GENERAL NOTICES/ERRATA
Vol. 27 Iss. 3 - October 11, 2010

GENERAL NOTICES/ERRATA

STATE AIR POLLUTION CONTROL BOARD

Public Notice - State Implementation Plan Proposed Revision

Notice of action: The Department of Environmental Quality (DEQ) will hold a public hearing on a proposed revision to the Commonwealth of Virginia State Implementation Plan (SIP). The SIP is the plan developed by the Commonwealth to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act. The Commonwealth intends to submit relevant portions of the regulation to the EPA as a revision to the SIP in accordance with the requirements of § 110(a) of the federal Clean Air Act.

Regulations affected: The regulation of the board affected by this action is Permits for Stationary Sources of Pollutants Subject to Regulation (9VAC5-85).

Purpose of notice: DEQ is seeking comment on the issue of whether the regulation should be submitted as a revision to the SIP.

Public comment period: September 22, 2010, to October 22, 2010.

Public hearing: October 22, 2010, at 9 a.m., Second floor conference room A, Department of Environmental Quality, 629 East Main Street, Richmond, VA.

Public comment stage: The regulation is exempt from the state administrative procedures for adoption of regulations contained in Article 2 of the Administrative Process Act by the provisions of § 2.2-4006 A 4 c of the Administrative Process Act because it is necessary to meet the requirements of the federal Clean Air Act and do not differ materially from the pertinent EPA regulations. Since the regulation is exempt from administrative procedures for the adoption of regulations, DEQ is accepting comment only on the issue cited above under "purpose of notice" and not on the content of the regulation.

Description of proposal: The proposed revision will consist of a regulation concerning permitting of greenhouse gases (GHGs) for appropriate sources; this is accomplished by raising the permitting thresholds for GHGs from 100/250 tons per year (tpy) to 100,000 tpy for new prevention of significant deterioration (PSD) sources and federal operating permit (Title V) sources, and 75,000 tpy for modifications. The federal regulations affect the PSD NSR regulations in 40 CFR 51.166 by adding a definition of "subject to regulation," which includes the new thresholds, and revising the definition of "regulated NSR permit." Because Virginia has the authority to directly implement federal PSD regulations as long as its rules are at least as protective as the federal, the corresponding Virginia regulation must be revised accordingly. The federal regulation also affects the operating permit (Title V) regulations in 40 CFR Part 70 by adding a definition of "subject to regulation," which includes the new thresholds, and revising the definition of "major source." Virginia's federal operating permit regulations are federally approved, and must be revised to be at least as protective as the federal. The major provisions of the proposal are summarized as follows:

1. A section (Part I) describing applicability of the regulation to certain permitting programs regulated under 9VAC5-80 (Permits for Stationary Sources) is established.

2. Part II is established in order for the provisions of the chapter to apply to the Commonwealth's federal operating permit program. This part contains the specific federal tailoring rule requirements.

3. Part III is established in order for the provisions of the chapter to apply to the Commonwealth's PSD permit program.

4. Part IV is established in order for the provisions of the chapter to apply to the Commonwealth's state operating permit program.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law. Except as noted below, the proposal will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to the Commonwealth of Virginia SIP with the exception of Part II, which contains federal operating permit program provisions not germane to the SIP.

How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, written comments must include the full name, address, and telephone number of the person commenting and be received by DEQ by the last day of the comment period. Commenters sending faxes are encouraged to provide the signed original by postal mail within one week. Both oral and written comments are accepted at the public hearing. DEQ prefers that comments be provided in writing, along with any supporting documents or exhibits. All testimony, exhibits, and documents received are part of the public record.

To review regulation documents: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website (http://www.deq.state.va.us/air/permitting/planotes.html). The documents may also be obtained by contacting the DEQ representative named below. The public may review the documents between 8:30 a.m. and 4:30 p.m. of each business day until the close of the public comment period at the following DEQ locations:

1. Main Street Office, 8th Floor, 629 East Main Street, Richmond, VA, telephone (804) 698-4070,

2. Southwest Regional Office, 355 Deadmore Street, Abingdon, VA, telephone (540) 676-4800,

3. Blue Ridge Regional Office, Roanoke Location, 3019 Peters Creek Road, Roanoke, VA, telephone (540) 562-6700,

4. Blue Ridge Regional Office, Lynchburg Location, 7705 Timberlake Road, Lynchburg, VA, telephone (804) 582-5120,

5. Valley Regional Office, 4411 Early Road, Harrisonburg, VA, telephone (540) 574-7800,

6. Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA, telephone (804) 527-5020,

7. Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583-3800, and

8. Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA, telephone (757) 518-2000.

Comments are due by the close of the comment period and are to be sent to the contact person listed below.

Contact Information: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.

DEPARTMENT OF CONSERVATION AND RECREATION

Notice of Public Meeting and Public Comment - Draft Water Quality Improvement Plan for Bacteria Reductions in Buckingham County Streams

The Department of Conservation and Recreation (DCR) and the Department of Environmental Quality (DEQ) present the draft water quality improvement plan for bacteria reductions in Buckingham County streams. The impaired stream segments include - 6.14 miles of Austin Creek, 3.83 miles of Frisby Branch, 8.44 miles of North River, 0.95 mile of Troublesome Creek, 16.92 miles of the Slate River, and 8.84 miles of Rock Island Creek in Buckingham County. The Slate River empties into the James River, and Rock Island Creek, a tributary of the James River, empties into James west of the confluence of the Slate and James Rivers.

Total maximum daily limits (TMDLs) for these six segments were included in the TMDL study completed for the Slate River in March 2007. The TMDLs were approved by EPA, a copy of which can be found on DEQ's website at http://www.deq.virginia.gov/tmdl/apptmdls/jamesrvr/jmslate.pdf.

Section 62.1-44.19:7 C of the Code of Virginia requires the development of an IP for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The draft IP includes the corrective actions needed to reduce bacteria loadings and their associated costs, benefits and environmental impacts.

The second public meeting on the development of the IP for the above impaired segments will be held on Wednesday, October 20, 2010, at 7 p.m. at the Buckingham Agricultural Center, 54 Administration Lane, Buckingham, VA. The IP addresses corrective actions and incentives to reduce bacteria loadings from agriculture, pets, falling septic systems and straight pipes.

The public comment period will end on November 21, 2010. A fact sheet on the development of an IP for the above impaired stream segments is available upon request. Written comments and inquiries should include the name, address, and telephone number of the person submitting the comments and should be sent to Dr. Ram Gupta, Department of Conservation and Recreation, 101 North 14th Street, 11th Floor, Monroe Building, Richmond, VA 23219, email address ram.gupta@dcr.virginia.gov, telephone (804) 371-0991.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Correction for Notice Published September 27, 2010 for Indian Creek TMDL Modification

The notice title of the original notice incorrectly advertised "Hoskins Creek" instead of Indian Creek. All other information included in the previous notice was correct and is repeated below.

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 Comment for Bacteria Total Maximum Daily Load 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 Hoskins Creek in Essex and Queen and King Counties.

The Hoskins Creek TMDL was developed to address the bacterial impairment of the tidal segment of Hoskins Creek. The TMDL was approved by the federal Environmental Protection Agency (EPA) on March 27, 2008, and can be found at the following website: http://www.deq.virginia.gov/tmdl/apptmdls/rapprvr/hoskins.pdf.

DEQ seeks written comments from interested persons on the modification of this TMDL. In the Hoskins Creek Bacteria TMDL approved by the EPA and the Virginia State Water Control Board (April 28, 2009), these changes are necessary for the following permitted dischargers:

• The waste load allocations (WLAs) for the Residence (VAG404196), which is a single family home permitted discharge, and the Town of Tappahannock Sewage Treatment Plant (STP) (VA0071471) was transposed in the TMDL report. The Residence, which has a design flow of 0.001 million gallons per day (MGD) was given a WLA of 3.15E+09 counts/day, and the Town of Tappahannock, which listed a 0.8 MGD design flow, was assigned a WLA of 3.94E+06 counts/day. In addition, the instantaneous maximum single sample water quality standard of 104 counts/mL was incorrectly used to calculate the waste load allocations for both facilities. DEQ proposes to revise the report so that the Residence facility is assigned with the correct WLA calculation based on the geometric mean water quality standard of 35 counts/100mL. The correct WLA for the Residence (VAG404196) is 1.32E+06 counts/day, using the design flow of 0.001 MGD at a water quality standard of 35 counts/mL. The change to the facility's WLA is not the result of any permit change; rather, the original TMDL contained incorrect values for the water quality standard and the maximum design flow.

• The Town of Tappahannock STP (VA0071471) listed an incorrect design flow of 0.8 MGD in the TMDL report. The correct maximum design flow is 0.95 MGD. In addition, the instantaneous maximum single sample water quality standard of 104 counts/mL was incorrectly used to calculate the waste load allocations of the facility. DEQ proposes to revise the report so that the Town of Tappahannock STP is assigned with the correct WLA calculation based on the geometric mean water quality standard of 35 counts/100mL. The correct WLA for (VA0071471) is 1.26E+09 counts/day, using the design flow of 0.95 MGD at a water quality standard of 35 counts/mL. The change to the facility's WLA is not the result of any permit change, rather the original TMDL contained incorrect values for the water quality standard and the maximum design flow.

• The correction of the two facilities' design flows and use of the geometric mean water quality standard results in a decrease of the current allocated waste load from 3.15E+09 counts/day to 1.26E+09, a decrease in the expansion for future growth (5X WLA) from 1.58E+10 counts/day to 6.30E+09 counts/day, and a decrease in the total allocated waste load from 1.90E+10 counts/day to 7.56E+09 counts/day.  The total change in the WLA is equal to less than 1%.

• The correction of the WLA number from 1.90E+10 to 7.56E+09 results in an increase to the allocations assigned to the livestock, wildlife, and pet non-point sources in the TMDL report. The allocated load for livestock will increase from 5.35E+10 to 9.29E+09, for wildlife it will increase from 3.51E+12 to 3.60E+12, and for pets it will increase from 5.18E+10 to 8.99E+09. The total change in the LA is less than 1%.

The proposed changes above will neither cause nor contribute to the non-attainment of Hoskins Creek, as documented in the EPA approved TMDL report.

The public comment period for this modification will end on November 15, 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.

Total Maximum Daily Load for Northwest River

Announcement of a total maximum daily load (TMDL) study to restore water quality in the dissolved oxygen (DO) impaired waters of the Northwest River.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Virginia Department of Conservation and Recreation (DCR) announce a public meeting regarding the Northwest River TMDL Study.

Public meeting: Thursday, October 21, 2010, 6 p.m., Hampton Roads Planning District, The Regional Building, 723 Woodlake Drive, Chesapeake, VA 23320.

Meeting description: This is the first public meeting for this project. The purpose of this meeting is to discuss the study to restore water quality in the Northwest River watershed.

Description of study: Portions of the Northwest River have been identified as impaired in the Clean Water Act § 303(d) list due to violations of the state's water quality standard for dissolved oxygen. The Northwest River watershed is located within the City of Chesapeake. Below are descriptions of the impaired segments that will be addressed in this study:

Stream
Name

Impairments

Area

Upstream
Limit

Downstream
Limit

Northwest River

Aquatic Life use Impairment due to Dissolved Oxygen

16.37
square miles

From headwaters near Wallaceton at River Mile 22.15

VA/NC state line

During this study, DEQ will develop a total maximum daily load (TMDL) for the impaired Northwest River. 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 draft TMDL Report will extend from October 21, 2010, to November 22, 2010. 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: Jennifer Howell, Virginia Department of Environmental Quality, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone (757) 518-2111, or email jennifer.howell@deq.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY AND DEPARTMENT OF CONSERVATION AND RECREATION

Notice of Public Meeting and Public Comment - Implementation Plan for the South River and Christians Creek in Augusta and Rockingham Counties

The Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation (DCR) seek written and oral comments from interested persons on the development of a total maximum daily load (TMDL) implementation plan for the South River and Christians Creek in Augusta and Rockingham Counties. The Upper South River, South River and Christians Creek were originally listed as impaired in the 2004, 2009, and 2002 303d Reports respectively. All streams were listed for violations of the water quality standard for bacteria and the general aquatic life (benthic) standard. TMDLs for bacteria and sediment were developed to address the bacterial impairments in all streams. A TMDL for phosphorus was also developed for the South River only. These TMDLs were approved by EPA on August 10, 2004, for the Upper South River, December 3, 2009, for the South River, and May 31, 2002, for Christians Creek and are available on DEQ's website at https://www.deq.virginia.gov/TMDLDataSearch/
ReportSearch.jspx
.

Section 62.1-44.19:7 C of the Code of Virginia requires the development of an implementation plan (IP) for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and their associated costs, benefits, and environmental impacts.

DEQ and DCR will hold a final public meeting on Wednesday, October 20, 2010, at 7 p.m. to inform the public of the IP development and to solicit comments on the draft document. The meeting will be held in the Waynesboro City Council Chambers at 503 West Main Street, Waynesboro, VA.

The draft IP will be available for review no later than October 20, 2010, at http://www.deq.virginia.gov/tmdl/iprpts.html. The public comment period for this final public meeting will end on Friday, November 19, 2010. Questions or information requests should be addressed to Nesha McRae, Department of Conservation and Recreation, 44 Sangers Lane, Suite 102, Staunton, VA 24401, telephone (540) 332-9238, or email nesha.mcrae@dcr.virginia.gov. Written comments should also include the name, address, and telephone number of the person submitting the comments and also should be sent to Nesha McRae.

STATE LOTTERY DEPARTMENT

Director's Order

The following Director's Order of the State Lottery Department was filed with the Virginia Registrar of Regulations on September 20, 2010. The order 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 Seventy-Nine (10)

Virginia Lottery's "The Price Is Right Sweepstakes" Final Rules for Game Operation (effective September 20, 2010)

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.