GENERAL NOTICES/ERRATA
Vol. 27 Iss. 20 - June 06, 2011

GENERAL NOTICES/ERRATA

AIR POLLUTION CONTROL BOARD

Notice of Periodic Review

The Department of Environmental Quality will conduct a periodic review of certain portions of 9VAC5-40, Existing Stationary Sources. The purpose of the review is to determine whether the regulations should be terminated, amended, or retained in their current form. The review of the regulations will be guided by the principles listed in Executive Order Number Fourteen (2010) and § 2.2-4007.1 of the Code of Virginia. The department and the board are seeking public comments on the review of any issue relating to the regulations including whether (i) the regulations are effective in achieving their goals; (ii) the regulations are essential to protect the health, safety, or welfare of citizens or for the economical performance of important governmental functions; (iii) there are available alternatives for achieving the purpose of the regulations; (iv) there are less burdensome and less intrusive alternatives for achieving the purpose of the regulations; and (v) the regulations are clearly written and easily understandable by the affected persons. In addition, the department and the board are seeking public comments on ways to minimize the economic impact on small businesses in a manner consistent with the purpose of the regulations.

The specific portions of the regulation being reviewed are as follows:

Part II, Emission Standards

Article 5, Synthesized Pharmaceutical Products Manufacturing Operations
Article 6, Rubber Tire Manufacturing Operations
Article 7, Incinerators
Article 9, Coke Ovens
Article 10, Asphalt Concrete Plants
Article 11, Petroleum Refinery Operations
Article 12, Chemical Fertilizer Manufacturing Operations
Article 13, Kraft Pulp Mills
Article 14, Sand-Gravel Processing; Stone Quarrying and Processing
Article 16, Portland Cement Plants
Article 17, Woodworking Operations
Article 18, Primary and Secondary Metal Operations
Article 19, Lightweight Aggregate Process Operations
Article 20, Feed Manufacturing Operations
Article 21, Sulfuric Acid Production Units
Article 22, Sulfur Recovery Operations
Article 23, Nitric Acid Production Units
Article 24, Solvent Metal Cleaning Operations
Article 25, Volatile Organic Compound Storage and Transfer Operations
Article 26, Large Appliance Coating Application Systems
Article 27, Magnet Wire Coating Application Systems
Article 29, Can Coating Application Systems
Article 30, Metal Coil Coating Application Systems
Article 31, Paper and Fabric Coating Application Systems
Article 32, Vinyl Coating Application Systems
Article 33, Metal Furniture Coating Application Systems
Article 34, Miscellaneous Metal Parts and Products Coating Application Systems
Article 35, Flatwood Paneling Coating Application Systems
Article 36, Graphic Arts Printing Processes
Article 37, Petroleum Liquid Storage and Transfer Operations
Article 39, Asphalt Paving Operations

The regulations may be viewed on the DEQ air regulation webpage: http://www.deq.state.va.us/
air/regulations/airregs.html
.

The purpose of the regulations is to control emissions from specific types of existing stationary sources to protect human health and the environment. Section 10.1-1308 of the Code of Virginia requires that these regulations be promulgated. These regulations are designed to protect public health and welfare with the least possible costs and intrusiveness to the citizens and businesses of the Commonwealth and to provide the necessary procedures and rules by which the statute may be administered.

Comments on the above regulations will be accepted until June 28, 2011. Comments should be sent to Karen G. Sabasteanski, Policy Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218 (deliveries can be made to 629 East Main Street, Richmond, VA 23219), telephone (804) 698-4426, FAX (804) 698-4510, email karen.sabasteanski@deq.virginia.gov. Please include your full name and mailing address when providing public comment.

Public Comment Period - Proposed State Implementation Plan Revision

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 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 regulations of the board affected by this action are as follows: 9VAC5-20-21, Documents Incorporated by Reference, and 9VAC5-30, Ambient Air Quality Standards (Revision H10).

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: June 6, 2011, to July 7, 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 in this notice 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 the ambient air quality standard for sulfur oxides. The major provisions of the proposal are: (i) Appendix A-1 to 40 CFR Part 50 has been added to the federal documents incorporated by reference list; (ii) Appendix A to 40 CFR Part 50 has been renamed as Appendix A-2 in the federal documents incorporated by reference list; (iii) Appendix T to 40 CFR Part 50 has been added to the federal documents incorporated by reference list; (iv) a new ambient air quality standard for SO2 has been added to 9VAC5-30-30 A; (v) provision has been made for the existing primary standards to no longer apply to an area in 9VAC5-30-30 A; (vi) use of the reference methods in Appendices A-1 and A-2 to 40 CFR Part 50 has been specified in 9VAC5-30-30 C; and (vii) data requirements for demonstrating attainment of the new standard have been added as 9VAC5-30-30 D.

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 listed. 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, Roanoke Location, 3019 Peters Creek Road, Roanoke, VA, telephone (540) 562-6700,

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

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

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

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

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

Contact Information: Gary E. Graham, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4103, or FAX (804) 698-4510, or email gary.graham@deq.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Consent Order for Baltimore Tank Lines, Inc.

An enforcement action has been proposed for Baltimore Tank Lines, Inc. for alleged violations in Fairfax County. The action seeks to resolve the unauthorized discharge of oil to state waters. The consent order describes a settlement to resolve these violations. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov.

Daniel Burstein will accept comments by email at daniel.burstein@deq.virginia.gov, FAX at (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from June 7, 2011, through July 7, 2011.

Public Meeting Regarding Application for Multiple No Discharge Zones

Public meeting: Tuesday, June 14, 2011, 6 p.m., in the A.T. Johnson Alumni Museum Auditorium located at 18849 Kings Highway, Montross, VA 22520.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) is announcing its intent to apply to the U.S. Environmental Protection Agency (EPA) for multiple federal No Discharge Zones (NDZs) and is seeking public comment on the draft application.

Meeting description: To provide a summary of a draft application for designation of selected waterbodies within Westmoreland County (Bonum, Jackson, and Gardner Creeks; Ragged Point, Lower Machodoc, Glebe, Cabin Point, Nomini, Buckner, Poor Jack, Currioman, Cold Harbor, Popes, and Mattox Creeks; and Monroe Bay, Goldman, and Rosier Creeks) and a portion of one waterbody in King George County (Rosier Creek) as federal NDZs. The NDZ designation would prohibit the overboard discharge of treated sewage effluent from marine sanitation devices in these waterways.

Description of study: House Bill 1774 resolves that all tidal creeks in Virginia be designated federal No Discharge Zones and directs DEQ to pursue this designation. It is currently illegal to discharge raw sewage in U.S. territorial waters. In a NDZ, this ban is expanded to include sewage treated by on-board marine sanitation devices. A NDZ is determined by EPA upon application from the states and is contingent on the states' demonstrating (i) the need for enhanced protection of water quality, (ii) the availability of sufficient local alternatives to overboard discharge (i.e., pump-outs), and (iii) local stakeholder support. DEQ is seeking this designation as one component of a "pollution diet" for small tidal Chesapeake Bay tributaries, which are frequently impaired for shellfish harvest due to elevated levels of fecal bacteria. The Northern Neck Planning District Commission has conducted an analysis of boat traffic and pump-out availability for the waterbodies proposed for NDZs in Westmoreland County (and a portion of one waterbody in King George County), and DEQ has concluded that existing pump-out facilities are adequate to service estimated peak demand. A draft application to EPA for NDZ designation has been prepared and will be available for public review and comment on the DEQ website http://www.deq.virginia.gov/tmdl/ndz.html the day of or the day after the public meeting. Presentations provided at the meeting will also be available on the website.

How to comment: DEQ will accept written comments beginning Wednesday, June 15, 2011, 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 expire on Friday, July 15, 2011.

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

STATE BOARD OF SOCIAL SERVICES

Notice of Periodic Review

Pursuant to Executive Order Number 14 (2010), the Department of Social Services is currently reviewing 22VAC40-41, Neighborhood Assistance Tax Credit Program, to determine if it should be terminated, amended, or retained in its current form. The Neighborhood Assistance Program is a state tax credit program that provides tax credit to businesses and individuals who make donations to approved organizations whose primary function is providing assistance to impoverished individuals and families.

The review will be guided by the principles listed in Executive Order Number 14 (2010) and in the department's plan for review of existing agency regulations.

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

Written comments may be submitted until June 27, 2011, to J. Mark Grigsby, Director, Office of Community Services, Department of Social Services, 801 East Main Street, Richmond, VA 23219, (804) 726-7922, FAX (804) 726-7946, or email james.grigsby@dss.virginia.gov.

Notice of Periodic Review

Pursuant to Executive Order Number 14 (2010), the Department of Social Services is currently reviewing 22VAC40-293, Locality Groupings, to determine if it should be terminated, amended, or retained in its current form. This regulation provides rules for local departments of social services seeking to change locality groupings, including the data to be provided, the requirement that funds be available as determined by the commissioner, and the ability to change data sources upon agreement of the board.

The review will be guided by the principles listed in Executive Order Number 14 (2010) and in the department's plan for review of existing agency regulations.

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

Written comments may be submitted until June 27, 2011, to Christine Raines, Economic Assistance and Employment Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, (804) 726-7387, FAX (804) 726-7357, or email christine.raines@dss.virginia.gov.

Notice of Periodic Review

Pursuant to Executive Order Number 14 (2010), the Department of Social Services is currently reviewing 22VAC40-890, Human Subject Research Regulations, to determine if it should be terminated, amended, or retained in its current form. This regulation provides the basis on which the Virginia Department of Social Services (VDSS), local departments of social services, facilities licensed by the VDSS, and contractors to these entities may authorize, conduct, or propose to conduct or authorize any human research.

The review will be guided by the principles listed in Executive Order Number 14 (2010) and in the department's Plan for Review of Existing Agency Regulations.

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

Written comments may be submitted until June 27, 2011, to Todd W. Areson, Administrator, Institutional Review Board, Department of Social Services, 801 East Main Street, Richmond, VA 23219, (804) 726-7490, FAX (804) 726-7946, or email todd.areson@dss.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Special Order for Judy M. McGee and Martin E. McGee

An enforcement action has been proposed for Judy M. McGee and Martin E. McGee for violations of the underground storage tank regulations at the former GUNZ Grocery and Deli in Cedar Bluff, Virginia. A proposed special order by consent describes a settlement for failure to properly investigate, abate, or remediate a potential petroleum release. A description of the proposed action is available at the Department of Environmental Quality 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 June 6, 2011, through July 6, 2011. The office is located at 355 Deadmore Street, Abingdon, Virginia.

VIRGINIA CODE COMMISSION

Recodifying Titles of the Code of Virginia -- Public Input Requested

The Virginia Code Commission is responsible for publishing and maintaining the Code of Virginia, which contains the general and permanent statutes of the Commonwealth. In addition, it is the commission's duty to revise or recodify individual titles of the Code of Virginia as determined by the commission.

The Virginia Code Commission seeks input from law practitioners and other interested parties concerning which titles of the Code of Virginia the commission should consider placing on its future work plan for the purpose of recodification or revision. The main purposes of a title recodification are to improve the organization of the title and modernize the language. To the extent practical, the commission avoids making substantive changes to the statutory text. In the event a substantive change is made, the change is highlighted and explained in the final report.

The commission currently is completing its work on Title 64.1, Wills and Decedents' Estates, assisted by an advisory panel of practitioners experienced in this area. For a list of other recent title revisions and to view the final reports, go to the commission's website: http://codecommission.dls.virginia.gov/titlerevisions.htm.

Send recommendations to Jane Chaffin at jchaffin@dls.virginia.gov or 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219, by July 1, 2011.

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.