GENERAL NOTICES/ERRATA
Vol. 25 Iss. 25 - August 17, 2009

GENERAL NOTICES/ERRATA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Restore Water Quality - Accotink Creek

Announcement of a total maximum daily load (TMDL) study to restore water quality in a portion of Accotink Creek that has an aquatic life use impairment.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ), the Virginia Department of Conservation and Recreation, and the United States Environmental Protection Agency (EPA) announce the second technical advisory committee (TAC) meeting for the Accotink Creek Benthic TMDL study.

Technical advisory committee meeting: Tuesday, August 18, 2009, 10 a.m. to noon, Fairfax County Government Center, Conference Rooms 2 and 3, 12000 Government Center Parkway, Fairfax, VA 22035.

Meeting description: This is the second TAC meeting for this project. The purpose of the TAC will be to provide technical input and insight for the project, and to assist with stakeholder and public participation.

Description of study: A portion of Accotink Creek has been identified as impaired on the Clean Water Act § 303(d) list for not supporting the aquatic life use due to poor health in the benthic biological community. Virginia agencies are working together with EPA to identify the benthic stressors causing the aquatic life use impairment on Accotink Creek. The Accotink Creek watershed covers both the City of Fairfax and Fairfax County. Below is a description of the impaired portion of Accotink Creek that will be addressed in this study:

Stream Name

Watershed Location

Impairment

Area (miles)

Upstream Limit

Down-stream Limit

Accotink Creek

Fairfax County

Fairfax City

Aquatic Life Use Benthic Macroin-vertebrates

7.35

Confluence of Accotink Creek with Calamo Branch

Start of the tidal waters of Accotink Bay

During the study, DEQ will develop a total maximum daily load, or a TMDL, for the impaired watershed. A TMDL is the total amount of a pollutant a water body can receive and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL allocated amount.

How to comment: The public comment period on the materials presented at the TAC meeting will extend from August 18, 2009, to September 17, 2009. 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. Please send all comments to the contact listed below.

Contact for additional information: Katie Conaway, Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3804, or email katie.conaway@deq.virginia.gov.

Restore Water Quality for Cod, Presley, Hull, Rogers, and Bridgeman Creeks, Fountain Cove, Cubitt, and Hack Creeks

Public meeting: September 1, 2009, at the Mid-County Rescue, 7990 Northumberland Highway, Heathsville, VA 22473. 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 the completion of a study to restore water quality for a shellfish growing area, a public comment opportunity, and two public meetings.

Meeting description: Final public meetings on a study to restore water quality for shellfish growing areas along Cod, Presley, Hull, Rogers, and Bridgeman Creeks, Fountain Cove, Cubitt, and Hack Creeks that are impaired due to bacterial violations.

Description of study: Virginia agencies are working to identify sources of the bacterial contamination in the shellfish growing waters of these (tidal) creeks including their tributaries. These condemnations include a total area of approximately 1.18 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. Cubitt Creek also has a recreational impairment (swimming) of approximately 0.227 square miles. The recreational water quality standard is less stringent than that of the shellfish standard, therefore it is expected that clean-up efforts aimed at restoring the shellfish use will also result in attainment of the recreational use.

Stream

County

Area (miles²)

Impairment

Cod Creek (left branch)

Northumberland

0.115

Shellfish Use

(Fecal Coliform)

bacteria

Cod Creek (right branch)

0.079

Hull Creek (mainstem)

0.044

Bridgeman Creek

0.045

Rogers Creek

0.035

Fountain Cove

0.087

Presley Creek

0.334

Hack Creek

0.215

Cubitt Creek

0.227

Shellfish Use

(Fecal Coliform) &

Recreational Use (Enterococci)

The study reports the current status of the creeks via sampling performed by the Virginia Department of Health, Division of Shellfish Sanitation, shellfish area condemnations and the possible sources of bacterial contamination. The study recommends total maximum daily loads, or 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. The draft report for the study is available at https://www.deq.virginia.gov/TMDLDataSearch/DraftReports.jspx.

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 September 30, 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 margaret.smigo@deq.virginia.gov.

Restore Water Quality - Meherrin River

Public meetings: Public meetings will be held on Tuesday, August 25, 2009, from 2 p.m. to 4 p.m. and 6 p.m. to 8 p.m. at the Victoria Library located at 1417 7th Street, Victoria, VA 23974. A second set of public meetings will be held on Thursday, August 27, 2009, from 2 p.m. to 4 p.m. and 6 p.m. to 8 p.m. at the Brunswick County Library located at 133 W. Hicks Street, Lawrenceville, VA 23868. All meetings are open to the public.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation are announcing a study to restore water quality for portions of the Meherrin River and its tributaries within Lunenburg, Mecklenburg, Charlotte, and Brunswick counties. This notice also announces the first public meetings and a public comment opportunity.

Meeting description: Overview of the water quality impairments of the recreation/swimming use of portions of the Meherrin River and its tributaries that are impaired due to bacterial violations and a summary of the research to date.

Description of study: Virginia agencies are working to identify sources of the bacterial contamination for portions of the Meherrin River and its tributaries. This impairment spans approximately 69.89 miles across Lunenburg and Brunswick counties. The watershed that drains these waterways extends into both Mecklenburg and Charlotte counties. Portions of this river and its tributaries are impaired for failure to meet the recreational (swimming) designated use because of bacterial water quality standard violations.

Waterbody

County

Impairment Length (mi)

Impairment

Briery Branch

Brunswick

3.97

Recreational/ Swimming Use due to Bacteria

Genito Creek

Brunswick

7.89

Great Creek

(Main stem of creek – Excluding the Great Creek Reservoir)

Brunswick

24.34

Meherrin River

(Taylors Creek to Reedy Creek)

Brunswick

26.14

North Meherrin River

(from confluence with Couches Creek to Reedy Creek)

Lunenburg

7.55

Total Impairment Length

69.89

The study reports the current status of the river and its tributaries 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 above impairments. 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 Friday, September 25, 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, 4949 A Cox Road, Glen Allen, VA 23060, telephone (804) 527-5124, FAX (804)-527-5106, or email margaret.smigo@deq.virginia.gov.

Total Maximum Daily Load Study in the Elizabeth River and Several Tributaries

The Virginia Department of Environmental Quality (DEQ) will host a public meeting on a water quality study for the Elizabeth River mainstem, branches and several tributaries, on Wednesday, August 28, 2009.

The meeting will start at 7 p.m. in the Hampton Roads Planning District Commission Board Room located at 723 Woodlake Drive, Chesapeake, VA. The purpose of the study will be to identify sources of bacteria in the watershed and to determine the reductions in bacteria loadings needed to allow various streams in the watershed to meet water quality goals.

The affected streams were identified in Virginia's 1998 303(d) TMDL Priority List and Report and Virginia's 2002 303(d) Report on Impaired Waters as impaired due to violations of Virginia's water quality standards for fecal coliform bacteria. These streams are therefore not supporting the primary contact recreation (swimmable) designated use. The impairments include the Mainstem, Eastern Branch, Southern Branch, Western Branch, Lafayette River, Broad Creek, Indian River, and Paradise 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 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 August 26, 2009, to September 24, 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 jennifer.howell@deq.virginia.gov.

* Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

Total Maximum Daily Load Study in Lawnes Creek, Isle of Wight and Surry Counties

The Virginia Department of Environmental Quality (DEQ) will host a public meeting on a water quality study for Lawnes Creek, located in both Isle of Wight and Surry Counties, on Tuesday, August 18, 2009.

The meeting will start at 7 p.m. in the Rushmere Volunteer Fire Department located at 5354 Old Stage Hwy. (Rt. 10), Smithfield, VA. The purpose of the meeting is to provide information and discuss the study with interested local community members and local government.

Lawnes Creek (VAT-G11E-14) 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 60-206 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 August 18, 2009, to September 16, 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 jennifer.howell@deq.virginia.gov.

* Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

Total Maximum Daily Load in Pocomoke Sound/Pocomoke River, Accomack County

The Virginia Department of Environmental Quality (DEQ) will provide a public comment period for a water quality study for Pocomoke Sound/Pocomoke River, located in Accomack County. A request has been made to modify the load allocations (LAs) and waste load allocations (WLAs) for the fecal coliform bacteria total maximum daily load (TMDL) due to a calculation error during the TMDL development.  Before EPA can approve the requested modifications, the revised LAs and WLAs for the Lower Pocomoke River and Pocomoke Sound must be made available for public comment and review.  Once the revised LAs and WLAs have been public noticed, a formal TMDL modification request can be submitted to EPA for review and approval.

The report and revisions may be accessed on the DEQ website at www.deq.virginia.gov/tmdl. The TMDL was approved by EPA in April 2009.

Pocomoke Sound (VAT-C09E-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 75 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, a total maximum daily load was developed 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 Virginia Departments of Environmental Quality, Conservation and Recreation, and Health are working to identify the sources of pollution in the watersheds of these streams.

The public comment period will extend from August 18, 2009, through September 16, 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.

Total Maximum Daily Load Studies in Ware Creek, Taskinas Creek, and Skimino Creek; New Kent, James City, and York Counties

The Virginia Department of Environmental Quality (DEQ) will host a public meeting on water quality studies for Ware Creek (New Kent and James City Counties), Taskinas Creek (James City County), and Skimino Creek (James City and York Counties) on Tuesday, September 1, 2009.

The meeting will start at 7 p.m. in the James City County Library, Cosby Room, 7770 Croaker Road, Williamsburg, VA. The purpose of the meeting is to provide information and discuss the studies with interested local community members and local government.

Ware Creek (VAT-F26E-19) and Taskinas Creek (VAT-F26E-18) were identified in Virginia's 1998 § 303(d) TMDL priority list and report as impaired for not supporting the shellfishing use. The impairments are based on the shellfish harvesting condemnation of Growing Area 50-073 imposed by the Virginia Department of Health-Division of Shellfish Sanitation. Skimino Creek (VAT-F26E-17) 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 50-087 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 September 1, 2009, to September 30, 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 jennifer.howell@deq.virginia.gov.

* Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

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 August 5, 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 Sixty-One (09)

Virginia Lottery's "$50,000,000 Redskins Mania Sweepstakes" Final Rules for Game Operation (effective 7/31/09)

STATE WATER CONTROL BOARD

Proposed Consent Order for Mountain Run Golf, Inc., and Mountain Run, LLC

An enforcement action has been proposed for Mountain Run Golf, Inc., and Mountain Run, LLC for alleged violations at the Mountain Run golf course (The Federal Club) and residential development in Hanover County. The proposed consent order describes the alleged violations 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 allison.dunaway@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 August 12, 2009, to September 16, 2009.

Nutrient Waste Load Allocations - Petitions for Extension of Deadline

Notice of action: The State Water Control Board (the board) is considering action on petitions to extend the deadline for securing a certificate to operate for footnoted nutrient waste load allocations in the Water Quality Management Planning Regulation.

Purpose of notice: The board seeks comments through the Department of Environmental Quality (DEQ) on the petitions and the need for and impact of resulting regulatory action to extend any deadline.

Public comment period: July 24, 2009, to August 28, 2009.

Subject matter and intent of proposal: The 2009 General Assembly passed legislation (HB 1074/SB 1022) authorizing the board to adopt certain regulations relating to wastewater treatment plants. The board was directed to accept petitions through July 10, 2009, for the purpose of conducting an expedited rulemaking process involving plants with "footnoted" nutrient waste load allocations in the WQMP Regulation. The footnotes provide conditional allocations that depend on the plant owner securing a Certificate to Operate (CTO) by December 31, 2010, for an expanded design flow. The petitions must be for the sole purpose of extending the deadline to no later than December 31, 2015. Owners submitting a petition are still required to comply with their nutrient allocations as of January 1, 2011, through the Nutrient Credit Exchange Program (§ 62.1-44.19:4 of the Code of Virginia) or by other means. The board must approve or deny these petitions and adopt any resulting regulation amendments within 180 days of the petition deadline. Before making a final decision on the petitions, the board shall provide an opportunity for public comment.

DEQ received petitions for seven plants by the deadline: (i) Cape Charles; (ii) Culpeper Co. - Mountain Run; (iii) Fauquier Co. W&SA - Remington; (iv) Fauquier Co. W&SA - Vint Hill; (v) Harrisonburg - Rockingham SA-North River; (vi) Onancock; (vii) Shenandoah Co. - North Fork Regional. If you wish to view the petitions on line, they are accessible at the web link provided below.

The legislation also exempted the board's adoption of any resulting regulation amendments under this rulemaking from Article 2 (§ 2.2-4006 of the Code of Virginia) of the Administrative Process Act.

The regulation to be amended is the Water Quality Management Planning Regulation (9VAC25-720).

How to comment: DEQ accepts written comments by email and postal mail. 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. Please include a copy of any supporting documents or exhibits, which become part of the public record.

To review documents: This public notice is available on the Town Hall website at www.townhall.virginia.gov, where interested persons may also submit electronic comments. The legislation and notification letter sent May 8, 2009, to affected plant owners and the petitions received by the July 10, 2009, deadline are available through the Department of Environmental Quality, Chesapeake Bay Program webpage at http://www.deq.virginia.gov/bay/multi.html, or by contacting the DEQ representative named below.

Contact: John Kennedy, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4312, FAX (804) 698-4116, or email john.kennedy@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

BOARD OF COUNSELING

Title of Regulation: 18VAC115-50. Regulations Governing the Practice of Marriage and Family Therapy.

Publication: 25:24 VA.R. 4336-4339 August 3, 2009.

Correction to Final Regulation:

EDITOR'S NOTE: The amendments to 18VAC115-50-40 B 2 b and the Forms section of 18VAC115-50 as published in 25:20 VAR. 3701-3706 June 8, 2009, and effective July 23, 2009, were inadvertently omitted when published in 25:24 VA.R.

Page 4336, 18VAC115-50-40, subdivision B 2 b should read as follows:

b. Evidence of post-licensure clinical practice for five of the last six years immediately preceding his licensure application in Virginia.

Page 4338, Forms (18VAC115-50), Form MFT-ECP should read as follows:

Verification of Post-Licensure Clinical Practice, Endorsement Applicants Only, Form MFT-ECP (rev. 8/09).

VA.R. Doc. No. R06-319

STATE BOARD OF SOCIAL SERVICES

Title of Regulation: 22VAC40-41. Neighborhood Assistance Tax Credit Program.

Publication: 25:23 VA.R. 4236-4239 July 20, 2009.

Correction to Final Regulation:

Page 4239, 22VAC40-41-55 A, line 1, strike "58.1-430.24" insert "58.1-439.24"

VA.R. Doc. No. R09-1987