GENERAL NOTICES/ERRATA
Vol. 27 Iss. 18 - May 09, 2011

GENERAL NOTICES/ERRATA

AIR POLLUTION CONTROL BOARD

Public Comment Period - Proposed State Implementation Plan Revision
(General Conformity)

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 to 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 Regulations for General Conformity (9VAC5-20-21, Rev. F10).

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: May 9, 2011, to June 8, 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 of the Administrative Process Act because they are necessary to conform to Virginia statutory law. 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 general conformity, 9VAC5-160. The major provisions of the proposal are summarized as follows: The federal Clean Air Act requires that federal plans, programs, and projects conform with state and federal air quality implementation plans. That is, federal agencies must make determinations that general federal actions, such as prescribed burning, military base closings, and real estate developments, conform with Virginia's SIP. On July 17, 2006 (71 FR 40420), EPA revised its general conformity regulations to add PM2.5 de minimis emission levels for general conformity applicability. On April 5, 2010 (75 FR 17254), EPA further revised its general conformity requirements in order to address a number of implementation issues, and to improve the program's ability to facilitate federal agency compliance with conforming their activities to the SIPs, thereby preventing violations of the national ambient air quality standards (NAAQS). EPA deleted 40 CFR 51.850 and 40 CFR 51.51.852 through 51.860, since those sections merely repeated the language in 40 CFR 93.150 and 40 CFR 93.152 through 93.160. EPA then included a requirement in 40 CFR 51.851 that the general conformity SIP must meet the requirements in 40 CFR Part 93, subpart B, which were in turn revised to effect the needed program changes. The Virginia general conformity regulation must meet these new federal requirements.

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

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

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

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

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.

Public Comment Period - Proposed State Implementation Plan Revision
(Transportation Conformity)

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 to 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 Regulation for Transportation Conformity (9VAC5-151, Rev. E10).

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: May 9, 2011, to June 8, 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 of the Administrative Process Act because they are necessary to conform to Virginia statutory law. 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 transportation conformity, 9VAC5-151. The major provisions of the proposal are summarized as follows: The federal Clean Air Act requires that federally-funded transportation plans, programs, and projects conform to state air quality implementation plans (SIPs). Metropolitan planning organizations and the United States Department of Transportation must demonstrate that such plans, programs, and projects conform to Virginia's SIP. "Conformity" means that the activity conforms to the SIP's purpose of eliminating or reducing the severity and number of violations of the National Ambient Air Quality Standards (NAAQS) and achieving expeditious attainment of such standards, and will not (i) cause or contribute to any new violation of any standard, (ii) increase the frequency or severity of any existing violation of any standard, or (iii) delay timely attainment of any standard or any required interim emission reductions or other milestones. Under 40 CFR 51.390, Virginia is required to submit to the EPA a revision to the SIP that establishes conformity criteria and procedures consistent with the transportation conformity regulation promulgated by EPA at 40 CFR Part 93.

EPA promulgated amendments to the federal transportation regulation on March 24, 2010 (75 FR 14260). In this action, EPA amended the transportation conformity rule to finalize provisions that were proposed on May 15, 2009, and to address hot-spot analyses as a result of a remand from the Court of Appeals for the District of Columbia Circuit. EPA updated the transportation conformity regulation in light of the October 17, 2006, final rule that strengthened the 24-hour PM2.5 NAAQS and revoked the annual PM10 NAAQS (71 FR 61144). However, the October 2006 rule did not revoke the 1997 annual or 24-hr PM2.5 NAAQS; therefore, the designations for the 2006 PM2.5 NAAQS remain separate from the existing designations for the 1997 PM2.5 NAAQS. Transportation conformity applies for the NAAQS for which an area is designated nonattainment; the transportation conformity regulation must address all PM2.5 designations.

The federal transportation conformity regulations address the following: (i) determining the baseline year for certain 2006 PM2.5 nonattainment areas, (ii) regional conformity tests in 2006 PM2.5 nonattainment areas that do not have adequate or approved SIP budgets for the 1997 PM2.5 NAAQS, (iii) regional conformity tests in 2006 PM2.5 areas that have 1997 PM2.5 SIP budgets, (iv) other conformity requirements for 2006 PM2.5 areas, (v) transportation conformity in PM10 nonattainment and maintenance areas in light of the revocation of the annual PM10 NAAQS, and (vi) response to the December 2007 hot-spot court decision.

In order to implement the federal transportation conformity requirements, the Virginia regulation must reflect the recent revisions made to the federal regulations. To this end, 9VAC5-151 needs to be amended to include the most recent federal revisions.

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

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

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

4) 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.

STATE CORPORATION COMMISSION

Bureau of Insurance

April 12, 2011

Administrative Letter 2011-01

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

RE:   14VAC5-190-10 et seq.: Rules Governing the Reporting of Cost and Utilization Data Relating to Mandated Benefits and Mandated Providers - 2010 Reporting Period

The purpose of this Administrative Letter is to assist carriers in the preparation of the Annual Report of Cost and Utilization Data relating to Mandated Benefits and Providers required pursuant to 14VAC5-190-10 et seq. and § 38.2-3419.1 of the Code of Virginia, and to remind all affected carriers of the reporting requirements applicable to mandated benefits and providers for the 2010 reporting year. Carriers should refer to 14VAC5-190-40 for an explanation of the circumstances under which a full and complete or an abbreviated report must be filed, or under which a company may be exempt from filing a report. The Virginia total annual written premiums for all accident and sickness policies or contracts referred to in the regulation is the amount reported to the Commission on the company's Annual Statement for the year ending December 31, 2010. This is the amount used to determine if a report is required. Each affected carrier must submit a completed Form MB-1 to furnish the required information. It is not acceptable to submit more than one Form MB-1 for a single carrier or to consolidate information from different carriers on one form.

The completed Form MB-1 (cover sheet and sections) is due on or before May 1, 2011 and may be submitted electronically. The due date may not be extended for any reason, including the inability to file the reports electronically. The instructions, representative CPT and ICD-9-CM codes, and forms for the 2010 reporting period are available on the Bureau of Insurance's website at: http://www.scc.virginia.gov/division/boi/webpages/boimandatedforms.htm.

The instructions explain the type of information necessary to complete Form MB-1. All sources of information, including 14VAC5-190-10 et seq., §§ 38.2-3408 through 38.2-3418.15, as applicable, § 38.2-4221, and CPT and ICD-9-CM codes, should be consulted in the preparation of this report. Please note that the CPT and ICD-9-CM codes are not intended to exhaust all medical codes that may be used in collecting data for Form MB-1, but are representative of some of the more common codes associated with the mandated benefits.

Carriers are reminded that failure to submit a substantially complete and accurate report pursuant to the provisions of 14VAC5-190-10 et seq., by May 1, 2011, may be considered a violation subject to a penalty as set forth in § 38.2-218 of the Code of Virginia. Lack of notice, lack of information, lack of means of producing the required data, or other such reasons will not be accepted for not submitting a complete and accurate report in a timely manner.

Correspondence regarding reporting requirements should be directed to Mary Ann Mason, Senior Insurance Market Examiner, Forms and Rates Section, Bureau of Insurance, Life and Health Division, P.O. Box 1157, Richmond, VA 23218, telephone (804) 371-9348, FAX (804) 371-9944, or email maryann.mason@scc.virginia.gov. System related questions or problems should be directed to Andrew Iverson, Insurance Analyst, Bureau of Insurance, Automated Systems, P.O. Box 1157, Richmond, VA 23218, telephone (804) 371-9851, FAX (804) 371-9516, or email andrew.iverson@scc.virginia.gov.

/s/ Jacqueline K. Cunningham
Commissioner of Insurance

* * * * * * * *

AT RICHMOND, APRIL 15, 2011

COMMONWEALTH OF VIRGINIA,

At the relation of the

STATE CORPORATION COMMISSION

CASE NO. PUE-2011-00033

Ex Parte: In the matter of determining
appropriate regulation of pole attachments
and cost sharing in Virginia

ORDER ESTABLISHING PROCEEDING
AND SCHEDULING HEARING

During the 2011 Session of the Virginia General Assembly ("General Assembly"), the House of Delegates Commerce and Labor Committee ("House Committee") considered HB 1439, which would have given the State Corporation Commission ("Commission") jurisdiction over rates, terms and conditions of pole attachments by cable and telephone companies on electric cooperative poles after negotiations failed to produce agreements. As introduced, HB 1439 required the Commission to set the rates, terms, and conditions for pole attachments using the principles established by the Federal Communications Commission ("FCC") in regulations and case law pursuant to 47 U.S.C. § 244. HB 1439 also stated that the Commission could not establish a pole attachment rate higher than the highest rate for a similar attachment charged by a nearby investor-owned utility. A similar bill, SB 890, was considered by the Senate Commerce and Labor Committee. Subsequently, the House Committee elected to defer consideration of HB 1439 pending completion of a Commission study on the subject matter of the bill and related issues.

By letter dated January 31, 2011 ("January 31 Letter"), Delegate Terry G. Kilgore and Senator Richard L. Saslaw requested that the Commission "prepare and issue a report to the House Committee on or before November 1, 2011, containing detailed standards and recommendations on electric cooperative pole attachment issues in the Commonwealth."1 Accordingly, the Commission will undertake an investigation of the issues related to electric cooperative pole attachments and will receive public comment to enable a comprehensive report on such issues.

NOW THE COMMISSION is of the opinion that we should receive input from the broadest range of persons and organizations having an interest in issues related to pole attachment agreements within the Commonwealth. Accordingly, we will direct that notice of this proceeding be given to the Office of the Attorney General, Division of Consumer Counsel, and to the following incumbent electric utilities, cooperative and municipal providers of electric service, and telecommunications service providers: A&N Electric Cooperative, B-A-R-C Electric Cooperative, Central Virginia Electric Cooperative, Community Electric Cooperative, Craig Botetourt Electric Cooperative, Mecklenburg Electric Cooperative, Northern Neck Electric Cooperative, Northern Virginia Electric Cooperative, Old Dominion Electric Cooperative, Powell Valley Electric Cooperative, Prince George Electric Cooperative, Rappahannock Electric Cooperative, Shenandoah Valley Electric Cooperative, Southside Electric Cooperative, Virginia Electric and Power Company, Appalachian Power Company, Kentucky Utilities Company, Amelia Telephone Corporation, Buggs Island Telephone Cooperative, Burke's Garden Telephone Exchange, Central Telephone Company of Virginia, Citizen's Telephone Cooperative, Highland Telephone Cooperative, MGW Telephone Company, New Castle Telephone Company, New Hope Telephone Cooperative, NTELOS Telephone Inc., Pembroke Telephone Cooperative, Peoples Mutual Telephone Company, Roanoke and Botetourt Telephone Company, Scott County Telephone Cooperative, Virginia Telephone Company, Shenandoah Telephone Company, Verizon Virginia Inc., Verizon South Inc., Central Telephone Company of Virginia, and United Telephone Southeast LLC (collectively "Utility Pole Owners").

We will direct the Clerk of the Commission to provide the Utility Pole Owners with copies of the Order Establishing Proceeding and Scheduling Hearing ("Scheduling Order"). Because the Commission has been asked to solicit information from any other interested persons or entities regarding pole attachment agreements, we will also require each of the Utility Pole Owners to provide a copy of this Scheduling Order to each entity that is a party to a pole attachment agreement with that Utility Pole Owner.

We further direct the Commission Staff ("Staff"), including the Divisions of Energy Regulation and Communications, to identify other persons or entities that potentially may have an interest in this proceeding and to provide them with copies of this Scheduling Order by electronic transmission or, when electronic transmission is not possible, by first class mail.

We will provide the Utility Pole Owners and any other interested person or entity an opportunity to provide written and/or oral comments on the issues under consideration in this proceeding as listed in the January 31 Letter.  Specifically, we seek comments addressing the following questions:

1. Is it appropriate for the Commission to use the FCC methodology for establishing electric utility and cooperative charges for pole attachments by telephone, cable television and broadband providers?  What revisions, if any, to the FCC's methodology are necessary to produce appropriate charges for pole attachments?

2. Are there other more appropriate methodologies for determining appropriate charges for pole attachments by telephone, cable television and broadband providers? What are the required elements of any such formulae?

3. What are the necessary elements or terms of a model pole attachment agreement including any necessary restrictions or conditions concerning overlashing, pole replacements, safety and reliability?

4. Is there a need for penalties for unauthorized or inappropriate pole attachments? If so, what are the appropriate bases for any such penalties?

5. What framework should be applied for parties negotiating pole attachment agreements?

6. How should disputes related to the development or administration of pole attachment agreements be resolved?

7. Does the Commission have the necessary authority to establish rates charged by electric utilities and cooperatives for pole attachments by telephone, cable television and broadband providers?

8. What constitutes just and reasonable compensation for pole attachments?

9. Is proportionate sharing of the full costs of erecting, owning, operating and maintaining the entire pole including right of way maintenance by all users of a pole appropriate?

10. Are there safety and electric system reliability issues associated with pole attachments by non-electric utility service providers, including, without limitation, compliance with the National Electric Safety Code, Virginia Department of Transportation road crossing clearance requirements and other relevant safety codes and requirements, technical specifications, guying requirements and electric service interruption?

11. Is there a need for the establishment of pole attachment related planning, installation, operating or maintenance procedures for non-utility service providers and, if so, what are the required procedures?

12. Is there appropriate and effective Commission jurisdiction over all joint users of utility poles?

13. Does: a) the need for rural broadband deployment in the Commonwealth; b) the economic interests of governments and businesses; c) the interests of existing and potential cable, telephone and broadband customers; d) the interests of utility customers and owners of poles; e) the safety of utility infrastructure and workers on utility poles; or, f) efficiency in use of public and utility rights of way require a particular methodology for establishing pole attachment rates and procedures?

Further, the January 31 Letter requested the Commission analyze pole attachment rates and aggregate pole attachment revenues. Accordingly, we will direct that the Utility Pole Owners file the following information, where available, with the Commission's Divisions of Energy Regulation and Communications as soon as possible but no later than May 27, 2011:

1. The rates charged each non-electric service provider for pole attachments.

2. The basis used to determine any such rates.

3. Aggregate pole attachment revenues received during the last three calendar years.

4. An estimate of the contribution of aggregate pole attachment revenue to the electric utility's return on equity or cooperative's tier.

5. An estimate of the contribution of pole attachment revenue to the electric cooperative's tier assuming that pole attachment charges were determined by use of the FCC methodology.

6. An estimate of the contribution of pole attachment revenue to the electric cooperative's tier, assuming that pole attachment charges were determined by a proportionate sharing of the full costs of erecting, owning, operating and maintaining the entire pole including rights of way maintenance, by all users of a pole.

Finally, we will direct that a public hearing be set to receive comments regarding the issues under consideration in this proceeding.

Accordingly, IT IS ORDERED THAT:

(1) This case is docketed and assigned Case No. PUE-2011-00033.

(2) The Clerk of the Commission hereby is directed to provide a copy of this Scheduling Order to the above-named Utility Pole Owners subject to the Commission's jurisdiction.

(3) Within five (5) business days of the filing of this Scheduling Order with the Clerk of the Commission, the Staff shall transmit electronically or by first class mail copies of this Scheduling Order to those persons and entities, other than Utility Pole Owners, identified by the Staff as potentially having an interest in this proceeding. The Staff shall file with the Clerk of the Commission a certificate of transmission or mailing and include a list of names and addresses of the persons and entities to whom the Scheduling Order was transmitted or mailed.

(4) On or before May 10, 2011, all Utility Pole Owners shall provide a copy of this Scheduling Order to any entity that is a party to a pole attachment agreement with such respondent.

(5) On or before May 27, 2011, all Utility Pole Owners shall provide proof of the provision of this Scheduling Order to parties to pole attachment agreements, as required in Ordering Paragraph (4).

(6) On or before June 15, 2011, interested persons or entities may file comments with Joel H. Peck, Clerk, State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218. Comments shall refer to Case No. PUE-2011-00033 and address the specific questions and issues raised in this Scheduling Order. Those desiring to submit comments electronically may do so by following the instructions available at the Commission's website: www.scc.virginia.gov/case.

(7) On or before June 15, 2011, all Utility Pole Owners shall file with the Commission's Division of Energy Regulation the six (6) pieces of information identified herein concerning pole attachment rates, revenue, and revenue contribution estimates, where such information is available.

(8) A public hearing shall be convened on July 13, 2011, at 10:00 a.m. in the Commission's Courtroom, Second Floor, Tyler Building, 1300 East Main Street, Richmond, Virginia 23219, to receive comments regarding the issues under consideration in this proceeding.

(9) This matter is continued.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to all entities as noted herein and to C. Meade Browder, Jr., Esquire, Senior Assistant Attorney General, Office of the Attorney General, 900 East Main Street, Second Floor, Richmond, Virginia 23219. A copy shall be delivered to the Commission's Office of General Counsel and Divisions of Economics and Finance, Energy Regulation, and Communications.

________________________

1 A copy of the January 31 Letter is attached hereto.

BOARD OF COUNSELING

Notice of Periodic Review of Regulations Request for Comment

The Virginia Board of Counseling is conducting a periodic review of its current regulations governing licensed professional counselors, marriage and family therapists, and licensed substance abuse professionals and is requesting comment on the following current regulations:

18VAC115-20, Regulations Governing the Practice of Professional Counseling

18VAC115-50, Regulations Governing the Practice of Marriage and Family Therapy

18VAC115-60, Regulations Governing the Licensure of Substance Abuse Treatment Practitioners

The board will consider whether the existing regulations are essential to protect the health, safety, and welfare of the public in providing assurance that licensed practitioners are competent to practice. Alternatives to the current regulations or suggestions for clarification of the regulation will also be received and considered.

Comment period begins on May 9, 2011, and ends on June 8, 2011.

If any member of the public would like to comment on these regulations, please send comments by the close of the comment period to: Elaine J. Yeatts, Senior Policy Analyst, Department of Health Professions, 9960 Mayland Drive, Suite 300,                 Richmond, VA 23233. Comments may also be emailed to elaine.yeatts@dhp.virginia.gov or faxed to (804) 527-4434.

Regulations may be viewed online at www.dhp.virginia.gov or copies will be sent upon request.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Consent Order for Petroleum Marketers, Inc.

An enforcement action has been proposed for Petroleum Marketers, Inc. (PMI) for a violation in Bedford County, Virginia. A PMI owned and operated tanker truck laden with oil ran off the road and down an embankment on October 14, 2010. An unpermitted discharge of oil to state waters resulted from the vehicular accident. The Special Order by Consent will address and resolve the violations of environmental law and regulations. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Jerry Ford, Jr. will accept comments by email at jerry.ford@deq.virginia.gov, or postal mail at Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, from May 10, 2011, to June 8, 2011.

Restore Water Quality in the Clinch River

Announcement of an effort to restore water quality in the Clinch River including Plum Creek, Middle Creek and Coal Creek in Tazewell County, Virginia.

Public meeting location: Cedar Bluff Town Hall, 115 Central Avenue, Cedar Bluff, Virginia, on May 12, 2011, from 6:30 p.m. to 8:30 p.m. The Steering Committee will meet at 3:30 p.m.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ), the Virginia Department of Mines, Minerals and Energy and the Virginia Department of Conservation and Recreation are announcing the final study report to restore water quality, a public comment opportunity, and public meeting.

Meeting description: Final public meeting on a study to restore water quality and first meeting to develop an implementation plan.

Description of study: DEQ has been working to identify sources of pollutants affecting the aquatic organisms and sources of bacteria contamination in the waters of the Clinch River including Plum Creek, Middle Creek, and Coal Creek in Tazewell County, Virginia. The Clinch River is impaired for failure to meet the recreational use because of fecal coliform bacteria violations, as well as violation of the E. coli standard from the Lincolnshire Branch confluence downstream to the Pounding Mill Branch confluence and from the Dry Branch confluence downstream to the Mill Creek confluence. Plum Creek, Middle Creek, and Coal Creek are also impaired for failure to meet the recreational use because of bacteria violations. Coal Creek is impaired for failure to meet the aquatic life use based on violations of the general standard for aquatic organisms as well.

During the study, the pollutants impairing the aquatic community have been identified and total maximum daily loads, or TMDLs, developed for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. DEQ also determined the sources of bacteria contamination and developed a TMDL for bacteria. To restore water quality, contamination levels must be reduced to the TMDL amount.

How a decision is made: The development of a TMDL includes public meetings and a public comment period once the study report is drafted. After public comments have been considered and addressed, DEQ will submit the TMDL report to the U.S. Environmental Protection Agency for approval.

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, May 12, 2011, to June 12, 2011. DEQ also accepts written and oral comments at the public meeting announced in this notice.

To review fact sheets: Fact sheets are available on the impaired waters from the contacts below or on the DEQ website at www.deq.virginia.gov/tmdl.

Contact for additional information: Allen J. Newman, P.E., Water Permit Manager, Department of Environmental Quality, Southwest Regional Office, 355 Deadmore Street, P.O. Box 1688, Abingdon, VA 24212-1688, telephone (276) 676-4845, FAX (276) 676-4899, or email martha.chapman@deq.virginia.gov.

Total Maximum Daily Load Studies in Southampton, Sussex, and Greensville Counties

The Virginia Department of Environmental Quality (DEQ) will host a public meeting on water quality studies for several water bodies that are impaired due to not meeting dissolved oxygen water quality standards.

The meeting will be held on Thursday, May 19, 2011, and will start at 6:30 p.m. at the Capron Elementary School located at 18414 Southampton Parkway, Capron. The purpose of the meeting is to provide information and discuss the studies with interested local community members and local government.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop total maximum daily loads (TMDLs) for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report and subsequent water quality assessment reports.

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

The waters listed below were identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the recreation use. The impairments are based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for E.coli.

Flat Swamp

VAT-K13R_FTS01A04

Three Creek - Lower

VAT-K27R_TRE02A00

Three Creek - Upper

VAT-K27R_TRE01A00

Mill Swamp

VAT-K28R_MSP01A06 

Darden Mill Run

VAT-K30R_DMR01A02 

Tarrara Creek

VAT-K13R_TRR01A00

Several impaired segments were also identified in the Assessment Report as needing an assessment to determine if natural conditions are the cause of the low DO and pH values. If it is determined that anthropogenic causes contribute to the impairments, a TMDL will be developed for each waterbody listed below:

Flat Swamp

VAT-K13R_FTS01A04     DO

Mill Swamp

VAT-K28R_MSP01A06    DO

Darden Mill Run

VAT-K30R_DMR01A02  DO and pH

The public comment period on materials presented at this meeting will extend from May 20, 2011, to June 20, 2011. For additional information or to submit comments, contact Jennifer Howell, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone (757) 518-2111, or email jennifer.howell@deq.virginia.gov.

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

Uniform Environmental Covenants Act Regulation - Public Meeting and Public Comment Opportunity

Purpose of Notice: The Department of Environmental Quality has scheduled a public meeting and informal public comment period to receive comment on the draft Uniform Environmental Covenants Act (UECA) Regulation, 9VAC15-80.

Date and Location of Public Meeting: May 2, 2011, at 1 p.m., Department of Environmental Quality, 629 East Main Street, 2nd Floor Conference Room, Richmond, VA 23219.

Dates of Informal Public Comment Period: April 15, 2011, to May 20, 2011. Written comments may be submitted until 11:59 p.m. on May 20, 2011, to the staff contact listed below.

Background: The Department of Environmental Quality is in the process of adopting a regulation to implement the Virginia Uniform Environmental Covenants Act (UECA). During the 2010 legislative session, the Virginia General Assembly passed SB 686 (Chapter 691 of the 2010 Acts of Assembly), which directs the department to implement, by regulation or other measures, the Uniform Environmental Covenants Act (UECA). According to the National Conference of Commissioners on Uniform State Law (NCCUSL), an environmental covenant is generally a servitude arising under an environmental response project that imposes activity and use limitations on future use of a contaminated real property. NCCUSL asserts that environmental covenants ensure public notice of these limitations, enhance enforcement of the limitations, and facilitate return of the sites to productive use.

According to Virginia's UECA statute, the actions of the Department of Environmental Quality relating to the adoption of regulations necessary to implement the provisions of this act are exempt from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). However, the department is required to provide an opportunity for public comment on any such regulations prior to their adoption. The public meeting and informal public comment period announced herein are designed to provide this opportunity.

In June 2010, the department issued a Notice of Opportunity to Express Interest in Implementation of Uniform Environmental Covenants Act (UECA). Based on responses to this notice, the department established a list of interested persons who could be asked to review the subject legislation and draft regulation and provide input to the department on how parties may utilize an environmental covenant, provisions of a model covenant template, fees, and other UECA issues. In addition to publication of this notice in the Regulatory Town Hall, persons who responded to the June 2010 notice are also receiving individual copies of the notice and draft UECA regulation by electronic mail.

The department has been working to develop the draft UECA regulation since the summer of 2010. Department staff has consulted with parties who participated in the 2010 Virginia legislative process, staff of the Environmental Protection Agency (EPA) Region III, officials in other states who have already implemented UECA, staff and commissioners at NCCUSL (including the chief author of the model UECA statute), attorneys with the Department of Defense, and the Virginia Office of the Attorney General.

The results of the department's work and consultations appear in the draft UECA regulation, which includes a draft Virginia UECA template. The draft UECA regulation and this notice are posted on the department's website at www.deq.virginia.gov.

Public Comment: Prior to final action on the regulation, the Director of the Department of Environmental Quality will receive and consider staff's summary and response to comments that are submitted by members of the public on the draft UECA regulation. Although members of the public are welcome to submit comments at the public meeting on May 2, staff envisions the May 2 meeting as an opportunity to present and explain the draft regulation to meeting attendees, to answer questions, and to facilitate discussion of the draft proposal. Meeting attendees are encouraged to reiterate any oral comments they make at the public meeting in a written submission. Written comments are welcome from any member of the public during the informal public comment period until its close on May 20, 2011.

Final Decision: The director's final decision on the adoption of the regulation will occur at some time after the close of the informal public comment period, and the decision, along with the final regulation, will be published in the Virginia Register of Regulations and posted on the department's website.

Contact Information: Carol C. Wampler, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4579, FAX (804) 698-4346, or email carol.wampler@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 April 13, 2011, and April 20, 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 Twenty-Nine (11)

Virginia Lottery's "Cruise for Cash Sweepstakes" Final Rules for Game Operation (effective April 12, 2011)

Director's Order Number Thirty (11)

Virginia's Instant Game Lottery 1239; "Fast $50S" Final Rules for Game Operation (effective April 12, 2011)

Director's Order Number Thirty-One (11)

Virginia's Instant Game Lottery 1258; "Solid Gold" Final Rules for Game Operation (effective April 20, 2011)

Director's Order Number Thirty-Two (11)

Virginia Lottery's "Virginia's Riches Sweepstakes" Final Rules for Game Operation (effective April 12, 2011)

Director's Order Number Thirty-Three (11)

Virginia Lottery's "Nascar®" Sweepstakes" Final Rules for Game Operation (effective April 12, 2011)

Director's Order Number Thirty-Four (11)

Virginia's Instant Game Lottery 1248; "Casino Cash" Final Rules for Game Operation (effective April 20, 2011)

Director's Order Number Thirty-Five (11)

Virginia's Instant Game Lottery 1250; "Instant Cash Monopoly" Final Rules for Game Operation (effective April 20, 2011)

Director's Order Number Thirty-Six (11)

Virginia's Instant Game Lottery 1259; "Summer Bucks" Final Rules for Game Operation (effective April 20, 2011)

DEPARTMENT OF MINES, MINERALS AND ENERGY

Notice of Periodic Reviews

Pursuant to § 2.2-4017 of the Code of Virginia and Executive Order 14 (2010), the Virginia Department of Mines, Minerals and Energy (DMME) is conducting a periodic review and invites public comment on the following regulations:

4VAC25-60, Rules and Regulations Governing the Installation and Use of Automated Temporary Roof Support Systems

4VAC25-70, Rules and Regulations Governing Disruption of Communications in Mines

4VAC25-90, Rules and Regulations Governing the Use of Diesel Powered Equipment in Underground Coal Mines

4VAC25-101, Regulation Governing Vertical Ventilation Holes and Mining Near Gas and Oil Wells

4VAC25-110, Rules and Regulations Governing Blasting in Surface Mining Operations

4VAC25-120, Rules and Regulations Governing Installation and Use of Cabs and Canopies

4VAC25-145, Regulations on the Eligibility of Certain Mining Operators to Perform Reclamation Projects

DMME will consider whether these existing regulations are essential to protect the health, safety, and welfare of the public. DMME will also consider the effect of these regulations on small business. DMME welcomes specific comments on the performance and effectiveness of these regulations and also requests suggestions to improve the content and organization of the regulations to make them more understandable and useful.

The comment period for this review begins on May 9, 2011, and ends at 5 p.m. on May 31, 2011. Comments may be submitted to Michael Skiffington, Regulatory Coordinator, Department of Mines, Minerals and Energy, Division of Administration, 1100 Bank Street, 8th Floor, Richmond, VA 23219, or email michael.skiffington@dmme.virginia.gov. Regulations may be viewed online at the Virginia Regulatory Town Hall site located at http://www.townhall.virginia.gov, or copies will be sent upon request.

STATE WATER CONTROL BOARD

Proposed Consent Order for the Town of Crewe, Virginia

Purpose of notice: To seek public comment on a proposed consent order to be issued by the State Water Control Board to the Town of Crewe, Virginia.

Public comment period: May 9, 2011, to June 8, 2011

Consent order description: The State Water Control Board proposes to issue a consent order to the Town of Crewe to address violations of the State Water Control Law. The consent order requires the payment of a civil charge and the performance of certain corrective action to address the aforementioned violations.

How to comment: The Department of Environmental Quality (DEQ) accepts comments from the public by email, fax, or postal mail. All comments must be received by DEQ within the comment period. The public may review the proposed consent order at the office named below or on DEQ's website at www.deq.virginia.gov.

Contact for public comments, document requests and additional information: Kathleen F. O'Connell, Department of Environmental Quality, 629 East Main Street, Richmond, VA 23223, telephone (804) 698-4273, FAX (804) 698-4277, or email kathleen.oconnell@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.

VIRGINIA GAS AND OIL BOARD

Regulatory Advisory Committee for Regulations Governing the Use of Arbitration to Resolve Coalbed Methane Gas Ownership Disputes

The Virginia Gas and Oil Board (board) published an Emergency regulation and a Notice of Intended Regulatory Action (NOIRA) concerning the use of arbitration to resolve coalbed methane gas ownership disputes (4VAC25-165) in the Virginia Register on January 17, 2011 (Volume 27, Issue 10). In the background document supporting the regulation, the board indicated its willingness to form a regulatory advisory committee to assist in drafting the permanent replacement regulation. During the comment period for the concurrently filed permanent NOIRA, the board received no offers to participate on the committee. Therefore, the board will proceed in drafting the permanent replacement regulation without the use of an advisory committee.

Contact Information: Michael Skiffington, Regulatory Coordinator, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219-3402, telephone (804) 692-3212, FAX (804) 692-3237, TDD (800) 828-1120, or email mike.skiffington@dmme.virginia.gov.

ERRATA

SAFETY AND HEALTH CODES BOARD

Title of Regulation: 16VAC25-73. Tree Trimming Operations (adding 16VAC25-73-10 through 16VAC25-73-150).

Publication: 27:15 VA.R. 1934-1964 March 28, 2011.

Correction to Final Regulation:

Page 1940, 16VAC25-73-40 D 5, strike 16VAC25-90-134 and insert 16VAC25-90-1910.134

Page 1943, 16VAC25-73-60 A 9, line 5, after maintenance, strike or inspection

VA.R. Doc. No. R08-1044; Filed April 20, 2011, 4:18 p.m.