GENERAL NOTICES/ERRATA
Vol. 28 Iss. 12 - February 13, 2012

GENERAL NOTICES/ERRATA

AIR POLLUTION CONTROL BOARD

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Environmental Quality (DEQ) is conducting a periodic review of a regulation of the State Air Pollution Control Board, specifically, 9VAC5-130, Regulation for Open Burning.

The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. The purpose of this review is to determine whether this regulation should be terminated, amended, or retained in its current form.

The department and the board are seeking public comments on the review of any issue relating to the regulation including whether (i) the regulation is effective in achieving its goals; (ii) the regulation is 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 regulation; (iv) there are less burdensome and less intrusive alternatives for achieving the purpose of the regulation; and (v) the regulation is clearly written and easily understandable by the affected persons. The department and board are also seeking public comments on ways to minimize the economic impact on small businesses in a manner consistent with the purpose of the regulation.

In addition, the department and board seek public input on the following specific issues.

1. Since the open burning regulation was originally promulgated in 1972, methods for addressing open burning have evolved. Although the population has increased and cities and towns have expanded, so too have methods of dealing with certain waste materials; for example, opportunities for composting have increased. Numerous localities have also adopted open burning ordinances that address their local concerns. In addition, areas with recognized pollution problems, such as ozone nonattainment areas, have open burning restrictions that enable the Commonwealth to meet targeted national standards. In the interests of encouraging local control of what is essentially a local issue, should the statewide open burning regulation be limited to VOC/NOX control areas (see 9VAC5-20-206), which correspond to localities with recognized air pollution issues?

2. If a statewide rule is retained: 9VAC5-130-40 A 5 allows open burning in "urban areas" for the on-site destruction of leaves and tree, yard, and garden trimmings located on private property if no regularly scheduled public or private collection service is available. In "non-urban" areas, such open burning is permitted regardless of the availability of collection service. Urban areas are defined generally in 9VAC5-10 (General Definitions), with the specific localities listed in 9VAC5-20-201. This list is based in part on the federal list of urbanized areas. Since population characteristics are not necessarily indicative of an air pollution problem, should the criteria for burning limitations be based on urban areas, or simply whether or not collection service is available? If urban areas continue to be a determining criteria, should the state list be revised to reflect the most current federal list of urbanized areas and clusters? Or perhaps something else?

3. If a statewide rule is retained: The term "on-site" originally was added to limit open burning where the waste material was generated. However, it is believed that there may be air pollution and waste management benefits associated with removal of debris from one site and burning it at another. Should open burning be limited to on-site destruction of waste generated at the site, or should open burning be allowed off-site?

The regulation may be viewed on the DEQ air regulation webpage at http://www.deq.state.va.us/air/regulations/air130.html.

The purpose of the regulation is (i) to limit or, in some instances, prohibit open burning and to establish requirements to restrict emissions of particulates and volatile organic compounds (VOCs) during the peak ozone season to the level necessary for the protection of public health and welfare and (ii) to provide guidance to local governments on the adoption of ordinances to regulate open burning. This regulation is designed to protect the 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.

The comment period begins February 13, 2012, and ends on March 5, 2012.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Mary E. Major, 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) 698-4424, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

STATE CORPORATION COMMISSION

Bureau of Insurance

February 1, 2012

Administrative Letter 2012-01

TO: All Carriers Licensed to Market Credit Life Insurance or Credit Accident and Sickness Insurance in Virginia

RE: Credit Insurance Experience Exhibits

§ 38.2-3730 of the Code of Virginia

In accordance with § 38.2-3730 B of the Code of Virginia, adjustments to the prima facie rates applicable to credit life and credit accident and sickness insurance for the triennium commencing January 1, 2013 will be established and published later this year.

This letter serves as a reminder to all carriers licensed to write either or both of these coverages that the Credit Insurance Experience Exhibit (CIEE) for the 2011 reporting year, from which information will be obtained to properly calculate these rates, must be submitted to the Commission no later than April 1, 2012.

In order to expedite the review process, we are requesting that ALL carriers complete the attached questionnaire. This questionnaire will enable the Bureau of Insurance (the Bureau) to identify carriers who have Virginia experience to report on the CIEE from those who do not have any Virginia experience to report. Carriers who have experience to report must answer all questions and submit the questionnaire and the completed CIEE to the Life and Health Forms and Rates Section of the Bureau. Because of the time constraints under which the rate calculation must be completed, it is imperative that complete and accurate CIEEs are provided to the Bureau on or before April 1, 2012. Please note that carriers with no experience to report are not required to answer questions 1-9 on the questionnaire, however, all carriers must return the questionnaire to the Bureau with the company's name, NAIC # and contact information completed.

New this year is a Company Filing Portal that will allow carriers to submit the questionnaire and, if required, the CIEE electronically. To access the questionnaire and the portal, go to http://www.scc.virginia.gov/boi/co/miscforms.aspx, and scroll down to "Credit Insurance Experience Exhibit". You will also note that there are instructions on the website for submitting the documents through the portal.

Attached to this administrative letter are examples of some of the problems identified with CIEE filings in previous years. In some instances, although information was correct, an explanation was necessary to properly evaluate the information. Carriers are hereby directed to review the attachment to ensure that similar problems do not recur this year. Please note that the CIEE must be filed on a direct basis, i.e. before taking into account reinsurance ceded. Only carriers who have Virginia experience to report are required to complete and submit the CIEE to the Bureau. All carriers must submit the completed questionnaire.

We strongly encourage all carriers to submit the questionnaires and the CIEEs, if required, to the Life and Health Forms and Rates Section via the portal.

Please contact the Bureau with any questions or requests for clarification. Questions or requests for clarification regarding the filing of required documents should be directed to Amanda McCauley, telephone (804) 371-0034, or email amanda.mccauley@scc.virginia.gov.

Questions or requests for clarification regarding the use of the portal should be directed to Trish Todd, telephone (804) 371-9195, or email trish.todd@scc.virginia.gov.

/s/ Jacqueline K. Cunningham
Commissioner of Insurance

The following are examples of problems identified in filings of the Credit Insurance Experience Exhibits (CIEEs) in previous reporting years.  Companies are directed to review the information below to ensure that similar problems do not recur in their 2011 CIEEs. Any of the following situations legitimately applicable to a 2011 CIEE should include an appropriate explanation in the attached questionnaire.

· Wrong state submitted, state not indicated, or Virginia experience not separated. The Bureau received a number of exhibits in which a section was missing, the wrong state or year was submitted, or Virginia experience was not provided separately, i.e. Grand Totals.

· Prima facie premium not listed.  The prima facie premium is needed to evaluate the rates.  Each company should explicitly state the prima facie premium on the appropriate exhibit line, even if it is the same as earned premium.

· Prima facie premiums greater than earned premiums.  While this may not be a problem, our experience is that most companies charge the maximum rate allowed.  This may be indicative of a miscalculation, especially on MOB business.

· Earned premiums greater than prima facie premium.  For MOB business, this may be indicative of a miscalculation. Such premiums violate statutes unless the premium rates have been approved.  If the premium rates have been approved, we ask that reporting carriers provide the Bureau with the approval date(s) to facilitate our analysis.

· Changes in the reserves reported from the end of one reporting year to the beginning of the subsequent reporting year. This can cause previously charged premium and claims to disappear. It can also cause claims without corresponding premium and vice versa. Restatement of opening reserves merely results in delay and unnecessary expense for the Bureau and, in light of the purpose of these CIEEs, companies should ensure that opening reserves (at the beginning of the year) are equal to closing reserves (at the end of the previous year).

· Claim reserve errors. These cause inaccurate incurred claims and may also indicate inadequate reserves for the product line.

· Premium reserve errors. These cause inaccurate premium reserve calculations.

· Assumption reinsurance transactions. If any business is transferred by assumption reinsurance, include a cover letter identifying the companies involved and the reserve amounts impacted by the transaction.

· Company Name Changes or Mergers. If the reporting company has changed its name and/or has been involved in a merger, full details should be provided to enable the Bureau of Insurance to appropriately combine experience for the past three years.

· Calculation of Earned Premium at Prima Facie Rates.  Prima facie premium must be calculated using the prima facie rates approved and published by the Bureau effective January 1, 2010. Approval by the Bureau to charge alternate rates or use alternative rate structures does not constitute a change to the published prima facie rates, and these alternative rates or rates structures should not be used in calculating earned premium at prima facie rates.

Questionnaire

Company Name: ______________________________

NAIC #: ____________

For calendar year 2011, did the company have any earned premiums or incurred claims?

______ Yes  ______ No

If "yes," please complete the entire questionnaire. If "no," please proceed to the last page and complete the contact information only. Responses to questions 1-9 are not required.

1. Are both the earned premiums and earned premiums at prima facie rates stated? 

     _____Yes  _____No

What adjustments, if any, were made to the earned premiums at prima facie rates? Please explain in detail how the adjustments were made. If none were made, please explain why not.

2. Are incurred claims stated without stating earned premiums and earned premiums at prima facie rates?  ____Yes  _____No  If "yes," please explain.

3. Are the beginning of year (BOY) reserves equal to the prior years' stated end of year (EOY) reserves? _____Yes  _____No  If "no," please provide a detailed explanation. (This applies to the premium, IBNR and claim reserves.)

4. Are the BOY reserves positive but no data was reported last year?  _____Yes  ____No  If "yes," please explain.

5. Has the reserve methodology changed since the prior year’s CIEE was filed in Virginia? 

    ____Yes  _____No  If "yes," please explain.

6. Was any business transferred by assumption reinsurance?  _____Yes  _____No  If "yes," identify the companies involved and explain how any values in the CIEE have been impacted by the transaction.

7. Has the Company changed its name or has the Company been involved in a merger since the prior year's CIEE was filed in Virginia?  _____Yes  _____No  If "yes," please provide complete details in order that the Bureau of Insurance can appropriately combine experience for the past three years.

8. Have all totals been verified as correct?  _____Yes  _____No  If "no," please explain.

9. Does the CIEE contain any negative numbers?  _____Yes  _____No   If "yes," please provide a detailed explanation.

Completed by: ___________________________

Title:  __________________________________

Date: ___________________________________

Phone #: ________________________________

Email Address: ___________________________

(Revised 2/1/12)

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Environmental Quality (DEQ) is conducting a periodic review of the Variance for Rocket Motor Test Operations at Atlantic Research Corporation Orange County Facility, 9VAC5-220.

The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia.

The purpose of the review is to determine whether the regulation should be terminated, amended, or retained in its current form. The department and the board are seeking public comments on the review of any issue relating to the regulation including whether (i) the regulation is effective in achieving its goals; (ii) the regulation is 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 regulation; (iv) there are less burdensome and less intrusive alternatives for achieving the purpose of the regulation; and (v) the regulation is clearly written and easily understandable by the affected persons. In addition, the department and the board are seeking public comment on ways to minimize the economic impact on small businesses in a manner consistent with the purpose of the regulation.

The regulation may be viewed on the DEQ air regulation webpage at http://www.deq.state.va.us/air/regulations/air220.html.

The comment period begins February 13, 2012, and ends on March 5, 2012.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Mary E. Major, 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) 698-4424, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

STATE BOARD OF ELECTIONS

Revised Help America Vote Act State Plan - Notice of Public Comment Period

The Virginia State Board of Elections (SBE) is required to develop and adopt a state plan, pursuant to 42 USC § 15404, to receive federal funds under the Help America Vote Act of 2002 (HAVA). The state plan is developed in consultation with a committee of stakeholders in the electoral process and is amended whenever there is a material change to the plan. The Commonwealth's plan was last amended in 2006. SBE has developed proposed revisions to the HAVA state plan in consultation with its HAVA advisory committee.

In accordance with 42 USC § 15406, the SBE will be accepting public comments on the adoption of the revised HAVA state plan from February 1, 2012, to March 1, 2012. The draft state plan and instructions for submitting comments will be available on SBE's website at www.sbe.virginia.gov beginning February 1, 2012. All comments will be considered prior to final adoption of the state plan.

Contact Information: Edgardo Cortes, Grants Manager, State Board of Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804) 864-8901, or email edgardo.cortes@sbe.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Environmental Quality (DEQ) is conducting a periodic review of 9VAC15-30, Regulations for the Certification of Recycling Machinery and Equipment for Local Tax Exemption Purposes.

The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia.

The purpose of this review is to determine whether this regulation should be terminated, amended, or retained in its current form. The department is 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 is 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 these regulations is to provide the procedures and rules by which § 58.1-3661 of the Code of Virginia may be administered. The statute specifies that recycling machinery and equipment certified by the Department of Environmental Quality may be eligible for a local property tax exemption. This section of the statute allows the governing body of any county, city, or town to exempt or partially exempt qualifying machinery or equipment from local taxation. Section 58.1-3661 of the Code of Virginia requires that these regulations be promulgated. These regulations are designed to provide procedures for the certification of recycling machinery 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. The regulations may be viewed in their entirety at http://leg1.state.va.us/000/reg/TOC09015.HTM#C0030.

The comment period begins February 13, 2012, and ends on March 5, 2012.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Gary E. Graham, Regulatory 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) 698-4103, FAX (804) 698-4510, or email gary.graham@deq.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

Proposed Revision to the Commonwealth of Virginia State Implementation Plan

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 relevant portions of the amended regulations to EPA as revisions to the SIP in accordance with the requirements of § 110(a) of the federal Clean Air Act.

Regulations affected: The regulations affected by this action are as follows: Emission Standards for Municipal Solid Waste Landfills, Article 43 of 9VAC5-40, Existing Stationary Sources; Environmental Protection Agency Standards of Performance for New Stationary Sources, Article 5 of 9VAC5-50, New and Modified Stationary Sources; and Regulation for Open Burning, 9VAC5-130.

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: February 13, 2012, to March 14, 2012.

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 3 of the Administrative Process Act as they are changes in form, style, and technical corrections. 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 to update regulatory cross-references. The Solid Waste Management Regulations were amended and recodified to create a new chapter 9VAC20-81, which became effective March 16, 2011. It is now necessary to update the citations to the Solid Waste Management Regulations in the State Air Pollution Control Board's regulations.

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 the provisions of the proposal relevant to Article 43 of 9VAC5-40 and 9VAC5-130 as revisions to the Commonwealth of Virginia SIP. The provisions of Article 5 of 9VAC5-50 and 9VAC5-130-100 are not part of the Commonwealth's SIP; those provisions will be provided for information only and not as part of the 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) 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 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.

Total Maximum Daily Load for Washington County

Purpose of notice: To seek public comment on (i) a draft permit from the Department of Environmental Quality (DEQ) that will allow the continued release of treated wastewater into a water body in Washington County, Virginia and (ii) a proposed modification to the completed total maximum daily load (TMDL) study for that same water body.

First public notice issue date: February 13, 2012.

Public comment period: February 13, 2012, to March 14, 2012.

Permit name and number: Virginia Pollutant Discharge Elimination System Permit - Wastewater (VA0087378) issued by DEQ under the authority of the State Water Control Board.

Name and address of applicant: Washington County Public Service Authority, 25122 Regal Drive, Abingdon, VA 24212.

Name and address of facility: Hall Creek WWTP, 32430 Lee Highway, Glade Spring, VA 24340

Project description - Permit reissuance: Washington County Service Authority has applied for reissuance of the referenced permit. The applicant proposes to release treated sewage wastewater at a rate of 0.95 million gallons per day (MGD) into Hall Creek in Washington County in the Lower Middle Fork Holston watershed. A watershed is the land area drained by a river and its incoming streams. The permit will limit the following pollutants to amounts that protect water quality: pH, BOD5, suspended solids, total residual chlorine, bacteria, ammonia nitrogen, and dissolved oxygen. The permit conditions and effluent limitations and monitoring requirements are being tiered for the existing design flow of 0.63 MGD and the future design flow of 0.95 MGD. The sludge disposal plan consists of shipment of the stabilized and dewatered sludge to the BFI Carters' Valley Landfill in Hawkins County, Tennessee.

How to comment and/or request a public hearing for the permit reissuance: DEQ accepts comments and requests for public hearing by email, fax, or postal mail. All comments and requests must be in writing and be received by DEQ during the comment period. Submittals must include the names, mailing addresses, and telephone numbers of the commenter/requester and of all persons represented by the commenter/requester. A request for public hearing must include: (i) the reason why a public hearing is requested; (ii) a brief, informal statement regarding the nature and extent of the interest of the requester or of those represented by the requestor, including how and to what extent such interest would be directly and adversely affected by the permit; and (iii) specific references, where possible, to terms and conditions of the permit with suggested revisions. DEQ may hold a public hearing, including another comment period, if public response is significant and there are substantial, disputed issues relevant to the permit.

Project description - Cedar, Hall, Byers, and Hutton Creek TMDL (three creeks) study modifications:

1) The TMDL for sediment was approved by the Environmental Protection Agency on June 17, 2004, and can be found at the following website: http://www.deq.virginia.gov/tmdl/apptmdls/tenbigrvr/mfholbc.pdf. DEQ proposes to revise the sediment TMDL to accommodate the changes to the original TMDL accounting used to calculate the Hall Creek water quality TMDL allocations for TSS as outlined below.

2) The TMDL for bacteria was approved on February 2, 2001, and can be found at the following website: http://www.deq.virginia.gov/tmdl/apptmdls/tenbigrvr/mfholstn.pdf. The revised bacteria and sediment TMDLs will be changed to accommodate a flow discharge rate of 0.95 million gallons per day for the previously permitted facility, Hall Creek WWTP (VA0087378). Future growth allocation will also be incorporated into both TMDL studies. Previously overlooked preexisting construction permits will be incorporated as modeled. A conversion from fecal coliform to E. coli will be implemented to accommodate a change in water quality standards for bacteria. Updating the allocations, reductions, and associated text in the Three Creeks TMDLs will protect and preserve water quality, will replace the original and incorrect data used in TMDL development, and will not result in a TMDL value change.

How to comment on the TMDL modification: DEQ accepts comments by email, fax, or postal mail. All comments must be in writing and be received by DEQ during the comment period. The public also may request a public meeting. Submittals must include the names, mailing addresses, and telephone numbers of the commenter and of all persons represented by the commenter.

Contact for public comments, document requests and additional information: Allen Newman, Department of Environmental Quality, Southwest Regional Office, 355 Deadmore Street, P.O. Box 1688, Abingdon, VA 24212, telephone (276) 676-4800, FAX (276) 676-4899, or email allen.newman@deq.virginia.gov.

The public may review the documents at the DEQ office named above.

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 19, 2012, January 20, 2012, and January 24, 2012. 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 (12)

Virginia's On-Line Game "Cash 5" Final Rules for Game Operation (effective January 24, 2012. Upon the effective date, these rules shall supersede and replace any and all prior Virginia Lottery "Cash 5" game rules.)

Director's Order Number Fifteen (12)

Virginia's Instant Game Lottery 1321; "Virginia Lottery Black" Final Rules for Game Operation (effective January 18, 2012)

Director's Order Number Sixteen (12)

Virginia Lottery's "Bonus Raffle Promotion" Final Rules for Game Operation (effective January 12, 2012)

Director's Order Number Seventeen (12)

Virginia Lottery's "Bonus Raffle" Final Rules for Game Operation (effective January 12, 2012)

Director's Order Number Nineteen (12)

"Seibert's Eat & Win Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Rules (effective January 24, 2012 and shall remain in full force and effect until ninety (90) days after the conclusion of the Incentive Program, unless otherwise extended by the Director.)

* * * * * * * *

The following Director's Order of the State Lottery Department was filed with the Virginia Registrar of Regulations on January 20, 2012.

Director's Order Number Eighteen (12)

Certain Virginia Instant Game Lotteries; End of Games.

In accordance with the authority granted by §§ 2.2-4002 B 15 and 58.1-4006 A of the Code of Virginia, I hereby give notice that the following Virginia Lottery instant games will officially end at midnight on January 20, 2012.

Game 1076

Win for Life (TOP)

Game 1101

Bingo Tripler (TOP)

Game 1110

Lucky Casino (TOP)

Game 1138

Dreamin' of Dollar$

Game 1173

Muscle Car Money

Game 1180

Movie Night

Game 1217

Super Bonus Crossword (TOP)

Game 1222

Fat Cat Returns!

Game 1224

Virginia's Riches

Game 1226

Hot Slots (TOP)

Game 1238

Mad Money

Game 1241

7 Come 11®

Game 1243

Wild Cherry Crossword (TOP)

Game 1247

Monopoly (TOP)

Game 1249

Winner's Circle Doubler

Game 1265

5X the Money (TOP)

Game 1266

Spicy 7's

Game 1276

Money Tree

Game 1277

Turkey Tripler

Game 1279

Silver & Gold

Game 1280

Sweet Treats

Game 1281

Peng-Win!

Game 1282

Happy Holidays

Game 1283

Jingle Bens

Game 1296

Plants vs. Zombies™

The last day for lottery retailers to return for credit unsold tickets from any of these games will be February 24, 2012. The last day to redeem winning tickets for any of these games will be July 18, 2012, 180 days from the declared official end of the game. Claims for winning tickets from any of these games will not be accepted after that date. Claims that are mailed and received in an envelope bearing a postmark of the United States Postal Service or another sovereign nation of July 18, 2012, or earlier, will be deemed to have been received on time. This notice amplifies and conforms to the duly adopted State Lottery Board regulations for the conduct of lottery games.

This order is available for inspection and copying during normal business hours at the Virginia Lottery headquarters, 900 East Main Street, Richmond, Virginia; and at any Virginia Lottery regional office. A copy may be requested by mail by writing to Director's Office, Virginia Lottery, 900 East Main Street, Richmond, Virginia 23219.

This Director's Order becomes effective on the date of its signing and shall remain in full force and effect unless amended or rescinded by further Director's Order.

/s/ Paula I. Otto
Executive Director
January 18, 2012

VIRGINIA WASTE MANAGEMENT BOARD

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Environmental Quality (DEQ), on behalf of the Virginia Waste Management Board, will conduct a periodic review of 9VAC20-190, Litter Receptacle Regulations.

The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. The purpose of the review is to determine whether this regulation should be terminated, amended, or retained in its current form.

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 these regulations is to establish reasonable guidelines for the placement and maintenance of litter receptacles. The regulations describe the responsibility of owners and operators of establishments and public places, throughout the Commonwealth, to place and maintain receptacles for receiving litter. The regulations also establish which places must be provided with litter receptacles, the standards for the receptacles, and the requirements for removal of the litter from the receptacles. Section 10.1-1419 of the Code of Virginia requires that these regulations be promulgated and specifies certain requirements that are included as part of these regulations. These regulations are designed to protect the 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.

The comment period begins February 13, 2012, and ends on March 5, 2012.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Gary E. Graham, Regulatory 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) 698-4103, FAX (804) 698-4510, or email gary.graham@deq.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Environmental Quality, on behalf of the Virginia Waste Management Board, will conduct a periodic review of 9VAC20-200, Mercury Switch Regulations.

The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia.

The purpose of this review is to determine whether this regulation should be terminated, amended, or retained in its current form. 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 these regulations is to reduce the quantity of mercury released into the environment by establishing standards and procedures for the removal of mercury switches from end-of-life vehicles demolished in the Commonwealth. The regulations also provide for the storage, shipping, recycling, or disposal of mercury switches removed from vehicles. Section 10.1-1402 of the Code of Virginia requires that these regulations be promulgated. Section 46.2-635 of the Code of Virginia specifies certain requirements that are included as part of these regulations. These regulations are designed to protect the 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.

The comment period begins February 13, 2012, and ends on March 5, 2012.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Gary E. Graham, Regulatory 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) 698-4103, FAX (804) 698-4510, or email gary.graham@deq.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

STATE WATER CONTROL BOARD

Proposed Consent Special Order for the Dinwiddie County School Board

An enforcement action has been proposed for the Dinwiddie County School Board for alleged violations at the Dinwiddie Middle School in Dinwiddie County, Virginia. The State Water Control Board proposes to issue a consent special order to the Dinwiddie County School Board to address noncompliance with State Water Control Board law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Cynthia Akers will accept comments by email at cynthia.akers@deq.virginia.gov, FAX at (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from February 13, 2012, to March 14, 2012.

Proposed Consent Order for Kerr's Creek, LLC

An enforcement action has been proposed for Kerr's Creek, LLC for violations in Rockbridge County. A proposed consent order describes a settlement to resolve unauthorized discharge violations from the Kerr's Creek sewage treatment plant. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Steven W. Hetrick will accept comments by email at steven.hetrick@deq.virginia.gov, FAX (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 22801, from February 13, 2012, to March 14, 2012.

Proposed Consent Order for Windcrest Holsteins, Inc.

An enforcement action has been proposed for Windcrest Holsteins, Inc. for violations in Rockingham County. A proposed consent order describes a settlement to resolve an unauthorized discharge. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Karen Hensley will accept comments by email at karen.hensley@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 22801, from February 13, 2012, to March 14, 2012.

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.

ERRATA

STATE BOARD OF SOCIAL SERVICES

Titles of Regulations: 22VAC40-130. Minimum Standards for Licensed Private Child Placing Agencies (repealing 22VAC40-130-10 through 22VAC40-130-550).

22VAC40-131. Standards for Licensed Child-Placing Agencies (adding 22VAC40-131-10 through 22VAC40-131-610).

Publication: 27:25 VA.R. 2675-2717 August 15, 2011.

Correction to Final Regulation:

Page 2682, 22VAC40-131-80 C, line 4, replace "22VAC40-131-90 B 2 a (1) and (2)" with "subdivisions B 2 a (1) and (2) of this section"

Page 2717, 22VAC40-131-610 C 3, line 1, after "requirements" insert "of"

VA.R. Doc. No. R10-2036; Filed January 31, 2012, 11:09 a.m.

COMMONWEALTH TRANSPORTATION BOARD

Title of Regulation: 24VAC30-72. Access Management Regulations: Principal Arterials (amending 24VAC30-72-10, 24VAC30-72-20, 24VAC30-72-40, 24VAC30-72-50, 24VAC30-72-60, 24VAC30-72-70, 24VAC30-72-80, 24VAC30-72-120, 24VAC30-72-150; repealing 24VAC30-72-140, 24VAC30-72-170).

Publication: 28:8 VA.R. 738-745 December 19, 2011.

Correction to Final Regulation:

Page 745, FORMS (24VAC30-72), second column, as follows:

In the title of the form "LUP-SP" before "Special" insert "Land Use Permit"

In the title of the form "LUP-LC" before "Letter" omit "Irrevocable"

In the title of the form "LUP-SB" before "Surety" insert "Permit"

VA.R. Doc. No. R12-3066; Filed January 23, 2012, 11:26 a.m.

Title of Regulation: 24VAC30-155. Traffic Impact Analysis Regulations (amending 24VAC30-155-10, 24VAC30-155-20, 24VAC30-155-30, 24VAC30-155-40, 24VAC30-155-60, 24VAC30-155-70, 24VAC30-155-80; repealing 24VAC30-155-50, 24VAC30-155-100).

Publication: 28:8 VA.R. 719-737 December 19, 2011.

Correction to Final Regulation:

Page 724, 24VAC30-155-40 D, first column, lines 15-17, after "that" insert "(i)"; after "practice" replace "or" with ", (ii) the package"; and after "or" replace "if" with "(iii)"

Page 737, DOCUMENTS INCORPORATED BY REFERENCE (24VAC30-155), in the listing for "ITE Manual of Traffic Signal Design" before "1998" delete "effective"

VA.R. Doc. No. R12-2999; Filed January 23, 2012, 11:26 a.m.