GENERAL NOTICES/ERRATA
Vol. 27 Iss. 11 - January 31, 2011

GENERAL NOTICES/ERRATA

AIR POLLUTION CONTROL BOARD

State Implementation Plan Proposed Revision - Public Comment Opportunity

Clean Air Interstate Rule

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed revision to the Commonwealth of Virginia state implementation plan (SIP). The SIP is a plan developed by the Commonwealth in order 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 the regulation or a portion thereof 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 the Regulation for Emissions Trading, CAIR Nonattainment Area Requirements, Parts II, III, and IV of 9VAC5 Chapter 140.

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

Public comment period: January 31, 2011, to March 3, 2011.

Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed below. In order to be considered, the request must include the full name, address, and telephone number of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be conducted.

Public comment stage: The regulation amendments are 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 a and 2.2-4006 4 b of the Administrative Process Act because they are necessary to conform to Virginia statutory law and are necessary to conform to an order of the court. Since the amendments are 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 amendments.

Description of proposal: In essence, the proposed revision will consist of amendments to existing regulation provisions concerning emissions trading in order to implement the requirements of both court and legislative action. On February 25, 2010, a final decision of the Court of Appeals of Virginia vacated the nonattainment provisions in both the NOx Annual Trading Program (Part II of 9VAC5-140-1061) and the NOx Ozone Season Trading Program (Part III of 9VAC5-140-2061).

In addition, the 2010 Acts of Assembly amended § 10.1-1328 A 5 of the Code of Virginia in such a way that the nonattainment provisions of the SO2 Annual Trading Program are no longer consistent with the Code of Virginia and therefore must also be repealed. The major provisions of the proposal are to delete the following provisions:

1. 9VAC5-140-1061 and 9VAC5-140-1062 (9VAC5-140, Part II - NOx Annual Trading Program).

2. 9VAC5-140-2061 and 9VAC5-140-2062 (9VAC5-140, Part III - NOx Ozone Season Trading Program).

3. 9VAC5-140-3061 and 9VAC5-140-3062 (9VAC5-140, Part IV – SO2 Annual Trading 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.

How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, 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 submitting faxes are encouraged to provide the signed original by postal mail within one week. 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, 629 East Main Street, 8th Floor,  Richmond, VA, telephone (804) 698-4070,

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

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

4) Blue Ridge Regional Office, 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.

Contact Information: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

Public Notice – Environmental Regulation

State Implementation Plan Proposed Revision - Public Comment Opportunity

Ambient Air Quality Standards

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed revision to the Commonwealth of Virginia state implementation plan (SIP). The SIP is a plan developed by the Commonwealth in order 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 the regulation or a portion thereof 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 as follows: Ambient Air Quality Standards, 9VAC5- Chapter 30 (Rev. A10).

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

Public comment period: January 31, 2011, to March 3, 2011.

Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed below. In order to be considered, the request must include the full name, address, and telephone number of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be conducted.

Public comment stage: The regulation amendments are 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 they are necessary to meet the requirements of the federal Clean Air Act and do not differ materially from the pertinent EPA regulations. Since the amendments are 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 amendments.

Description of proposal: The proposed revision will consist of amendments to existing regulation provisions concerning the ambient air quality standard for nitrogen dioxide (NO2). The major provisions of the proposal are summarized as follows: Chapter 30 contains the national ambient air quality standards (NAAQS) for the specific criteria pollutants set out in 40 CFR Part 50. Incorporation of the NAAQS into the state regulations is necessary to provide a legally enforceable means by which the state prepares attainment and maintenance plans, and determines whether a new source will affect the NAAQS. The standard for NO2 was revised to (i) specify that NO2 is the indicator for nitrogen oxides (NOX), (ii) limit the 53 parts per billion standard to the annual primary standard, (iii) add a new primary 1-hour standard, (iv) specify reference methods, and (v) specify how the different standards are attained.

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. 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.

How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, 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 submitting faxes are encouraged to provide the signed original by postal mail within one week. 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, 629 East Main Street, 8th Floor, Richmond, VA, telephone (804) 698-4070,

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

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

4) Blue Ridge Regional Office, 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.

Contact for public comments, document requests and additional information: Karen G. Sabasteanski, Policy Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.

STATE CORPORATION COMMISSION

Revisions to the Commission's Rules of Practice and Procedure

AT RICHMOND, JANUARY 10, 2011

COMMONWEALTH OF VIRGINIA, ex rel.
STATE CORPORATION COMMISSION

CASE NO. CLK-2011-00001

Ex Parte: In the matter concerning revised
State Corporation Commission Rules of
Practice and Procedure

ORDER FOR NOTICE OF PROCEEDING TO CONSIDER
REVISIONS TO COMMISSION'S RULES OF PRACTICE AND PROCEDURE

The State Corporation Commission's ("Commission") Rules of Practice and Procedure, at 5VAC5-10-10 et seq. ("Rules"), were last revised in Case No. CLK-2008-00002,1 in which the Commission focused primarily on changes to Rule 170.2 The Commission's Rules were also revised in Case No. CLK-2007-00005,3 in which the Commission incorporated procedures for electronic filing. Prior to Case No. CLK-2007-00005, the Rules were revised in 2001 in Case No. CLK-2000-00311.4 The Commission has concluded that it is appropriate to revisit Part IV of our Rules to review and consider issues related to discovery in Commission proceedings. The Rules currently provide for some discovery of Staff in adjudicatory proceedings in Rule 280 A. Additionally, the Rules also require Commission Staff to file workpapers supporting its recommendations in actions pursuant to Rule 80 A.

Interested parties are invited to comment upon and suggest modifications or supplements to, or request hearing on, provisions of Part IV of the Rules with regard to whether the Commission Staff should be subject to discovery.  Interested parties should address, among other things, whether: (i) Commission Staff should be subject to discovery and, if so, what types of discovery and in what types of proceedings; and (ii) whether experts or consultants retained by Commission Staff should be subject to discovery and, if so, what types of discovery and in what types of proceedings.

The Commission is also interested in hearing how subjecting Commission Staff to discovery may affect: (i) the Commission's ability to meet statutory deadlines in certain types of proceedings; (ii) available resources and efficiency in handling cases; (iii) the Commission Staff's ability to interact informally with regulated entities and their customers to effect resolution of disputes; (iv) the ability of Commission Staff to work with regulated entities in competitive industries; and (v) the protection of sensitive information provided to Commission Staff by regulated entities.

A copy of the current Rules is attached hereto. Interested parties, in addition to commenting upon or suggesting modifications to Part IV of the Rules, may also request a hearing on the Rules. The Commission's Division of Information Resources is directed to cause the Rules to be published in the Virginia Register of Regulations and to make the Rules available for inspection on the Commission's website.

Accordingly, IT IS ORDERED THAT:

(1) This matter shall be docketed and assigned Case No. CLK-2011-00001.

(2) The Commission's Division of Information Resources shall forward this Order to the Registrar of Regulations for publication in the Virginia Register of Regulations.

(3) The Commission's Division of Information Resources shall make a downloadable version of the current Rules available for access by the public at the Commission's website, http://www.scc.virginia.gov/caseinfo.htm. The Clerk of the Commission shall make a copy of the Rules available, free of charge, in response to any written request for one.

(4) Interested persons wishing to comment, propose modifications or supplements to, or request a hearing on Part IV of the Rules shall file an original and fifteen (15) copies of such comments, proposals, or requests for hearing with the Clerk of the Commission, State Corporation Commission, 1300 East Main Street, Richmond, Virginia 23219, on or before March 18, 2011, making reference to Case No. CLK-2011-00001. Interested persons desiring to submit comments electronically may do so by following the instructions available at the Commission's website, http://www.scc.virginia.gov/caseinfo.htm.

(5) The Commission Staff may, on or before April 8, 2011, provide a response to any comments or requests for hearing that are received.

(6) This matter is continued for further orders of the Commission.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to all public utilities providing service within the Commonwealth of Virginia and to representatives of the insurance, banking, and securities industries as shown on the attached appendices and to the individuals and organizations on the service list attached hereto.

_________________________

1 Commonwealth of Virginia, ex rel. State Corporation Commission, Ex Parte: In the matter concerning revised State Corporation Commission Rules of Practice and Procedure, Case No. CLK-2008-00002, Final Order (Feb. 24, 2009).

2 Each Rule discussed herein will be referred to in this short form. The full citation for the Rule is 5VAC5-20-170.

3 Commonwealth of Virginia, ex rel. State Corporation Commission, Ex Parte: In the matter concerning revised State Corporation Commission Rules of Practice and Procedure, Case No. CLK-2007-00005, Final Order (Jan. 15, 2008).

4 Commonwealth of Virginia, At the relation of the State Corporation Commission, Ex Parte: In the matter concerning revised State Corporation Commission Rules of Practice and Procedure, Case No. CLK-2000-00311, Final Order (April 30, 2001).

DEPARTMENT OF ENVIRONMENTAL QUALITY

Announcement of Rescheduled Public Meetings for Initiation of a Water Quality Restoration Study for the James River and Selected Tributaries in Richmond, Hopewell, Petersburg, Colonial Heights, Chesterfield, Henrico, Dinwiddie, Prince George, Charles City, and Surry

Public meetings: Two public meetings will be held on Tuesday, February 1, 2011. An afternoon meeting will be held at 2 p.m. at the East End Library located at 2414 "R" Street, Richmond, VA 23223. An evening meeting will be held at 6 p.m. at the Department of Environmental Quality (DEQ) Central Office (2nd Floor Conference Room) located at 629 Main Street in Richmond VA 23219. Both meetings are open to the public. The original meetings scheduled for this project were cancelled due to weather.

Purpose of notice: The Virginia Department of Environmental Quality is announcing the initiation of a water quality restoration study for the James River and selected tributaries which are impaired due to polychlorinated biphenyls (PCBs).

Meeting description: First public "kick-off" meetings on this study to share ongoing efforts to-date with the public. The meeting will include information regarding PCBs, DEQ monitoring data, how the pollutant will be modeled in the waterways, and ongoing voluntary sampling efforts throughout the watershed by facilities.

Description of study: The following streams are found to exceed the water quality standard for PCBs and are in violation of the "fishing" designated use in the jurisdictions listed in the title of this notice: Appomattox River (to Lake Chesdin Dam), Bailey Creek (to Rt. 360), Bailey Bay, and Chickahominy River (to Walkers Dam). Additionally, the James River is impaired from the fall line to the Hampton Roads Bridge Tunnel. For the purposes of these meetings, the James River from the fall line to the Charles City County and Surry County extents will be discussed. Information regarding the impairments is available on the DEQ website (http://www.deq.virginia.gov/wqa/pdf/2010ir/appendices/ir10_AppendixA_Category5_Factsheets_James.pdf - search factsheet using the term "PCB"). Two studies are being developed concurrently due to the size of the impaired watershed. This set of public meetings will focus on the upper tidal portion of the James River and selected tributaries. A second study is being developed for the lower tidal James River and selected tributaries (1st public meetings were held on Dec. 1). If you would like information on the lower tidal James River PCB study, please contact Jennifer Howell at jennifer.howell@deq.virginia.gov.

The study will report on the sources of PCB contamination and will recommend total maximum daily loads (TMDLs) for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL amount.

How a decision is made: The development of a TMDL includes a public comment period, including public meetings. Public comments will be incorporated into the TMDL development. Following the public notice and review of the final TMDL draft report (to be available at some point in the future), DEQ will submit the TMDL report to the U.S. Environmental Protection Agency (EPA) for approval. The final TMDL report is due to EPA in 2014. Given the extent of the impairments and complexities of the pollutant, DEQ is initiating the TMDL study now in order to allow the time necessary for study development.

How to comment: DEQ accepts written comments by email, fax, or postal mail. Comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period, which will end on March 4, 2011.

Contact for additional information: Margaret Smigo, TMDL Coordinator, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 527-5124, FAX (804)-527-5106, or email margaret.smigo@deq.virginia.gov.

Enforcement Action for Pilot Travel Centers, L.L.C.

An enforcement action has been proposed for Pilot Travel Centers, L.L.C. regarding violations of 9VAC25-580-240, 9VAC25-580-250 B, subdivision 1 of 9VAC25-580-90, subdivisions 2 and 3 of 9VAC25-580-120, and 9VAC25-580-130 A 2 at a facility in Botetourt County and 9VAC25-580-260 and 9VAC25-580-280 at a facility in Roanoke County. The consent order describes a settlement to resolve violations of the underground storage tank technical standards and correction action requirements. A copy the proposed settlement is available at the DEQ office named below or online at www.deq.virginia.gov. Lee M. Crowell, Esq. will accept comments by email at lee.crowell@deq.virginia.gov, FAX (804) 698-4277, or postal mail at Department of Environmental Quality, Central Office, 629 East Main Street, Richmond, VA 23219, from January 31, 2011, to March 2, 2011.

Announcement of a Total Maximum Daily Load study to Restore Water Quality in the Dissolved Oxygen 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 conclusion of the Northwest River TMDL Study.

Public meeting: Thursday, February 17, 2011, at 6:30 p.m., Virginia Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462.

Meeting description: This is the final public meeting for this project. The purpose of this meeting is to discuss the conclusion of the study developed 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 and the City of Virginia Beach. Below are descriptions of the impaired segments that were 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, a total maximum daily load (TMDL) was developed 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 TMDL Report will extend from February 17, 2011, through March 18, 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, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone (757) 518-2111, or email jennifer.howell@deq.virginia.gov.

Announcement of Virginia Coastal and Estuarine Land Conservation Program (CELCP) Funding Opportunity FY 2012

· State Program Name: Virginia Coastal Zone Management Program

· Federal Funding Source: Office of Ocean and Coastal Resource Management (OCRM), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce

· Application Deadline: Applications must be received electronically by March 10, 2011. Email applications to Beth Polak at the Virginia Coastal Zone Management Program: beth.polak@deq.virginia.gov.

· Funding Opportunity Description: The purpose of this document is to advise eligible applicants (requirements described below) that the Virginia CZM Program is soliciting coastal and estuarine land conservation (acquisitions or easements) project proposals for competitive funding under the Coastal and Estuarine Land Conservation Program. Funding is contingent upon the availability of FY 2012 federal appropriations. It is anticipated that projects funded under this announcement will have a grant start date between June 1, 2012, and October 1, 2012.

Program Objectives: The Coastal and Estuarine Land Conservation Program (CELCP) was authorized "for the purposes of protecting important coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values, or that are threatened by conversion from their natural, undeveloped, or recreational state to other uses." This announcement solicits proposals for land acquisition projects (fee simple interest or conservation easements) that can be completed within 18 months from the start date of the award (anticipated between June 1, 2012, and October 1, 2012) and that have the purpose of protecting important coastal and estuarine areas. NOAA may extend the performance period for project grants up to an additional 18 months (for a maximum total performance period of three years) if circumstances warrant and if progress on the project is being demonstrated.

Eligible Projects: In order to be eligible to compete, a project must:

1. Be located in a coastal and estuarine area included within the Coastal Zone boundary, as identified in the Virginia CELCP plan;

2. Match federal CELCP funds with nonfederal funds at a ratio of 1:1;

3. Be held in public ownership by the grant recipient (please note: If the grant recipient is a state agency that does not have authority to hold title to lands, the property may be held by another state agency that has the authority and mission to own and manage land for conservation purposes in a manner consistent with CELCP. If the project includes lands being contributed as in-kind match, the match properties may be held either in public ownership or by a qualified nongovernmental organization);

4. Provide conservation in perpetuity;

5. Provide for public access or other public benefit, as appropriate and consistent with resource protection;

6. Be consistent with Virginia's Coastal Zone Management Program approved under the Coastal Zone Management Act (CZMA);

7. Be acquired from a willing seller; and

8. Complement working waterfront needs, to the extent practicable.

To meet the CELCP's national criteria, projects should:

1. Protect important coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values, or that are threatened by conversion from their natural, undeveloped, or recreational state to other uses;

2. Give priority to lands that can be effectively managed and protected, have significant ecological value, have a demonstrated need for protection, and have the ability to successfully leverage funds; and

3. Directly advance the goals, objectives, and implementation of the Virginia CELCP plan, which necessarily includes goals and objectives that relate to the coastal management plan or program, NERR management plans approved under the CZMA, national objectives of the CZMA, or a regional or state watershed protection plan for states and territories with approved coastal management plans.

For complete information regarding the VA CELCP application process visit the Virginia Coastal Zone Management Program website at http://www.deq.virginia.gov/coastal/celcp.html or contact Beth Polak, Coastal Planner, Virginia CZM Program at (804) 698-4260 or email beth.polak@deq.virginia.gov.

Enforcement Action for Francis M. Barlow, Jr.

An enforcement action has been proposed for Francis M. Barlow, Jr. for alleged violations in Caroline County associated with the Frog Level Farm 614. The consent order describes a settlement to resolve unpermitted impacts taken to surface waters associated with the clearing, grubbing, and excavation activities conducted on the property. 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 (703) 583-3821, or postal mail at Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from February 1, 2011, through March 3, 2011.

DEPARTMENT OF EDUCATION

Extended Public Comment Period: Guidelines for the Prevention of Sexual Misconduct and Abuse in Virginia Public Schools

The Board of Education is seeking additional public comment on the proposed Guidelines for the Prevention of Sexual Misconduct and Abuse in Virginia Public Schools. The proposed guidelines may be viewed at: http://www.doe.virginia.gov/boe/meetings/2011/01_jan/agenda_items/item_j.pdf.

The 2008 General Assembly adopted legislation (HB 1439 and SB 241) amending Standard 7 of the Standards of Quality to require school boards to adopt policies addressing sexual abuse of students by teachers and other school board employees:

§ 22.1-253.13:7. Standard 7. School board policies.

Each local school board shall develop policies and procedures to address complaints of sexual abuse of a student by a teacher or other school board employee.

The Virginia Board of Education developed Guidelines for the Prevention of Sexual Misconduct and Abuse in Virginia Public Schools to help school divisions meet their obligation under the law and create and implement policies and procedures that establish clear and reasonable boundaries for interactions between students and teachers, other school board employees, and adult volunteers. The model policies and best practices in the document draw from policies and legislation approved by school boards and legislatures in other states and policies and best practices implemented by private and parochial schools and national youth-service organizations.

The Board of Education is expected to review the public comment and adopt final guidelines at its meeting on February 17, 2011, in Richmond, Virginia.

Please submit your comments by email, US mail, or FAX by February 12, 2011. Send comments to: Charles Pyle, Director of Communications, Virginia Department of Education, P.O. Box 2120, Richmond, VA 23218, email charles.pyle@doe.virginia.gov, FAX (804) 225-2524.

Contact Information: Dr. Margaret N. Roberts, Office of Policy & Communications, P.O. Box 2120, 101 N. 14th Street, 25th Floor, Richmond, VA 23219, (804) 225-2540, FAX (804) 225-2524, or email margaret.roberts@doe.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 January 6, 2011, January 7, 2011, and January 10, 2011. 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 One Hundred Three (10)

Virginia Lottery's "Cruise For Cash Sweepstakes" Final Rules for Game Operation (effective nunc pro tunc to January 4, 2011)

Director's Order Number One Hundred Eight (10)

"Winter Chain Promotion" Virginia Lottery Retailer Incentive Program (effective January 10, 2011)

Director's Order Number One Hundred Nine (10)

Virginia Lottery's "Truckin' For Cash Sweepstakes" Final Rules for Game Operation (effective January 4, 2011)

STATE WATER CONTROL BOARD

Proposed Consent Special Order for Ammar's, Inc.

An enforcement action has been proposed for Ammar's, Inc. for violations in Bluefield, Virginia. The special order by consent describes a settlement for violations related to an oil discharge to state waters. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Dallas R. Sizemore will accept comments by email at dallas.sizemore@deq.virginia.gov), FAX (276) 676-4899 or postal mail at Department of Environmental Quality, Southwest Regional Office, P.O. Box 1688, Abingdon, VA 24212, from January 31, 2011, to March 2, 2011. The office is located at 355 Deadmore Street, Abingdon, Virginia.

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

DEPARMENT OF MEDICAL ASSISTANCE SERVICES

Titles of Regulations: 12VAC30-40. Eligibility Conditions and Requirements (amending 12VAC30-40-10).

12VAC30-110. Eligibility and Appeals (amending 12VAC30-110-1300).

Publication: 27:9 VA.R. 800-804 January 3, 2011.

Correction to "Title of Regulations":

Page 800, Titles of Regulations, 12VAC30-110. Eligibility and Appeals, change "amending" to "repealing" before 12VAC30-110-1300

VA.R. Doc. No. R11-2263, Filed January 5, 2011

BOARD OF HOUSING AND COMMUNITY DEVELOPMENT

Title of Regulation: 13VAC5-51. Virginia Statewide Fire Prevention Code.

Publication: 27:2 VA.R. 183-217 September 27, 2010.

Correction to Final Regulation:

Page 209, column 2, 13VAC5-51-150 F, Section 3301.4.1, paragraph 2 beginning "The SMFO shall," line 3, after "blaster," insert "[ and pyrotechnician ]"

VA.R. Doc. No. R09-1893; Filed January 6, 2011, 3:43 p.m.