPARTMENT OF MINES MINERALS AND ENERGY

Environmental Cleanup Plan

Purpose of notice: The Department of Environmental Quality (DEQ) and the Department of Mines Minerals and Energy announce a public meeting to present a draft water quality cleanup plan (implementation plan) for Straight Creek and tributaries; Stone Creek, Ely Creek, Puckett Creek, Lick Branch, Baileys Trace, and Gin Creek in Lee County.  The agencies invite public participation and comments for the purpose of reducing pollutants to Straight Creeks.

Public comment period: May 26, 2009, to June 26, 2009.

Public meeting: St. Charles Elementary School, which is located on Route 352 at St. Charles, Virginia, on May 26, 2009, from 6:30 p.m. to 8 p.m.

Meeting description: This is the third public meeting on development of a watershed cleanup plan (Implementation Plan).

Description of cleanup plan: DEQ has developed a total maximum daily load study, or a TMDL, for Straight Creek and its tributaries in Lee County, Virginia. A TMDL is the total amount of a pollutant a stream can contain and still meet water quality standards. The stream has bacteria contamination that threatens human health and other contaminates that have harmed the aquatic life in the stream. To restore water quality, contamination levels need to be reduced to the recommended TMDL amounts. The cleanup plan will define ways to reduce contamination. The draft water quality cleanup plan can be found at http://www.deq.virginia.gov/tmdl/iprpts.html.

The Straight Creek "impaired" stream segment includes about 38 miles of streams in the watershed. The entire length of Straight Creek from its headwaters to its confluence with North Fork Powell River is included. Stone Creek follows Route 421 west towards the Kentucky/Virginia state line. The TMDL study identifies sediment and conductivity/total dissolved solids as the stressors for aquatic life problems. The draft study proposes reductions in sedimentation, conductivity/total dissolved solids and bacteria so that the stream can meet the water quality standards.

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. DEQ also accepts written and oral comments at the public meeting announced in this notice. Additionally, information on implementation plans and how they are developed is available at the DEQ website.

Contact for additional information: Shelley D. Williams, Virginia Department of Environmental Quality, Southwest Regional Office, P.O. Box 1688, Abingdon, VA 24212-1688, telephone (276) 676-4845, FAX (276) 676-4899, or email sdwilliams@deq.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Special Order - Hopson, LLC

An enforcement action has been proposed for Hopson, LLC alleged violations in Powhatan County, Virginia. The State Water Control Board proposes to issue a consent special order to Hopson, LLC to address noncompliance with state laws and the VWP regulations. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Cynthia Akers will accept comments by email ecakers@deq.virginia.gov, FAX (804) 527-5106 or postal mail Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from May 11, 2009, to June 12, 2009.

Proposed Consent Order - LSF5 Cavalier Investments, LLC

Purpose of notice: To invite citizens to comment on a proposed consent order for a facility.

Public comment period: May 11, 2009, to June 11, 2009.

Consent order description: The State Water Control Board proposes to issue a consent order to LSF5 Cavalier Investments, LLC., to address alleged violations of the regulations. The location of the UST facility where the alleged violations occurred is in Charlottesville, Virginia. The consent order describes a settlement to resolve these violations.

How to comment: DEQ accepts comments from the public by email, fax or postal mail. All comments must include the name, address and telephone number of the person commenting and be received by DEQ within the comment period. The public may review the proposed consent order at the DEQ office named below or on the DEQ website at www.deq.virginia.gov.

Contact for public comments, document requests and additional information: David C. Robinett, Department of Environmental Quality, Valley Regional Office, Post Office Box 3000, 4411 Early Road, Harrisonburg, VA 22801-9519, telephone (540) 574-7862, FAX (540) 574-7878, or email dcrobinett@deq.virginia.gov.

Proposed Consent Order - Sunoco, Inc.

Purpose of notice: To invite citizens to comment on a proposed consent order for a facility.

Public comment period: May 11, 2009, to June 11, 2009.

Consent order description: The State Water Control Board proposes to issue a consent order to Sunoco Inc. to address alleged violations of the regulations. The location of the UST facility where the alleged violations occurred is in Rockbridge County, Virginia. The consent order describes a settlement to resolve these violations.

How to comment: DEQ accepts comments from the public by email, fax or postal mail. All comments must include the name, address and telephone number of the person commenting and be received by DEQ within the comment period. The public may review the proposed consent order at the DEQ office named below or on the DEQ website at www.deq.virginia.gov.

Contact for public comments, document requests and additional information: David C. Robinett, Department of Environmental Quality, Valley Regional Office, Post Office Box 3000, 4411 Early Road, Harrisonburg, VA 22801-9519, telephone (540) 574-7862, FAX (540) 574-7878, or email dcrobinett@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.




***** Regulatory process suspended in 25:16 VA.R. 2968

* Effective upon filing notice of U.S. EPA approval

** Emergency Regulation Rescinded in 25:15 VA.R. 2613

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

**** See erratum (25:14 VA.R. 2682)