GENERAL NOTICES/ERRATA
Vol. 27 Iss. 23 - July 18, 2011

GENERAL NOTICES/ERRATA

AIR POLLUTION CONTROL BOARD

Public Comment Period - State Implementation Plan Revision - Air Quality Plan, Permits for Major Stationary Sources

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 regulations of the board affected by this action are as follows: 9VAC5-10-30 of 9VAC5-10 (General Definitions); and Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas (Article 8) and Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region (Article 9) of 9VAC5-80 (Permits for Stationary Sources).

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: July 18, 2011, to August 17, 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: In essence, the proposed revision will consist of amendments to existing regulation provisions concerning permits for major stationary sources. The major provisions of the proposal are summarized as follows: On May 16, 2008 (73 FR 28321), EPA promulgated a final rule revising the new source review (NSR) permitting program for prevention of significant deterioration (PSD) and nonattainment areas. The new rule includes the major source threshold, significant emissions rate, and offset ratios for particulate matter less than 2.5 micrometers (PM2.5), interpollutant trading for offsets, and applicability of NSR to PM2.5 precursors. On October 20, 2010 (75 FR 64864), EPA promulgated a final rule revising the federal NSR permitting program for PSD. The new rule amends the requirements for PM2.5 under the PSD program by adding maximum allowable increases in ambient pollutant concentrations (increments) and two screening tools, known as the significant impact levels (SILs) and a significant monitoring concentration (SMC) for PM2.5. In Virginia, where the state is administering the NSR program under an approved SIP, the state may adopt and submit revisions to the SIP to reflect the rule revisions. The revised SIP should be the same as or equivalent to the revised federal 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, 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: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Consent Order for Fluvanna County School Board

An enforcement action has been proposed for the Fluvanna County School Board for violations in Fluvanna County. A proposed consent order describes a settlement to resolve effluent limitation violations from the Fluvanna County High School sewage treatment plant. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Steven W. Hetrick will accept comments by email steven.hetrick@deq.virginia.gov, FAX (540) 574-7878, or postal mail Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 22801, from July 18, 2011, to August 17, 2011.

Proposed Consent Order for Route 240, LLC

An enforcement action has been proposed for the Route 240, LLC for violations in Albemarle County. A proposed consent order describes a settlement to resolve an unpermitted discharge violation from the Starr Hill Brewery building. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Steven W. Hetrick will accept comments by email steven.hetrick@deq.virginia.gov, FAX (540) 574-7878, or postal mail Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 22801, from July 18, 2011, to August 17, 2011.

Notice of Periodic Review of the Wetlands Policy

The Department of Environmental Quality will conduct a periodic review of the Wetlands Policy, 9VAC25-380-10 et seq. 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 purpose of the regulations is to protect public health and/or welfare with the least possible costs and intrusiveness to the citizens and businesses of the Commonwealth and to establish a policy to preserve wetland ecosystems and protect them from destruction. Section 62.1-44.15 of the Code of Virginia provides the board with the authority to promulgate the regulations. These regulations are designed to provide the necessary procedures and rules by which the statute may be administered. To view the full text of the regulation, go to: http://leg1.state.va.us/000/reg/TOC09025.HTM.HTM#C0380. Comments on the above regulations are welcome and will be accepted until August 8, 2011. Comments should be sent to David L. Davis, Director, Office of Wetlands & Water Protection, at P.O. Box 1105, Richmond, VA 23218 (deliveries can be made to 629 East Main Street, 9th Floor, Richmond, VA 23219), telephone (804) 698-4105, FAX (804) 698-4032, or email dave.davis@deq.virginia.gov. Please include your full name and mailing address when providing public comment.

Water Quality Restoration Study (TMDL) for the Chickahominy River and Tributaries Impaired for Bacteria

Public meeting: Mechanicsville Branch Library, 7461 Sherwood Crossing Place, Mechanicsville, Virginia 23111. Public meetings will be held on Wednesday, August 3, 2011, at 2 p.m. and 6 p.m. Both meetings are open to the public.

Purpose of notice: The Virginia Department of Environmental Quality and study consultant, MapTech Inc, are presenting preliminary data for the initiation of a total maximum daily load (TMDL) study to restore water quality at two public meetings, an opportunity for the public to share their knowledge of the watershed, and a public comment period following the meetings.

Meeting description: Public meetings on a study to restore water quality along the Chickahominy River and tributaries in Hanover, Henrico and Charles City Counties. Meeting will feature information gathered for the watershed including land use, water quality monitoring, and suspected sources of bacteria. Those attending the meeting are invited to ask questions and to contribute their knowledge of the watershed.

Description of study: Virginia agencies have been working to identify sources of the bacterial contamination in the waters of the Chickahominy River and its tributaries in the following impaired waterways:

Stream

County/City

Length (mi.)

Impairment

Stony Run

Hanover

0.21

Bacteria

(Primary Contact/Swimming Use)

Beaverdam Creek

Hanover

6.69

Chickahominy River

Henrico, Hanover

7.54

Boatswain Creek

Hanover

3.76

Collins Run

Charles City County

4.50

These streams are impaired for failure to meet the primary contact (recreational or swimming) designated use because of bacteria standard violations. The study reports on the sources of bacterial contamination and recommends 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, bacterial levels need to be reduced to the TMDL amount.

How a decision is made: The development of a TMDL includes two sets of public meetings and comment periods; one to initiate the study and another to present the final draft TMDL report. This meeting is the first for the Chickahominy River and tributaries project. After the final public meeting and all public comments have been considered and addressed, DEQ will submit the TMDL report to the U.S. Environmental Protection Agency and the State Water Control Board 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, which will begin on August 4, 2011, and end on September 2, 2011.

Contact for additional information: Margaret Smigo, TMDL Coordinator, Virginia 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. DEQ TMDL website: www.deq.virginia.gov/tmdl.

Restore Water Quality in Bull Creek, Levisa Fork, North and South Fork Pound River, and Powell River

Announcement of an effort to restore water quality in Bull Creek, Buchanan County; Levisa Fork, Buchanan County; North and South Fork Pound River, Wise County; and Powell River, Lee and Wise Counties, Virginia.

Public meeting location: Virginia Department of Environmental Quality, Southwest Regional Office, 355 Deadmore Street, Abingdon, Virginia, on July 26, 2011, from 6 p.m. to 8 p.m.

Purpose of notice: To seek public comment and announce a public meeting on phased revisions and monitoring plans for water quality improvement studies by the Virginia Department of Environmental Quality (DEQ) and the Virginia Department of Mines, Minerals and Energy (DMME) for the four coalfield streams.

Meeting description: First public meeting on the phased revisions to the total maximum daily loads (TMDLs) including monitoring plans.

Description of study: DEQ and DMME have been working to identify sources pollutants affecting the aquatic organisms in the waters of Bull Creek, Levisa Fork, North and South Pound River, and the Powell River.  During the development of the studies the pollutants impairing the aquatic community were identified and TMDLs were 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. To restore water quality, contamination levels must be reduced to the TMDL amount. 

How a decision is made: The phased revision 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 revised 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, July 26, 2011, to August 26, 2011. DEQ also accepts written and oral comments at the public meeting announced in this notice.

To review the draft monitoring plan: the draft monitoring plan, the phased TMDL reports, and the presentation from the public meeting are available from the contact below or on the DEQ website at www.deq.virginia.gov/tmdl.

Contact for additional information: Martha Chapman, Regional TMDL Coordinator, Virginia Department of Environmental Quality, Southwest Regional Office, 355 Deadmore Street, P.O. Box 1688, Abingdon, VA 24212-1688, telephone (276) 676-4800, FAX (276) 676-4899, or email martha.chapman@deq.virginia.gov.

DEPARTMENT OF LABOR AND INDUSTRY

Notices of Periodic Review

Pursuant to Executive Order 14 (2011) and §§ 2.2-4007.1 and 2.2.-4017 of the Code of Virginia, the Department of Labor and Industry is conducting a periodic review of and invites public comment on 16VAC15-40, Virginia Hours of Work for Minors, and 16VAC15-50, Regulation Governing the Employment of Minors on Farms, in Gardens and in Orchards. 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 in Executive Order 14 (2011) (http://www.governor. virginia.gov/Issues/ExecutiveOrders/2010/EO-14.cfm) and § 2.2-4007.1 (http://leg1.state.va.us/cgi-bin/legp504.exe?000 +cod+2.2-4007.1) of the Code of Virginia, including whether the regulations (i) minimize the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; (ii) are necessary for the protection of public health, safety, and welfare; and (iii) are clearly written and easily understandable.

The comment period begins July 18, 2011, and ends at 5 p.m. on August 8, 2011. Comments may be submitted online to the Virginia Regulatory Town Hall website (www.townhall.virginia.gov). Comments may be mailed to Reba O'Connor, Virginia Department of Labor and Industry, Powers-Taylor Building, 13 South 13th Street, Richmond, VA 23219, or emailed to reba.oconnor@doli.virginia.gov. Commenters should include full name and address.

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.