GENERAL NOTICES/ERRATA
Vol. 25 Iss. 23 - July 20, 2009

GENERAL NOTICES/ERRATA

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Notice of Public Hearing on Imported Fire Ant Quarantine

Pursuant to § 3.2-703 of the Code of Virginia, the Commissioner of Agriculture and Consumer Services has issued a temporary (90-day) quarantine relating to the imported fire ant (Solenopsis invicta Buren, Solenopsis richteri Forel, and hybrids of these species). A copy of the temporary quarantine is printed below. If it appears that a quarantine for more than 90 days will be necessary, § 3.2-703 provides that the Board of Agriculture and Consumer Services shall hold a public hearing on extending the commissioner's temporary quarantine. The Board of Agriculture and Consumer Services will hold such a public hearing at 2 p.m., August 4, 2009, at the Beale Memorial Baptist Church, 202 Church Lane, Tappahannock, Virginia 22560.

For further information, please contact Larry Nichols, Program Manager, Office of Plant and Pest Services, 102 Governor Street, Room LL55, Richmond, VA 23219, telephone (804) 786-3515, hearing impaired (800) 828-1120, FAX (804) 371-7793, or email at larry.nichols@vdacs.virginia.gov.

Virginia Imported Fire Ant Temporary Quarantine for Enforcement of the Virginia Pest Law

Statutory authority: § 3.2-703 of the Code of Virginia

§ 10. Declaration of quarantine.

A quarantine is hereby established to restrict the movement of certain articles capable of transporting imported fire ant into unregulated areas of the state, unless such articles comply with the conditions specified herein.

§ 20. Purpose of quarantine.

The imported fire ant is an introduced species that is notorious for its aggressive behavior, ferocious sting, and the damage it causes to several agricultural commodities.  The imported fire ant has become established in portions of the Commonwealth, and has the potential to spread to uninfested areas by natural means or through the movement of infested articles. The purpose of this quarantine is to prevent the artificial spread of the imported fire ant to uninfested areas of the state by regulating the movement of those articles that pose a significant threat of transporting the imported fire ant.

§ 30. Definitions.

The following words and terms shall have the following meaning unless the context clearly indicates otherwise:

"Board" means the Virginia Board of Agriculture and Consumer Services.

"Certificate" means a document issued by an inspector or person operating in accordance with a compliance agreement to allow the movement of regulated articles to any destination.

"Commissioner" means the Commissioner of the Virginia Department of Agriculture and Consumer Services.

"Compliance agreement" means a written agreement between a person engaged in growing, handling, receiving, or moving regulated articles and the Virginia Department of Agriculture and Consumer Services, the United States Department of Agriculture, or both, wherein the former agrees to comply with the requirements of the compliance agreement and comply with the provisions of this regulation.

"Department" means the Virginia Department of Agriculture and Consumer Services.

"Imported fire ant" means the live insect, in any life stage, known as the imported fire ant, Solenopsis invicta Buren (commonly known as Red Imported Fire Ant) and Solenopsis richteri Forel (commonly known as Black Imported Fire Ant), and hybrids of these species.

"Infestation" means the presence of the imported fire ant or the existence of circumstances that make it reasonable to believe that the imported fire ant is present.

"Inspector" means an employee of the Virginia Department of Agriculture and Consumer Services or other person authorized by the Commissioner of the Virginia Department of Agriculture and Consumer Services to enforce the provisions of this quarantine or regulation.

"Limited permit (permit)" means a document issued by an inspector to allow the movement of regulated articles to a specific destination.

"Moved (move, movement)" means shipped, offered for shipment, received for transportation, transported, carried, or allowed to be moved, shipped, transported, or carried.

"Noncompacted soil" means soil that can be removed from an article by brisk brushing or washing.

"Person" means the term as defined in § 1-230 of the Code of Virginia.

"Regulated area" means the locality or area listed in § 50 of this quarantine.

"Soil-moving equipment" means any equipment used for moving or transporting soil, including, but not limited to, bulldozers, backhoes, dump trucks, or road scrapers.

"Virginia Pest Law" means the statute set forth in § 3.2-700 et seq. of the Code of Virginia.

§ 40. Regulated articles.

The following articles are regulated under the provisions of this quarantine, and shall not be moved out of any regulated area in Virginia, except in compliance with the conditions prescribed in this quarantine:

(1) Any life stage of imported fire ant.

(2) Soil, except potting soil that is shipped in original containers after commercial preparation, and soil samples shipped to approved laboratories.

(3) Plants with roots with soil attached, or roots and rhizomes of plants with soil attached, except plants   maintained indoors in a home or office environment and not for sale.

(4) Grass sod.

(5) Used soil-moving equipment, unless free of all noncompacted soil.

(6) Used farm equipment, unless free of all noncompacted soil.

(7) Hay and straw, including pine straw, that has been stored in direct contact with the ground.

(8) Honey bee hives that have been in direct contact with the ground, including hive stands containing soil.

(9)      Logs, pulpwood, and stump wood with soil attached.

(10) Any other article or means of conveyance, when it is determined by an inspector that it presents a risk of spread of the imported fire ant.

§ 50. Regulated areas.

The following areas in Virginia are quarantined for imported fire ant:

The entire counties of:

James City

York

The entire cities of:

Chesapeake

Hampton

Newport News

Norfolk

Poquoson

Portsmouth

Suffolk

Virginia Beach

Williamsburg

§ 60. Conditions governing the intrastate movement of regulated articles.

A. Movement Within Regulated Areas – Movement of a regulated article solely within the quarantined area is allowed without restriction.

B. Movement From Quarantined Areas To Nonquarantined Areas - Movement of a regulated article that originates from within the quarantined area to an area outside of the quarantined area is allowed only if the regulated article is accompanied by a certificate or limited permit issued in accordance with § 70 of this quarantine and attached in accordance with § 100 of this quarantine.

C. Movement From Noregulated Area through Regulated Area – Regulated articles that originate outside of the quarantined area may move through the quarantined area under the following conditions:

(1) With a certificate or limited permit issued in accordance with § 70 of this quarantine and attached in accordance with § 100 of this quarantine, or

(2) Without a certificate or limited permit if:

(a) Accompanied by a waybill that indicates the point of origin of the regulated article; and

(b) The regulated article is moved directly through the regulated area without stopping, except for refueling or due to traffic conditions; or has been stored, packed, or handled at locations approved by an inspector as not posing a risk of infestation by the imported fire ant; and

(c) The regulated article has not been combined or commingled with other articles so as to lose its individual identity.

D. Movement From Quarantined Area through Nonquarantined Area – Regulated articles that originate from within the quarantine may travel through the nonquarantined area to a destination that is quarantined, under the following conditions:

(1) With a certificate or limited permit issued in accordance with § 70 of this quarantine and attached in accordance with § 100 of this quarantine, or

(2) Without a certificate or limited permit if:

(a) Accompanied by a waybill that indicates the point of origin of the regulated article; and

(b) The regulated article is moved directly through the nonregulated area without stopping  except for refueling or due to traffic conditions;  or has been stored, packed, or handled at locations approved by an inspector as not posing a risk of infestation by the imported fire ant; and

(c) The regulated article has not been combined or commingled with other articles so as to lose its individual identity.

§ 70. Issuance and cancellation of certificates and limited permits.

A. Certificates and limited permits may be issued by an inspector for the movement of regulated articles to any destination within Virginia when:

(1) The regulated articles have been examined by the inspector and found to be apparently free of the imported fire ant;

(2) The regulated articles have been grown, produced, manufactured, stored, or handled in such a manner that, in the judgment of the inspector, would prevent an infestation or destroy all life stages of imported fire ant;

(3) The regulated articles are to be moved in compliance with any additional conditions deemed necessary under the Virginia Pest Law to prevent the spread of the imported fire ant; and

(4) The regulated articles are eligible for unrestricted movement under all other domestic plant quarantines and regulations applicable to the regulated articles.

B. Certificates may be issued by any person operating under a compliance agreement for the movement of regulated articles to any destination within Virginia when:

(1) The regulated articles have been examined by any person operating under a compliance agreement and found to be apparently free of the imported fire ant;

(2) The regulated articles have been grown, produced, manufactured, stored, or handled in such a manner, and following all requirements of the compliance agreement, that would prevent an infestation or destroy all life stages of imported fire ant;

(3) The regulated articles are to be moved in compliance with any additional conditions deemed necessary under the Virginia Pest Law to prevent the spread of the imported fire ant; and

(4) The regulated articles are eligible for unrestricted movement under all other domestic plant quarantines and regulations applicable to the regulated articles.

C. Any certificate or limited permit that has been issued or authorized may be withdrawn by the inspector orally or in writing if the inspector determines that the holder of the certificate or limited permit has not complied with all conditions for the use of the certificate or limited permit or with any applicable compliance agreement. If the withdrawal is oral, the withdrawal and the reasons for the withdrawal shall be confirmed in writing and communicated to the certificate or limited permit holder as promptly as circumstances allow.

§ 80. Compliance agreements and cancellation.

A. Any person engaged in growing, handling, or moving regulated articles may enter into a compliance agreement when an inspector determines that the person understands that person's requirements and obligations under this quarantine. The agreement shall stipulate safeguards that must be maintained against the establishment and spread of imported fire ants, and the conditions governing the movement of regulated articles.

B. Any compliance agreement may be canceled orally or in writing by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this quarantine. If the cancellation is oral, the cancellation and the reasons for the cancellation shall be confirmed in writing and communicated to the person who entered into such compliance agreement as promptly as circumstances allow.

§ 90. Assembly and inspection of regulated articles.

A. Any person other than a person authorized to issue certificates under § 70 who desires to move a regulated article intrastate and is seeking a certificate or limited permit shall apply for inspection of the regulated article as far in advance as practical but no less than five business days before the regulated articles are to be moved.

B. The regulated article must be assembled at the place and in the manner the inspector designates as necessary to facilitate inspection and shall be safeguarded from infestation.

§ 100. Attachment and disposition of certificates and limited permits.

A. A certificate or limited permit required for the intrastate movement of a regulated article must be attached at all times during the intrastate movement to the outside of the container that contains the regulated article or to the regulated article itself. The requirements of this section may also be met by attaching the certificate or limited permit to the consignee's copy of the waybill, provided the regulated article is sufficiently described on the certificate or limited permit and on the waybill to facilitate the identification of the regulated article.

B. The certificate or limited permit for the intrastate movement of a regulated article must be furnished by the carrier to the consignee at the destination of the regulated article. A copy of the certificate or the limited permit must be retained by the sender of the regulated article at the place of shipment.


§ 110. Inspection and disposal of regulated articles and pests.

Upon presentation of official credentials, an inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of, or require disposal of regulated articles as provided in the Virginia Pest Law.

§ 120. Nonliability of the department.

The department shall not be liable for any costs incurred by third parties, which costs result from or are incidental to inspections required under the provisions of the quarantine.

This temporary quarantine becomes effective on June 24, 2009, and shall continue for a period not to exceed 90 days.

Issued on June 24, 2009, in Richmond, Virginia

/s/ Todd P. Haymore

Commissioner

DEPARTMENT OF ENVIRONMENTAL QUALITY

Total Maximum Daily Load Studies in the Tidewater Regional Area

The Virginia Department of Environmental Quality will host a public meeting on water quality studies for several water bodies that are impaired due to not meeting dissolved oxygen water quality standards.

The meeting will be held on Tuesday, July 28, 2009, and will start at 6:30 p.m. at the Virginia Department of Environmental Quality, Tidewater Regional Office located at 5636 Southern Blvd., Virginia Beach.  The purpose of the meeting is to provide information and discuss the studies with interested local community members and local government.

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 waters listed below 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 water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for dissolved oxygen.

Albemarle Canal

(VAT-K41R_AAC01A06)

North Landing River-middle

(VAT-K41R_NLR02A06)

West Neck Creek-middle

(VAT-K41R_WNC01A00)

Milldam Creek-lower

(VAT-K41R_MLD02A06)

Nawney Creek-upper

(VAT-K42E_NWN01A00)

Nawney Creek-lower

(VAT-K42E_NWN02A00)

Several impaired segments were identified as needing an assessment to determine if natural conditions are the cause of the low dissolved oxygen (DO) values. If it is determined that anthropogenic causes contribute to the impairments, a TMDL will be developed for each waterbody listed below:

Tarrara Creek

(VAT-K13R_TRR01A00)

Mill Swamp

(VAT-K34R_MSW01A00)

Rattlesnake Swamp

(VAT-K34R_RKN01A02)

Seacock Swamp-upper

(VAT-K35R_SCK01A00)

Blackwater River-middle K36

(VAT-K36R_BLW02A08)

Blackwater River-middle K36

(VAT-K36R_BLW03A08)

Blackwater River-lower middle K36

(VAT-K36R_BLW04A08)

Blackwater River-lower K36

(VAT-K36R_BLW05A08)

Blackwater River mouth K36

(VAT-K36R_BLW06A08)

Blackwater River-upper K33

(VAT-K33R_BLW01A00)

Blackwater River-lower K33

(VAT-K33R_BLW02A04)

Blackwater River-lower K33

(VAT-K33R_BLW03A08)

The public comment period on materials presented at this meeting will extend from July 28, 2009, to August 26, 2009. For additional information or to submit comments, contact Jennifer Howell, in the Virginia 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.

Study to Restore Water Quality in the Upper Roanoke River Watershed and Lower Roanoke (Staunton) River Watershed

Public meetings (Please attend the meeting that is most convenient for you):

Roanoke (Upper Roanoke River watershed) – Virginia Department of Environmental Quality's Roanoke Office conference room located at 3019 Peters Creek Road on Wednesday, July 29, 2009, from 7 p.m. to 9 p.m. Directions: From Route 581, take the exit 2S, Peters Creek Road. After the second stop light, turn left into Brammer Village just past the Subway Restaurant. Proceed up the hill and turn right after the second set of brown buildings. Look for the DEQ sign.

Brookneal (Lower Roanoke/Staunton River watershed) - Brookneal Elementary School gymnasium located at 1330 Charlotte Street on Thursday, July 30, 2009, from 7 p.m. to 9 p.m. Directions: From Route 501, turn onto Charlotte Street in Brookneal. School will be on right.  Doors to the gymnasium are located at the far right end of the school.

Purpose of notice: The Virginia Department of Environmental Quality announces a public meeting to discuss a study to restore water quality in the Roanoke (Staunton) River watershed and tributaries.

Description of study: Virginia agencies are working with the Environmental Protection Agency (EPA) to identify sources of polychlorinated biphenyl (PCB) found in fish tissue in the Upper Roanoke River watershed and Lower Roanoke (Staunton) River watershed. The Virginia Department of Health (VDH) issued fish consumption advisories based on elevated PCB levels in fish tissue. Therefore, the river is not supporting the Fish Consumption Designated Use.

The following is a list of the "impaired" waters in the Upper Roanoke River watershed and the length of the impaired segment: Roanoke River, 28.6 miles; Tinker Creek, 5.33 miles; Peters Creek, 2.52 miles. These impairments are located in Montgomery County, Roanoke County, Salem City, Roanoke City, and/or Bedford County. These impairments will be discussed at the meeting in Roanoke on Wednesday, July 29, 2009.

The following is a list of the impaired waters in the Lower Roanoke/Staunton River watershed and the length of the impaired segment: Roanoke (Staunton) River, 88.4 miles; Little Otter River, 14.36 miles; Cub Creek, 14.25 miles. These impairments are located in Bedford County, Campbell County, Charlotte County, Halifax County, and/or Pittsylvania County.  These impairments will be discussed at the meeting in Brookneal on Thursday, July 30, 2009.

During the study, EPA and the state agencies developed a total maximum daily load (TMDL) 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, contamination 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 Thursday, August 27, 2009. DEQ also accepts written and oral comments at the public meeting announced in this notice.

Contacts for additional information: Mary Dail, Virginia Department of Environmental Quality, Roanoke Office, 3019 Peters Creek Road, Roanoke, VA 24019, telephone (540) 562-6715, FAX (540) 562-6725, or email mary.dail@deq.virginia.gov, www.deq.virginia.gov/tmdl

Amanda Gray, Virginia Department of Environmental Quality, Lynchburg Office, 7705 Timberlake Road, Lynchburg, VA 24502, telephone (434) 582-6227, FAX (434) 582-5125, or email amanda.gray@deq.virginia.gov, www.deq.virginia.gov/tmdl.

DEPARTMENT OF HEALTH

Drinking Water State Revolving Fund Program Intended Use Plan for FY 2009

The Virginia Department of Health (VDH) received numerous loan requests and set-aside suggestions following our announcement in January 2008 of funds available from the Drinking Water State Revolving Fund Program. Through the Safe Drinking Water Act, Congress authorizes capitalization grants to the states but authorization has not been finalized.

The VDH's Office of Drinking Water (ODW) has prepared a draft intended use plan (IUP) using information submitted via the loan requests and set-aside suggestions.  This IUP is for your review and comment. The document dated January 7, 2008, and entitled "Virginia Drinking Water State Revolving Fund Program – Program Design Manual" is a part of the intended use plan.  This document was mailed in our January announcement. The draft IUP is available on our website at http://www.vdh.virginia.gov/drinkingwater/financial.

As previously announced, the VDH will hold a public meeting.  The meeting will be on Wednesday, August 12, 2009, from 8:30 a.m. to 10:30 a.m., at the Office of Drinking Water East Central Field Office, 300 Turner Road, Richmond, VA 23225. In addition, comments from the public must be postmarked by Friday, August 21, 2009.

If you plan to attend, please contact Theresa Hewlett at (804) 864-7501 by the close of business on Monday, August 10, 2009, so that the meeting can be properly planned.

Please direct your requests for information and forward written comments to: Steven D. Pellei, P. E., Virginia Department of Health, Division for Construction Assistance, Planning, and Policy, Office of Drinking Water, James Madison Building, Room 622, 109 Governor Street, Richmond VA 23219, telephone (804) 864-7489, FAX (804) 864-7521.

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 June 29, 2009, and June 30, 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 Forty-Six (09)

Virginia's Instant Game Lottery 1127; "Right On The Money" (effective 6/28/09)

Director's Order Number Forty-Seven (09)

Virginia's Instant Game Lottery 1144; "$50,000 Redskins Mania" (effective 6/28/09)

Director's Order Number Forty-Eight (09)

Virginia's Instant Game Lottery 1148; "Spades" (effective 6/28/09)

Director's Order Number Forty-Nine (09)

Virginia's Instant Game Lottery 1150; "Ace In The Hole" (effective 6/28/09)

Director's Order Number Fifty (09)

Virginia's Instant Game Lottery 1155; "Classic Poker" (effective 6/28/09)

Director's Order Number Fifty-Two (09)

Virginia's Instant Game Lottery 1132; "High Card" (effective 6/28/09)

Director's Order Number Fifty-Three (09)

Virginia's Instant Game Lottery 1131; "Molten Money" (effective 6/28/09)

Director's Order Number Fifty-Four (09)

Virginia's Instant Game Lottery 1140; "Mega MoneyTM" (effective 6/28/09)

Director's Order Number Forty-Five (09)

Virginia's Instant Game Lottery 1108; "Bonus Word Crossword" (effective 6/28/09)

Director's Order Number Fifty-Five (09)

Virginia Lottery's "Summer Subscription Sweepstakes" (effective 6/29/09)

Director's Order Number Fifty-Six (09)

Virginia LotteryRetailer Incentive Program "Hail to the Redskins" (effective 6/29/09)

* * * * * * * *

The following Director's Orders of the State Lottery Department was filed with the Virginia Registrar of Regulations on June 29, 2009.

Director's Order Number Fifty-Seven (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 July 3, 2009. Game 1106 will be closing in preparation for the new $3 game:

Game 820

Lightning 7's

Game 1036

Money Maker

Game 1037

Bingo Night

Game 1087

$250K High Roller

Game 1106

Crossword

The last day for lottery retailers to return for credit unsold tickets from any of these games will be August 7, 2009. The last day to redeem winning tickets for any of these games will be December 30, 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 December 30, 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, Virginia 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

June 29, 2009


DEPARTMENT OF MINES, MINERALS AND ENERGY

Notice of Periodic Review

Pursuant to Executive Order 36 (2006), the Department of Mines, Minerals and Energy (DMME) is conducting a periodic review and invites public comment on the following regulation:

4VAC25-140, Coal Surface Mining Regulations

The department will consider whether this existing regulation is essential to protecting the health, safety, and welfare of the public. The department welcomes specific comments on the performance and effectiveness of this regulation and also requests suggestions to improve the content and organization of the regulation to make it more understandable and useful.

The comment period for this review begins on July 20, 2009, and ends at 5 p.m. on August 19, 2009.  Comments may be submitted to Tabitha Hibbitts Peace, Policy Analyst, Department of Mines, Minerals and Energy, Division of Administration, P.O Drawer 900, Big Stone Gap, VA 24219-0900 or email tabitha.peace@dmme.virginia.gov.

Regulations may be viewed online at the Virginia Regulatory Town Hall website located at http://www.townhall.state.va.us, or copies will be sent upon request.

STATE WATER CONTROL BOARD

Proposed Special Order - Highlands Petroleum Oil Corp.

An enforcement action has been proposed for Highlands Petroleum Oil Corp. for alleged violations in Smyth County, Virginia. The special order by consent will resolve the unauthorized discharge of petroleum product to Watson Gap Branch and North Fork Holston River. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Dallas R. Sizemore will accept comments by email at dallas.sizemore@deq.virginia.gov, FAX (276) 676-4899, or postal mail Department of Environmental Quality, Southwest Regional Office, P.O. Box 1688, 355 Deadmore Street, Abingdon, VA 24212, from July 20, 2009, to August 19, 2009.

Proposed Consent Order - Standex Engraving, LLC

An enforcement action has been proposed for Standex Engraving, LLC, to resolve stormwater contamination issues at its facility in Henrico County. The proposed consent order describes the situation and requires corrective action. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Allison Dunaway will accept comments by email at acdunaway@deq.virginia.gov, FAX (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from July 20, 2009, to August 21, 2009.

Notice of Change of Public Hearing Date and Time

The State Water Control Board announced public hearings and a public comment period on proposed amendments to 9VAC25-630 in the Virginia Register of Regulations in Volume 25, Issue 21, page 3867.  There has been a change in the date and time of the public hearing in Onley, Virginia. The public hearing is now scheduled for 7:30 p.m. on August 4, 2009, at Nandua High School, Auditorium, 26350 Lankford Highway, Onley, VA. An informational briefing will be held one hour prior to the public hearing.

For additional information or questions contact Betsy Bowles, Department of Environmental Quality, Office of Land Application Programs, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4059, FAX (804) 698-4116, or email betsy.bowles@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 BOARD OF EDUCATION

Titles of Regulations: 8VAC20-80. Regulations Governing Special Education Programs for Children with Disabilities in Virginia (repealing 8VAC20-80-10 through 8VAC20-80-190).

8VAC20-81. Regulations Governing Special Education Programs for Children with Disabilities in Virginia (adding 8VAC20-81-10 through 8VAC20-81-340).

Publication: 25:16 VA.R. 2872-2968 April 13, 2009.

Correction to Final Regulation:

Page 2944, 8VAC20-81-210 D 2 b, line 3, strike "the effective date of this regulation" and insert "July 7, 2009,"

Page 2944, 8VAC20-81-210 D 3 b, lines 3 and 4, strike "the effective date of these regulations" and insert "July 7, 2009"

Publication: 25:21 VA.R. 3849 June 22, 2009.

Correction to Final Regulation:

Change first paragraph of Summary to read:

Summary:

This action represents the Board of Education's readoption of the final regulations on May 28, 2009, with no changes from its adoption at the September 28, 2008, Board of Education meeting. Refer to 25:16 VA.R. 2872-2968 April 13, 2009, for the full text of the final regulations that becomes effective on July 7, 2009, with the effective date set into text at 8VAC20-81-210 D 2 b and 3 b as follows:

Page 2944, 8VAC20-81-210 D 2 b, line 3, strike "the effective date of this regulation" and insert "July 7, 2009,"

Page 2944, 8VAC20-81-210 D 3 b, lines 3 and 4, strike "the effective date of these regulations" and insert "July 7, 2009"

VA.R. Doc No. R07-95


DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Title of Regulation:  12VAC30-120. Waiver Services.

Publication:  25:20 VA.R. 3599-3638 June 8, 2009.

Correction to Final Regulation:

Page 3604, 12VAC30-120-140, column 1, definition of "Personal services" or "PAS," line 1, after "Personal" insert "assistance"

Pages 3603-3604, change alphabetical order of definitions to the following:

Participating provider

Personal assistance services

Personal assistant

Personal care agency

Personal care services

Personal emergency response systems

Plan of care

VA.R. Doc. No. R08-1107

SAFETY AND HEALTH CODES BOARD

Title of Regulation: 16VAC25-90-1910. Federal Identical General Industry Standards (29 CFR Part 1910).

Publication: 22:23 VA.R. 3396 July 24, 2006

Correction to Final Regulation:

Page 3396, Column 1, Titles of Regulations, line 7, delete 16VAC25-90-1910.1020. The Virginia Register erroneously reflected this section as being amended; however, it was not adopted by the Safety and Health Codes Board.

VA.R. Doc. No. R06-273