GENERAL NOTICES/ERRATA
Vol. 27 Iss. 2 - September 27, 2010

GENERAL NOTICES/ERRATA

DEPARTMENT OF CONSERVATION AND RECREATION

Notice of Public Comment for the Chesapeake Bay TMDL Draft Watershed Implementation Plan

The Virginia Department of Conservation and Recreation (DCR) seeks written comments from interested persons on the draft watershed implementation plan (WIP) for the Chesapeake Bay total maximum daily loads (TMDLs) to address the water quality impairment in Virginia's tidal waters of the Chesapeake Bay. These tidal waters were identified as impaired due to a violation of Virginia's general water quality standard for nutrients and dissolved oxygen.

The Environmental Protection Agency (EPA) is establishing a federal TMDL for the 92 tidal segments of the Chesapeake Bay and its tidal tributaries and embayments that are listed as impaired or segments that deliver pollutant loads to segments listed as impaired under § 303(d) of the Clean Water Act due to excess nutrients and sediments. The Chesapeake Bay TMDL is currently under development by EPA and is available at http://www.epa.gov/chesapeakebaytmdl.

In accordance with EPA expectations, the jurisdictions' watershed implementation plans (WIP) are designed to accomplish a set of allocations goals identified in the Chesapeake Bay TMDL. EPA recognizes that the level of detail the jurisdictions are expected to include in their WIPs will take time to develop. As a result, the WIP development process has been divided into three distinct phases. This initial Phase I plan is intended to provide information to EPA to consider when it establishes wasteload and load allocations within each of the 92 segments listed as impaired. EPA expects Phase I WIP to include a description of the authorities, actions, and, to the extent possible, control measures that will be implemented to achieve these point and nonpoint source TMDL allocations. A copy of Virginia's draft Phase I WIP is available at http://www.dcr.virginia.gov/sw/baytmdl.shtml. Supporting documentation is also available at this address.

The public comment period for Virginia's Phase I WIP development will end on November 8, 2010. Comments or questions on the draft Phase I WIP should be sent to vabaytmdl@dcr.virginia.gov. Written comments and inquires should include the name, address, and telephone number of the person submitting the comments. For additional questions contact (i) Russ Perkinson, Virginia Department of Conservation and Recreation, 203 Governor Street, Suite 206, Richmond, VA 23219, telephone (804) 786-4382, email russ.perkinson@dcr.virginia.gov or (ii) Russ Baxter, Virginia Department of Environmental Quality, 629 East Main Street, Richmond, VA 23219, telephone (804) 698-4382, email russ.baxter@deq.virginia.gov.

Contact Information: David C. Dowling, Policy, Planning, and Budget Director, Department of Conservation and Recreation, 203 Governor Street, Suite 302, Richmond, VA 23219, telephone (804) 786-2291, FAX (804) 786-6141, or email david.dowling@dcr.virginia.gov.

STATE CORPORATION COMMISSION

Bureau of Insurance

September 2, 2010

Administrative Letter 2010-09

TO: All Insurers Licensed to Write Accident and Sickness Insurance in Virginia, all Health Services Plans and all Health Maintenance Organizations Licensed in Virginia

RE: Form and Rate Filings Submitted to Comply with the Patient Protection and Affordable Care Act of 2010 (PPACA)

The Bureau of Insurance (Bureau) recognizes that many carriers delayed finalizing the drafting and submission to the Bureau for approval, of policy forms and related documents, pending the release of regulations and other clarifying guidance from the U.S. Department of Health and Human Services relating to the Patient Protection and Affordable Care Act of 2010 (PPACA). This delay could result in the lack of one or more necessary form or rate approvals from the Bureau, thereby potentially causing a disruption in sales and renewals of health insurance contracts in Virginia. In order to minimize this potential disruption, and in accordance with Virginia Code § 38.2-316 I, the Bureau will temporarily exempt PPACA-related forms and/or rate filings from the approval requirements of § 38.2-316 for 120 days commencing with the date of the filing, subject to the conditions identified below. It should be emphasized that this temporary exemption in no way minimizes the Bureau's role in reviewing and approving forms or rates, and this process will be available only for endorsements, amendments or riders submitted to address PPACA requirements in previously approved contracts or for submissions of revisions to previously approved contract forms in which the only changes made are those to address the requirements in the PPACA. The temporary exemption will also apply to any associated rate filings. It also should be noted that this temporary exemption will not be employed with respect to any particular filing unless and until it is specifically requested by the submitting carrier in accordance with this letter, and the following information is included. The Bureau will screen submissions as they are received and will reject the exemption request if one or more of the required items below are not included.

1. A statement that any and all forms or rates included in the submission include provisions specifically drafted to address one or more requirements identified in the PPACA.


2. An identification of the type of forms included in the submission (i.e., amendment, endorsement, or rider to be used with previously approved forms on file with the Bureau; or previously approved forms that have been revised only to address PPACA requirements).

3. If an amendment, endorsement, or rider is submitted, an identification of any and all contracts or policies to which the amendment, endorsement, or rider will apply and the corresponding approval date(s) of such contracts or policies in Virginia. If a revision to previously approved contracts or policies is submitted, the approval date(s) for such contracts or policies must be provided.

4. A red-lined identification of all PPACA-related changes.

5. If there is a change in rates necessitated by PPACA compliance, revised rates must be included, along with relevant documentation or a detailed actuarial memorandum, as required under current Virginia law, supporting the proposed rate change. If rates are not affected by the revisions, this should be noted in the submission as well.

6. A completed PPACA Uniform Compliance Summary, a copy of which is attached to this letter.

7. A Certification from an officer of the Company stating:

(1) the forms and/or rates included in the submission were developed and drafted to address one or more of the requirements identified in the PPACA; and

(2) the carrier understands and agrees that the exemption applied to this submission is temporary and that forms and/or rates included in the submission remain subject to review in accordance with applicable Virginia laws and regulations. Form(s) may not be issued or issued for delivery in Virginia after the expiration of the 120 day temporary exemption period if the form(s) and/or rates have not been approved by the Bureau prior to the expiration of such period. The carrier will be responsible to make corrective actions necessary as a result of the Bureau's review, including, but not limited to amending noncompliant policy language, adjusting premium rates if applicable, and retrospectively reconsidering denied or reduced claim payments if such denials or reductions were inconsistent with Virginia law.

Carriers are also reminded to review the Rules Governing the Submission for Approval of Life, Accident and Sickness, Annuity, Credit Life and Credit Accident and Sickness Policy Forms, Chapter 100, Title 14 of the Virginia Administrative Code for general filing requirements.

Carriers may contact the Bureau if they are unsure as to whether a particular filing qualifies for this temporary exemption. Questions relating to the qualification of filings for the temporary exemption, or any other questions relating to this letter, may be directed to: Robert Grissom, Supervisor, Forms and Rates Section, Life and Health Division, Bureau of Insurance, State Corporation Commission, telephone (804) 371-9152, or email bob.grissom@scc.virginia.gov.

/s/ Alfred W. Gross
Commissioner of Insurance



DEPARTMENT OF ENVIRONMENTAL QUALITY

Notice of Public Comment for the Chesapeake Bay TMDL Draft Watershed Implementation Plan

The Virginia Department of Environmental Quality (DEQ) seeks written comments from interested persons on the draft watershed implementation plan (WIP) for the Chesapeake Bay total maximum daily loads (TMDLs) to address the water quality impairment in Virginia's tidal waters of the Chesapeake Bay. These tidal waters were identified as impaired due to a violation of Virginia's general water quality standard for nutrients and dissolved oxygen.

The Environmental Protection Agency (EPA) is establishing a federal TMDL for the 92 tidal segments of the Chesapeake Bay and its tidal tributaries and embayments that are listed as impaired or segments that deliver pollutant loads to segments listed as impaired under § 303(d) of the Clean Water Act due to excess nutrients and sediments. The Chesapeake Bay TMDL is currently under development by EPA and is available at http://www.epa.gov/chesapeakebaytmdl.

In accordance with EPA expectations, the jurisdictions' watershed implementation plans (WIP) are designed to accomplish a set of allocations goals identified in the Chesapeake Bay TMDL. EPA recognizes that the level of detail the jurisdictions are expected to include in their WIPs will take time to develop. As a result, the WIP development process has been divided into three distinct phases. This initial Phase I plan is intended to provide information to EPA to consider when it establishes wasteload and load allocations within each of the 92 segments listed as impaired. EPA expects Phase I WIP to include a description of the authorities, actions, and, to the extent possible, control measures that will be implemented to achieve these point and nonpoint source TMDL allocations. A copy of Virginia's draft Phase I WIP is available at http://www.deq.virginia.gov/tmdl/chesapeakebay.html.

To better understand the expectations and consequences from EPA, the following documents are available at the DEQ Chesapeake Bay TMDL webpage:

- Letter to Chesapeake Bay Program Principals' Staff Committee Outlining EPA's Expectations for Watershed Implementation Plans (November 4, 2009)

- Letter to the States in the Watershed and District of Columbia (December 29, 2009)

- Letter to Principals' Staff Committee Outlining Schedule for TMDL Implementation (June 11, 2010)

- Letter with Draft Nutrient Allocations (July 1, 2010)

- Letter with Draft Sediment Allocations (August 13, 2010)

The public comment period for Virginia's Phase I WIP development will end on November 8, 2010.

Contact Information: Comments or questions on the draft Phase I WIP should be sent to: vabaytmdl@dcr.virginia.gov. Written comments and inquires should include the name, address, and telephone number of the person submitting the comments. For additional questions contact (i) Russ Baxter, Virginia Department of Environmental Quality, 629 East Main Street, Richmond, VA 23219, telephone (804) 698-4382, email russ.baxter@deq.virginia.gov or (ii) Russ Perkinson, Virginia Department of Conservation and Recreation, 203 Governor Street, Suite 206, Richmond, VA 23219, telephone (804) 786-4382, email russ.perkinson@dcr.virginia.gov.

Notice of Public Comment for Bacteria Total Maximum Daily Load for Hoskins Creek

Notice is hereby given that the Virginia Department of Environmental Quality (DEQ) seeks comment on the proposed modifications to the bacteria total maximum daily load (TMDL) developed for Indian Creek in Northumberland and Lancaster Counties.

The Indian Creek TMDL was developed to address the bacterial impairment of the tidal segment of Indian Creek. The TMDL was approved by the Environmental Protection Agency (EPA) on April 8, 2009, and can be found at the following website: http://www.deq.virginia.gov/tmdl/apptmdls/shellfish/indian.pdf.

DEQ seeks written comments from interested persons on the modification of this TMDL. In the Indian Creek Bacteria TMDL approved by the EPA and the Virginia State Water Control Board (July 29, 2009), these changes are necessary for the following permitted dischargers:

The waste load allocation (WLA) assigned to Kilmarnock Waste Water Treatment Plant (WWTP) (VA0020788) was incorrectly assigned based on the shellfish use 90th percentile water quality standard of 14 MPN/100ml. The shellfish use WLA should have been based on the geometric mean standard for fecal coliform of 200 MPN/100ml, as this is the limit imposed by DEQ within the facility's VPDES permit. DEQ proposes to revise the facility's shellfish use WLA from 2.68E+08 MPN/day to 3.82E+09 MPN/day to provide consistency between the VPDES permit and the TMDL.

The proposed changes above will neither cause nor contribute to the nonattainment of Indian Creek, as documented in the EPA approved TMDL report.

The public comment period for this modification will end on October 28, 2010. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Margaret Smigo, Piedmont Regional Office, Department of Environmental Quality, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 527-5124, or email margaret.smigo@deq.virginia.gov.

Notice of Public Meeting and an Opportunity for Public Comment -
U.S. Environmental Protection Agency to Designate a Federal No Discharge Zone

Public meeting: Tuesday, October 5, 2010, 6 p.m. to 8 p.m., in the Public Meeting Room of the Richmond County Office Building, 101 Court Circle, Warsaw, VA 22572.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) is announcing its intent to apply to the U.S. Environmental Protection Agency (EPA) to designate a federal no discharge zone, and is seeking public comment on the draft application.

Meeting description: This public meeting is to solicit public comment for the designation of Farnham Creek and the portion of Lancaster Creek within Richmond County as federal no discharge zones (NDZs). The NDZ designation would ban the overboard discharge of human sewage, either treated or untreated, in these creeks.

Description of study: Chapter 337 of the 2009 Acts of Assembly (House Bill 1774) resolves that all tidal creeks in Virginia be designated federal NDZs, and directs DEQ to pursue this designation. It is currently illegal to discharge raw sewage in U.S. territorial waters. In a NDZ, this ban is expanded to include sewage treated by on-board marine sanitation devices. This designation is determined by EPA upon application from the states, and is contingent on the states' demonstrating (i) the need for enhanced protection of water quality, (ii) the availability of sufficient local alternatives to overboard discharge (i.e., pump-outs), and (iii) local stakeholder support. DEQ is seeking this designation as one component of a "clean-up plan" for small tidal Chesapeake Bay tributaries that are frequently impaired for shellfish harvest due to elevated levels of fecal bacteria. DEQ has conducted an analysis of boat traffic and pump-out availability in Farnham and Lancaster Creeks, and concluded that existing pump-out facilities are adequate to service estimated peak-season demand. A draft application to EPA for NDZ designation has been prepared and is available for public review and comment.

Stream Name

County

Area proposed for NDZ

Farnham Creek

Richmond

All contiguous waters upstream of its mouth at the Rappahannock River

Lancaster Creek within Richmond County

All contiguous waters in Richmond County upstream of its mouth at the Rappahannock River, including Morattico Creek

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 November 8, 2010. DEQ also accepts written and oral comments at the public meeting announced in this notice.

Contact for additional information: Margaret Smigo, TMDL Coordinator, Virginia 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.

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 September 10, 2010. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, VA.

Director's Order Number Sixty-Six (10)

Virginia Lottery's "Farm Fresh 500 Sweepstakes" Final Rules for Game Operation (effective September 10, 2010)

Director's Order Number Seventy (10)

Virginia's Instant Game Lottery 1198; "The Price Is Right" Final Rules for Game Operation (effective September 3, 2010)

Director's Order Number Seventy-Four (10)

Virginia's Instant Game Lottery 1203; "$1,000 Club" Final Rules for Game Operation (effective September 10, 2010)

Director's Order Number Seventy-Five (10)

Virginia's Instant Game Lottery 1197; "Cash Crop" Final Rules for Game Operation (effective September 10, 2010)

Director's Order Number Seventy-Seven (10)

Virginia Lottery's "The Price Is Right Sweepstakes" Final Rules for Game Operation (effective September 10, 2010)

Director's Order Number Seventy-Eight (10)

Virginia Lottery's "Redskins Big Jackpot Game Sweepstakes" Final Rules for Game Operation (effective September 10, 2010)

STATE BOARD OF SOCIAL SERVICES

Notice of Periodic Review

Pursuant to Executive Order Number 14 (2010), the Department of Social Services is currently reviewing 22VAC40-72, Standards for Licensed Assisted Living Facilities, to determine if it should be terminated, amended, or retained in its current form. The review will be guided by the principles listed in Executive Order Number 14 (2010) and in the department's Plan for Review of Existing Agency Regulations.

The department seeks public comment regarding the regulation's interference in private enterprise and life, essential need of the regulation, less burdensome and intrusive alternatives to the regulation, specific and measurable goals that the regulation is intended to achieve, and whether the regulation is clearly written and easily understandable.

Written comments may be submitted until October 18, 2010, in care of Judith McGreal, Program Development Consultant, Division of Licensing Programs, Department of Social Services, 801 East Main Street, Richmond, VA 23219, by telephone at (804) 726-7157, by FAX at (804) 726-7132, or by email to judith.mcgreal@dss.virginia.gov.

Notice of Periodic Review

Pursuant to Executive Order Number 14 (2010), the Department of Social Services is currently reviewing 22VAC 40-80, General Procedures and Information for Licensure, to determine if it should be terminated, amended, or retained in its current form. The review will be guided by the principles listed in Executive Order Number 14 (2010) and in the department's Plan for Review of Existing Agency Regulations.

The department seeks public comment regarding the regulation's interference in private enterprise and life, essential need of the regulation, less burdensome and intrusive alternatives to the regulation, specific and measurable goals that the regulation is intended to achieve, and whether the regulation is clearly written and easily understandable.

Written comments may be submitted until October 18, 2010, in care of Karen Cullen, Program Development Consultant, Division of Licensing Programs, Department of Social Services, 801 East Main Street, Richmond, VA 23219, by telephone at (804) 726-7152, by FAX at (804) 726-7132, or by email to karen.cullen@dss.virginia.gov.

VIRGINIA WASTE MANAGEMENT BOARD

Proposed Action for Chancellor Closed Landfill

An enforcement action has been proposed for Spotsylvania County for violations at the Chancellor Closed Landfill. The violations to be addressed include the discharge of leachate from the landfill into an unnamed tributary to Hazel Run. A description of the proposed action is available at the Department of Environmental Quality (DEQ) office named below or online at www.deq.virginia.gov. Daniel Burstein will accept comments by email at daniel.burstein@deq.virginia.gov, FAX at (703) 583-3821, or postal mail at Virginia Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from September 28, 2010, through October 28, 2010.

Proposed Action for Kelmar Incorporated

An enforcement action has been proposed for Kelmar Incorporated for violations in Fauquier County. The violations to be addressed include the improper handling and disposal of hazardous waste. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Daniel Burstein will accept comments by email at daniel.burstein@deq.virginia.gov, FAX at (703) 583-3821, or postal mail at Virginia Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from September 28, 2010, through October 28, 2010.

STATE WATER CONTROL BOARD

Notice of Public Comment on Approval of Water Quality Management Planning Actions

Notice of action: The State Water Control Board (board) is considering the approval of three total maximum daily load (TMDL) reports and two TMDL modifications, and granting authorization to include the TMDL reports and modifications 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 three TMDL reports and two TMDL modifications 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: September 27, 2010, to October 27, 2010.

Description of proposed action: Department of Environmental Quality (DEQ) staff intends to recommend (i) that the DEQ Director approve the TMDL reports and TMDL modifications 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 DEQ Director authorize inclusion of the TMDL reports and TMDL modifications in the appropriate WQMPs. No regulatory amendments are required for these TMDLs and their associated waste load allocations.

At previous meetings, the board voted unanimously to delegate to the DEQ Director the authority to approve TMDLs that do not include waste load allocations requiring regulatory adoption by the board, provided that a summary report of the action the Director plans to take is presented to the board prior to the Director approving the TMDL reports. The TMDLs included in this public notice will be approved using this delegation of authority.

The TMDLs listed below were developed in accordance with federal regulations (40 CFR 130.7) and are exempt from the provisions of Article 2 (§ 2.2-4006 et seq. of the Code of Virginia) 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:

Potomac River & Shenandoah River Basins:

1. "Bacteria TMDL for (non-tidal) Mill Creek including Un-named Tributary to Kissinger Millpond and Kissinger Millpond"

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

2. Modification for "Fecal Bacteria Total Maximum Daily Load Development for Mattox Creek"

2 bacteria TMDLs, located in Westmoreland County, propose bacteria reductions for portions of the watersheds to address VDH Shellfish Area Condemnations and primary contact (swimming use) impairments (modification)

3. Modification for "Fecal Bacteria and General Standard Total Maximum Daily Load (TMDL) Development for Impaired Streams in the Middle River and Upper South River Watersheds"

6 bacteria TMDLs, located in Augusta County, propose bacteria reductions for portions of the watersheds to address a primary contact (swimming use) impairment (modification)

In the Rappahannock River Basin:

4. "Shellfish Bacteria Total Maximum Daily Load (TMDL) Development for Upper Rappahannock Tidal River, Unsegmented Estuaries in E23, Little Carter Creek, Jugs Creek, Piscataway Creek, Mark Haven Beach, and Garrett's Marina"

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

In the York River Basin:

5. "Bacteria Total Maximum Daily Load (TMDL) Development for the Upper York River Watershed, the Lower Pamunkey River Watershed, and the Lower Mattaponi River Watershed"

4 bacteria TMDLs, located in King and Queen, King William, and New Kent Counties, propose bacteria reductions for portions of the watershed to address VDH Shellfish Area Condemnations and primary contact (swimming use) impairments

How to comment: DEQ accepts written comments by e-mail, 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 david.lazarus@deq.virginia.gov.

Public Notice - Approval of Water Quality Management Planning Actions

Notice of action: The State Water Control Board (board) is considering the approval of 10 total maximum daily load 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 10 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: September 27, 2010, to October 27, 2010.

Description of proposed action: DEQ staff intends to recommend (i) that the DEQ Director 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.

At previous meetings, the board voted unanimously to delegate to the DEQ Director the authority to approve TMDL implementation plans, provided that a summary report of the action the Director plans to take is presented to the board prior to the Director's approval. The TMDL Implementation Plans included in this public notice will be approved using this delegation of authority.

The TMDLs listed below were developed in accordance with 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 http://www.deq.virginia.gov/tmdl/iprpts.html.

Affected Waterbodies and Localities:

In the Potomac/Shenandoah River Basin:

1. "Mossy Creek, Long Glade Run, and Naked Creek Water Quality Improvement Plan"

The IP proposes management actions needed to reduce bacteria and sediment and restore the primary contact (swimming) use and aquatic life use in Mossy Creek, Long Glade Run, and Naked Creek located in Rockingham and Augusta Counties.

2. "Smith Creek Watershed TMDL Implementation Plan; Rockingham and Shenandoah Counties, City of Harrisonburg, and Town of New Market, Virginia"

The IP proposes management actions needed to reduce bacteria and sediment and restore the primary contact (swimming) use and aquatic life use in Smith Creek located in Rockingham and Shenandoah Counties.

In the James River Basin:

3. "Flat Creek, Nibbs Creek, Deep Creek, and West Creek TMDL Implementation Plan"

The IP proposes management actions needed to reduce bacteria and restore the primary contact (swimming) use in the Flat Creek, Nibbs Creek, Deep Creek, and West Creek watersheds located in Amelia and Nottoway Counties.

In the Rappahannock River Basin:

4. "Water Quality Implementation Plan for Greenvale, Paynes, and Beach Creeks (Shellfish Areas Listed Due to Bacterial Contamination)"

The IP proposes management actions needed to reduce bacteria and restore the shellfishing use in the Greenvale Creek, Paynes Creek, and Beach Creek watersheds located in Lancaster County.

In the Roanoke River Basin:

5. "Development of the Bacterial Total Maximum Daily Load Implementation Plan for Cub Creek, Turnip Creek, Buffalo Creek, and UT to Buffalo Creek in Appomattox, Campbell, and Charlotte Counties, Virginia"

The IP proposes management actions needed to reduce bacteria and restore the primary contact (swimming) use in Cub Creek, Turnip Creek, Buffalo Creek, and UT to Buffalo Creek located in Charlotte, Campbell, and Appomattox Counties.

6. "Pigg River and Old Womans Creek Watersheds TMDL Implementation Plan"

The IP proposes management actions needed to reduce bacteria and restore the primary contact (swimming) use in Pigg River and Old Womans Creek watersheds located in Franklin, Henry, and Pittsylvania Counties.

In the Chowan River Basin:

7. "Implementation Plan for Bacterial TMDLs in the North Landing River Watershed"

The IP proposes management actions needed to reduce bacteria and restore the primary contact (swimming) use in Milldam Creek and Middle West Neck Creek located in Virginia Beach.

8. "Implementation Plan for Bacterial TMDLs in the Back Bay Watershed"

The IP proposes management actions needed to reduce bacteria and restore the primary contact (swimming) use in Nanney Creek located in Virginia Beach.

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

9. "Occohannock Creek TMDL Implementation Plan"

The IP proposes management actions needed to reduce bacteria and restore the shellfishing use in the Occohannock River watershed located in Accomack and Northampton Counties.

In the New River Basin:

10. "Bluestone River TMDL Implementation Plan Summary"

The IP proposes management actions needed to reduce bacteria and sediment and restore the primary contact (swimming) use and aquatic life use in the Bluestone River located in Tazewell County and the Town of Bluefield.

How to comment: 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 http://www.deq.virginia.gov/tmdl/iprpts.html 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 david.lazarus@deq.virginia.gov.

Public Notice - 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 (DEQ) on the proposed amendment. The purpose of the amendment to the state's Water Quality Management Planning Regulation (9VAC25-720) is to adopt 48 total maximum daily load (TMDL) waste load allocations.

Public comment period: September 27, 2010, to October 27, 2010.

Description of proposed action: DEQ staff will propose amendments of the state's Water Quality Management Planning regulations for the Potomac-Shenandoah River Basin (9VAC25-720-50 A), James River Basin (9VAC25-720-60 A), Roanoke River Basin (9VAC25-720-80 A), Tennessee/Big Sandy River Basin (9VAC25-720-90 A), Chowan River Basin (9VAC25-720-100 A), and Chesapeake Bay - Small Coastal - Eastern Shore 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 11 TMDL reports and 3 TMDL modifications as the plans for the pollutant reductions necessary for attainment of water quality goals in the impaired segments, (ii) that the board authorize inclusion of the TMDL reports in the appropriate Water Quality Management Plan, and (iii) that the board adopt 48 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 2.2-4006 B of the Code of Virginia.

The 11 TMDL reports and 3 TMDL modifications were developed in accordance with federal regulations (40 CFR 130.7) and are exempt from the provisions of Article 2 (§ 2.2-4006 et seq. of the Code of Virginia) 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:

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

1. "Bacteria and Benthic Total Maximum Daily Load Development for South River"

The South River benthic TMDL, located in Augusta and Rockingham Counties, proposes sediment and phosphorus reductions for portions of the watershed. The TMDL includes a sediment wasteload allocation of 619.4 tons/year and a phosphorus wasteload allocation of 6,929.9 kg/yr.

2. "Total Maximum Daily Load Development for Mercury in the South River, South Fork Shenandoah River, and Shenandoah River, Virginia"

The South River, South Fork Shenandoah River, and Shenandoah River Mercury TMDLs, located in Augusta, Rockingham, Page, and Warren Counties, propose mercury reductions for portions of the watershed. The three TMDLs include mercury wasteload allocations of 112 g/yr for the South River, 112 g/yr for the South Fork Shenandoah River, and 112 g/yr for the Shenandoah River.

3. "Total Maximum Daily Load Development to Address Bacteria and Benthic Impairments in the Spout Run Watershed, Clarke County, Virginia"

The Spout Run benthic TMDL, located in Clarke County, proposes sediment reductions for portions of the watershed and provides a sediment wasteload allocation of 7.44 tons/year.

4. "Benthic Total Maximum Daily Load Development for Strait Creek and West Strait Creek"

The Strait Creek and West Strait Creek benthic TMDLs, located in Highland County, propose CBOD5, sediment, and seasonal ammonia reductions for portions of the watersheds. For West Strait Creek, the report provides a sediment wasteload allocation of 0.02 tons/day, CBOD5 wasteload allocation of 11 kg/day, dry season (June-December) ammonia as N wasteload allocation of 1.6 kg/day, and wet season (January-May) ammonia as N wasteload allocation of 2.9 kg/day.  For Strait Creek, the report provides a sediment wasteload allocation of 0.08 tons/day.

5. Modification for "Total Maximum Daily Load (TMDL) Development for Smith Creek"

The Smith Creek benthic TMDL modification proposes to reassign the wasteload allocation of a properly closed point-source discharge (Valley View Mobile Home) to a new point-source discharge (Cedar Land Trailer Court). The proposed updates will not cause a water quality violation because the overall wasteload allocation and TMDL are not being modified.

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

6. "Benthic TMDL Development for the Jackson River, Virginia"

The Jackson River benthic TMDL, located in Alleghany, Bath, and Highland Counties, proposes total phosphorus and total nitrogen reductions for portions of the watershed and provides a TP wasteload allocation of 72,955 lbs/growing season and a TN wasteload allocation of 220,134 lbs/growing season.

7. "Total Maximum Daily Load Development to Address a Benthic Impairment in the Little Calfpasture River, Rockbridge County, Virginia"

The Little Calfpasture River benthic TMDL, located in Rockbridge County, proposes sediment reductions for portions of the watershed and provides a sediment wasteload allocation of 30.4 tons/year.

In the Roanoke River Basin (9VAC25-720-80 A):

8. "Roanoke River PCB TMDL Development (Virginia)"

The Roanoke River PCB TMDL, located in Montgomery, Roanoke, Bedford, Campbell, Charlotte, Pittsylvania, and Halifax Counties, proposes PCB reductions for portions of the watershed and provides several wasteload allocations for streams. The streams and their respective tPCB wasteload allocations are: North Fork Roanoke River, 28.2 mg/year; South Fork Roanoke River, 230.2 mg/year; Masons Creek, 9.1 mg/year; Peters Creek, 65.4 mg/year; Tinker Creek, 103.9 mg/year; Wolf Creek, 10.0 mg/year; UT to Roanoke River, 0.5 mg/year; Roanoke River, 28,157.7 mg/year; Goose Creek, 0.1 mg/year; Sycamore Creek, 1.4 mg/year; Lynch Creek, 0.1 mg/year; Reed Creek, 0.0 mg/year; X-Trib, 0.1 mg/year; UT to Roanoke River, 0.1 mg/year; Little Otter River, 0.0 mg/year; Big Otter River, 0.0 mg/year; Straightstone Creek, 0.0 mg/year; Seneca Creek, 0.0 mg/year;  Whipping Creek, 0.0 mg/year; Falling River, 0.0 mg/year; Childrey Creek, 0.0 mg/year; Catawba Creek, 0.0 mg/year; Turnip Creek, 0.0 mg/year; Hunting Creek, 0.0 mg/year; Cub Creek, 0.0 mg/year; Black Walnut Creek, 0.8 mg/year; Roanoke Creek, 0.0 mg/year; Difficult Creek, 0.0 mg/year; and Roanoke River, 1,931.8 mg/year.

9. Modification for "Benthic TMDL for Twittys Creek Watershed, Virginia"

The modification for Twittys Creek benthic TMDL proposes to revise the WLA to accommodate the expansion of the Drakes Beach WWTP. The revised WLA for this facility would be 18.3 tons/year, or an increase in 14.7 tons/year. This additional load will be taken from the terminated Westpoint Stevens WLA, 16.8 tons/year, which has been transferred to future growth. The adjustment to the future growth allocation will result in no change to the original TMDL or WLA.

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

10. "Bacteria and Benthic Total Maximum Daily Load Development for Middle Fork Holston River"

The Middle Fork Holston River, located in Washington and Smyth Counties, proposes sediment reductions for portions of the watershed and provides a sediment wasteload allocation of 100.4 tons/year.

11. "Bacteria and Benthic Total Maximum Daily Load Development for Wolf Creek"

The Wolf Creek benthic TMDL, located in Washington County, proposes sediment reductions for portions of the watershed and provides a sediment wasteload allocation of 301.6 tons/year.

In the Chowan River Basin (9VAC25-720-100 A):

12. Modification for "Benthic TMDL for Hurricane Branch Unnamed Tributary, Virginia"

The modification for UT Hurricane Branch benthic TMDL proposes to disaggregate the existing sediment wasteload allocation for Blackstone WWTP (60.9 tons/year) into two separate wasteload allocations (Blackstone WWTP at 48.7 tons/year and Blackstone WTP at 12.2 tons/year). This alteration will not change the overall WLA or TMDL and will, therefore, not cause a water quality violation.

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

13. "Benthic Total Maximum Daily Load (TMDL) Development for the Pettit Branch Watershed"

The Pettit Branch benthic TMDL, located in Accomack County, proposes total phosphorus reductions for portions of the watershed. The report provides a total phosphorus wasteload allocation of 0.01 lb/day.

14. "Total Maximum Daily Load for Dissolved Oxygen in Mill Creek, Northampton County, Virginia"

The Mill Creek Dissolved Oxygen TMDL, located in Northampton County, proposes organic carbon and nutrients reductions for portions of the watershed. The report provides a TC wasteload allocation of 30.53 lb/day and a TN wasteload allocation of 10.07 lb/day.

How to comment: 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 DEQ's 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 david.lazarus@deq.virginia.gov.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; FAX (804) 692-0625; Email: varegs@dls.virginia.gov.

Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at http://www.virginia.gov/cmsportal3/cgi-bin/calendar.cgi.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/cumultab.htm.

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: 10VAC5-210. Motor Vehicle Title Lending (adding 10VAC5-210-10 through 10VAC5-210-110).

Publication: 26:25 VA.R. 2840-2852 August 16, 2010.

Correction to Proposed Regulation:

Page 2849, 10VAC5-210-70 D 1, insert a comma after "... (i) goods or services sold"

Page 2849, 10VAC5-210-70 D 4, first sentence, insert commas after "... (i) purchase a good or service from" and "... (ii) obtain a loan from or through"

Page 2849, 10VAC5-210-70 D 4, second sentence, remove semicolons and insert commas after "... (a) sell its goods or services" and "... (b) offer, facilitate, or make loans".  Insert a comma after "... (c) vary the terms of its goods, services, or loans"

Page 2850, 10VAC5-210-70 G, insert commas after "... (i) tax preparation and electronic tax filing services" and "... (ii) facilitating third party tax preparation and electronic tax filing services"

Page 2850, 10VAC5-210-70 G 2, insert commas after "... (i) accepting funds for transmission to the Internal Revenue Service or other government instrumentalities" and "... (ii) receiving tax refunds for delivery to individuals"

VA.R. Doc. No. 2528, filed September 15, 2010, 4:21 p.m.