GENERAL NOTICES/ERRATA
Vol. 27 Iss. 8 - December 20, 2010

GENERAL NOTICES/ERRATA

STATE BOARD OF EDUCATION

Seeking Public Comment: College Partnership Laboratory Schools

The Board of Education is seeking public comment on its proposed criteria, procedures, and application for college partnership laboratory schools, pursuant to HB 1389 and SB 736 (2010 Session of the General Assembly). See: http://www.doe.virginia.gov/administrators/index.shtml.

Section 23-299 of the Code of Virginia defines a college partnership laboratory school as "a public, nonsectarian, nonreligious school established by a public institution of higher education that operates a teacher education program approved by the Virginia Board of Education (Board)." College partnership laboratory schools are public schools established by contract between the governing board of a college partnership laboratory school and the Board of Education. The members of the governing board are selected by the institution of higher education establishing the college partnership laboratory school.

The Board of Education authorized 30 days of public comment on the matter at its November 18, 2010, meeting. The board is expected to review the public comment and take final action on this item at its meeting on January 13, 2011.

Please submit comments by email, U.S. mail, or FAX by December 31, 2010, to the agency contact listed below.

Contact for additional information: Anne D. Wescott, Assistant Superintendent for Policy and Communications, Virginia Department of Education, P.O. Box 2120, Richmond, VA 23218-2120, telephone (804) 225-2403, FAX (804) 225-2524, or email anne.wescott@doe.virginia.gov.

Seeking Public Comment: Criteria, Procedures, and Application for Public Charter Schools

The Board of Education is seeking public comment on its proposed criteria, procedures, and application for public charter schools, pursuant to HB 1390 and SB 737 (2010 Session of the General Assembly). See: http://www.doe.virginia.gov/administrators/index.shtml.

Section 22.1-212.9 of the Code of Virginia requires all applications for public charter schools to be submitted to the Virginia Board of Education for review prior to submission of the application to the local school board. The board is required to establish procedures of receiving and reviewing applications, and making a determination as to whether the application meets approval criteria developed by the board. The Code further provides that the board's review would examine such applications for feasibility, curriculum, financial soundness, and other objective criteria as the board may establish, consistent with existing state law.

The Board of Education authorized 30 days of public comment on the proposed criteria (attached) at its November 18, 2010, meeting. The board is expected to review the public comment and take final action on this item at its meeting on January 13, 2011.

Please submit comments by email, U.S. mail, or FAX by December 31, 2010, to the agency contact listed below.

Contact for additional information: Anne D. Wescott, Assistant Superintendent for Policy and Communications, Virginia Department of Education, P.O. Box 2120, Richmond, VA 23218-2120, telephone (804) 225-2403, FAX (804) 225-2524, or email anne.wescott@doe.virginia.gov.

Seeking Public Comment: Homebound Instructional Services

In response to HB 257 (2010 Session of the General Assembly), the Board of Education is seeking public comment on its Regulations Establishing Standards of Accrediting Public Schools in Virginia (Standards of Accreditation) as the regulations relate to homebound instructional services. HB 257 states:

Be it enacted by the General Assembly of Virginia:

1. § 1. That the Board of Education shall review its Regulations Establishing Standards for Accrediting Public Schools in Virginia (8VAC20-131) as they relate to homebound instructional services to address whether homebound instruction may be made available to students who are confined at home or in a health care facility for periods that would prevent normal school attendance based upon evidence submitted by any person licensed to diagnose and treat mental, emotional, or behavioral disorders by a health regulatory board within the Department of Health Professions.

Currently, 8VAC20-131-180 A of the Standards of Accreditation provides, in part, that:

Homebound instruction shall be made available to students who are confined at home or in a health care facility for periods that would prevent normal school attendance based upon certification of need by a licensed physician or licensed clinical psychologist….

The Board of Education authorized 30 days of public comment on the matter at its November 18, 2010, meeting. The agenda item may be found at http://www.doe.virginia.gov/boe/meetings/2010/11_nov/agenda_items/item_c.pdf. The board is expected to review the public comment and make a determination as to whether to revise the Standards of Accreditation related to homebound instruction at its meeting on January 13, 2011.

Please submit comments by email, U.S. mail, or FAX by December 28, 2010, to the agency contact listed below.

Contact for additional information: Anne Wescott, Assistant Superintendent for Policy and Communication, Virginia Department of Education, P.O. Box 2120, Richmond, VA 23218-2120, telephone (804) 225-2403, FAX (804) 225-2524, or email anne.wescott@doe.virginia.gov.

Seeking Public Comment: Regulations Establishing Standards of Accrediting Public Schools

In response to HB 1199, passed by the 2010 General Assembly, the Board of Education is seeking public comment on its Regulations Establishing Standards of Accrediting Public Schools in Virginia (Standards of Accreditation) as the regulations relate to homebound instructional services. HB 1199 says that in establishing course and credit requirements for a high school diploma, the board shall:

"… Provide for the waiver of certain graduation requirements (i) upon the board's initiative or (ii) at the request of a local school board. Such waivers shall be granted only for good cause and shall be considered on a case-by-case basis."

Currently, 8VAC20-131-350 of the Standards of Accreditation provides that:

"Waivers of some of the requirements of these regulations may be granted by the Board of Education based on submission of a request from the division superintendent and chairman of the local school board. The request shall include documentation of the need for the waiver. In no event shall waivers be granted to the requirements of Part III (8VAC20-131-30 et seq.) of these regulations."

The Board of Education proposes to add the following to 8VAC20-131-350:

"Except that the Board of Education may provide for the waiver of certain graduation requirements in 8VAC20-131-50 (i) upon the board's initiative or (ii) at the request of a local school board on a case-by-case basis in accordance with guidelines established by the board."

The Board of Education also proposes to add the following to its Guidance Document Governing Certain Provisions of the Regulations Establishing Standards for Accrediting Public Schools in Virginia related to the waiver provision:

"The Board of Education may waive certain graduation requirements in 8VAC20-131-50 by resolution. The resolution shall specify the requirement(s) being waived and, if the waiver is time-limited, when the waiver would expire.

Local school boards may seek a waiver of certain graduation requirements in 8VAC20-131-50 on a case-by-case basis by submitting a request to the Superintendent of Public Instruction, on behalf of the board, which explains what requirement(s) are requested to be waived and the justification for each requirement(s) requested for waiver.

The justification shall include a statement of the efforts made by the local school board to assist the student to meet the requirement(s) prior to requesting the waiver.

Such waiver requests may not be submitted more than 90 days prior to the date the student is expected to graduate.

The Superintendent may approve the waiver on behalf of the board and report to the board waivers that have been granted or denied.

For the purposes of this provision, good cause may include, but not be limited to, a catastrophic, sudden, or debilitating illness or injury suffered by the student late in his high school career or a sudden, unexpected requirement or event that causes the family to relocate to another state where the student is unable to complete graduation requirements either in Virginia or the receiving state.

In no event shall a waiver be granted that would substantially reduce or diminish the integrity of the diplomas approved by the Board of Education.

Requirements that have been approved for a waiver shall be noted on the student's official academic record (transcript)."

The Board of Education authorized 30 days of public comment on the matter at its November 18, 2010, meeting. The agenda item may be found at http://www.doe.virginia.gov/boe/meetings/2010/11_nov/agenda_items/item_b.pdf. The board is expected to review the public comment and take final action on this item at its meeting on January 13, 2011.

Please submit your comments by email, U.S. mail, or FAX by December 28, 2010. Send comments to the agency contact listed below.

Contact for additional information: Anne Wescott, Assistant Superintendent for Policy and Communication, Virginia Department of Education, P.O. Box 2120, Richmond, VA 23218-2120, telephone (804) 225-2403, FAX (804) 225-2524, or email anne.wescott@doe.virginia.gov.

Seeking Public Comment: Standards of Quality

In response to § 22.1-18.01 of the Code of Virginia, which requires the Board of Education to review the Standards of Quality in even-numbered years, the board is seeking public comment on its proposal to reaffirm its 2009 proposed policy directions, options for revisions to the Standards of Quality, and issues for further study, which may be found at http://www.doe.virginia.gov/boe/meetings/2010/11_nov/
agenda_items/item_g.pdf.

The Board of Education authorized 30 days of public comment on the matter at its November 18, 2010, meeting. The board is expected to review the public comment and take final action on this item at its meeting on January 13, 2011.

Please submit your comments by email, U.S. mail, or FAX by December 28, 2010. Send comments to the agency contact listed below.

Contact for additional information: Anne D. Wescott, Assistant Superintendent for Policy and Communication, Virginia Department of Education, P.O. Box 2120, Richmond, VA 23218-2120, telephone (804) 225-2403, FAX (804) 225-2524, or email anne.wescott@doe.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Public Notice for Callahan Creek in Wise County - Environmental Cleanup Plan

Purpose of notice: The Department of Environmental Quality (DEQ) and the Department of Mines Minerals and Energy announce a public meeting to develop a draft water quality cleanup plan (implementation plan) for Callahan Creek in Wise County. The agencies invite public participation and comments for the purpose of reducing pollutants to Callahan Creek.

Public comment period: January 20, 2011, to February 21, 2011.

Public meeting: Appalachia Civic Center, 142 Cold Spring Drive, Appalachia, Virginia, on January 20, 2011, from 6 p.m. to 8 p.m. In the event of inclement weather that causes closure of public schools, the meeting will be held on January 31, 2011.

Meeting description: This is the initial public meeting on development of a watershed cleanup plan (implementation plan).

Description of cleanup plan: DEQ has developed a total maximum daily load study (TMDL) for Callahan Creek in Wise County, Virginia. A TMDL is the total amount of a pollutant a stream can contain and still meet water quality standards. The stream has bacteria contamination that threatens human health and sediment and total dissolved solids contamination that has harmed the aquatic life in the stream. To restore water quality, contamination levels need to be reduced to the recommended TMDL amounts. The cleanup plan will define ways to reduce pollutant loading to the watershed. The approved TMDL report may be found at https://www.deq.virginia.gov/TMDLDataSearch/Report
Search.jspx.

The Callahan Creek impaired stream segment includes about 5.1 miles of streams in the watershed. The length of Callahan Creek parallel to Callahan Avenue and Stonega Road from its confluence with Possum Trot Hollow downstream to the Powell River is included. The TMDL study identifies bacteria as the stressor for primary contact recreation, and sediment and conductivity/total dissolved solids as the stressors for aquatic life problems. Reductions in bacteria, sedimentation, and conductivity/total dissolved solids are necessary so that the stream can meet the water quality standards.

How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period. DEQ also accepts written and oral comments at the public meeting. Additionally, information on implementation plans and how they are developed is available at the DEQ website.

Contact for additional information: Allen J. Newman, Virginia Department of Environmental Quality, Southwest Regional Office, P.O. Box 1688, Abingdon, VA 24212-1688, telephone (276) 676-4804, FAX (276) 676-4899, or email allen.newman@deq.virginia.gov.

Notice of Public Comment for Modification of Appomattox River TMDL Report

Notice is hereby given that the Department of Environmental Quality (DEQ) seeks comment on proposed modifications to the bacteria total maximum daily load (TMDL) developed for the Appomattox River and Tributaries located in Appomattox, Buckingham, Cumberland, Prince Edward, Amelia, Nottoway, Powhatan, Chesterfield, Dinwiddie, and Prince George Counties and the Cities of Petersburg, Colonial Heights, and Hopewell, Virginia. A total maximum daily load of E. coli was developed to address the bacterial impairments in the Appomattox River Basin. This TMDL was approved by the Environmental Protection Agency (EPA) on August 30, 2004, and can be found at the following website: http://www.deq.virginia.gov/tmdl/apptmdls/jamesrvr/app.pdf.

DEQ seeks written comments from interested persons on the modification of this TMDL.

The Addison/Evans Water Production and Laboratory Facility (formerly Swift Creek Water Treatment Facility) (VPDES Permit #0006254) is an industrial minor facility that discharges to Swift Creek (segments 2 and 3) and the Appomattox River (segment 3). The facility was assigned a waste load allocation (WLA) of 1.05E+10 cfu/year in the TMDL for each segment based on the design flow of 0.006 million gallons per day (MGD). This facility is a potable water treatment plant (not a sewage treatment plant); therefore, the discharge from this facility is not considered to contribute bacteria and monitoring of the effluent is not required under the permit.

Therefore, DEQ proposes the following changes to the report:

· Remove the WLA for the Addison/Evans Water Production and Laboratory Facility (formerly Swift Creek Water Treatment Facility) (VPDES Permit #0006254). This will result in a change <1% of the TMDL in each of the three segments affected.

· Move former WLA for Addison/Evans facility (VA0006254) of 1.05E+10 to "Future Load" in each segment. Appomattox River segment 3 will change to a total future load of 5.58E+12, Swift Creek segment 2 will result in a future load of 1.05E+10, and Swift Creek segment 3 will result in a future load of 1.05E+10.

For the bacterial TMDL, the proposed WLA changes will neither cause nor contribute to the nonattainment of the Appomattox River basin (0% increase).

The public comment period for this modification will end January 25, 2011. Please include the name, address, and telephone number of the person submitting comments or questions and send to Margaret Smigo, Department of Environmental Quality, Piedmont Regional Office, 4969-A Cox Road, Glen Allen, VA 23060, telephone (804) 527-5124, or email margaret.smigo@deq.virginia.gov.

Total Maximum Daily Loads for Schenks Branch, Meadow Creek, and Moore's Creek Watersheds

The Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation (DCR) seek written and oral comments from interested persons on the development of total maximum daily loads (TMDLs) for the Schenks Branch, Meadow Creek, and Moore's Creek watersheds in the City of Charlottesville and Albemarle County. These streams were listed on the 2006 and 2008 303(d) TMDL Priority List and Report as impaired due to violations of the state's general water quality standard (benthic) for aquatic life. The benthic impairment on Schenks Branch extends 1.138 miles from the headwaters of its tributaries to the Meadow Creek confluence. Meadow Creek is benthically impaired from where it becomes a perennial stream to its confluence with the Rivanna River (4 miles). The benthic impairment on Moore's Creek extends 6.377 miles from its confluence with the Ragged Mountain Dam receiving stream downstream to its confluence with the Rivanna River and includes the tributary locally known as Rock Creek.

Section 303(d) of the federal 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.

The first public meeting on the development of these TMDLs will be held on Thursday, January 6, 2011, at 6 p.m. at Walker Upper Elementary School, 1564 Dairy Road, Charlottesville, VA 22903.

The public comment period for the first public meeting will end on February 7, 2011. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Tara Sieber, Department of Environmental Quality, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7870, FAX (540) 574-7878, or email tara.sieber@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 November 29, 2010, and December 6, 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 One Hundred (10)

Virginia's Instant Game Lottery 1217; "Super Bonus Crossword" Final Rules for Game Operation (effective November 29, 2010)

Director's Order Number One Hundred Ten (10)

Virginia Lottery's "University of Virginia Playbook JPJ Concert Sweepstakes" Final Rules for Game Operation (effective December 6, 2010)

STATE WATER CONTROL BOARD

Proposed Consent Order for Louisa County Water Authority at the Louisa Regional Sewage Treatment Plant

An enforcement action has been proposed for Louisa County Water Authority for alleged violations in Louisa County at the Louisa Regional Sewage Treatment Plant. The proposed consent order describes a settlement of violations of Virginia Pollutant Discharge Elimination System Permit No. VA0067954. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Stephanie Bellotti will accept comments by email at stephanie.bellotti@deq.virginia.gov, FAX (703) 583-3821, or postal mail to Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from December 21, 2010, through January 20, 2011.

Proposed Consent Order for Louisa County Water Authority at the Zion Crossroads Wastewater Treatment Plant

An enforcement action has been proposed for Louisa County Water Authority for alleged violations in Louisa County at the Zion Crossroads Wastewater Treatment Plant. The proposed consent order describes a settlement of violations of Virginia Pollutant Discharge Elimination System Permit No. VA0090743. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Sarah Baker will accept comments by email at sarah.baker@deq.virginia.gov, FAX (703) 583-3821, or postal mail to Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from December 21, 2010, through January 20, 2011.

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: 10VAC5-160. Rules Governing Mortgage Lenders and Brokers (amending 10VAC5-160-10, 10VAC5-160-20, 10VAC5-160-40, 10VAC5-160-50; adding 10VAC5-160-90, 10VAC5-160-100).

Publication: 27:7 VA.R. 683-687 December 6, 2010.

Correction to Proposed Regulation:

Page 685, subdivision 1 of 10VAC5-160-20, strike 6.1-2.9:5 and insert 6.2-604.

VA.R. Doc. No. R11-2653; Filed December 10, 2010