GENERAL NOTICES/ERRATA
Vol. 28 Iss. 25 - August 13, 2012

GENERAL NOTICES/ERRATA

CRIMINAL JUSTICE SERVICES 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 Criminal Justice Services is conducting a periodic review of 6VAC20-240, Regulations Relating to School Security Officers.

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. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins August 13, 2012, and ends on September 11, 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 Stephanie L. Morton, Department of Criminal Justice Services, Law Enforcement Program Coordinator, 1100 Bank Street, Richmond, VA 23219, telephone (804) 786-8003, FAX (804) 786-0410, or email stephanie.morton@dcjs.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.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Enforcement Action for GEI Stratford, LLC and Stratford-Bethany, LLC

An enforcement action has been proposed for GEI Stratford, LLC and Stratford-Bethany, LLC for alleged violations at the Stratford Hills Apartments on 2517 W. Tremont Court, Richmond, VA. The action requires corrective action and payment of a civil charge. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at frank.lupini@deq.virginia.gov, FAX (804) 527-5093, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from August 13, 2012, to September 13, 2012.

Notice of Bacteria TMDL Modification of Lower Mattaponi, Lower Pamunkey, and Upper York Rivers in King William, New Kent, and King and Queen Counties and the Town of West Point

The Department of Environmental Quality (DEQ) seeks public comment from interested persons on 21 proposed modifications of the total maximum daily loads (TMDLs) developed for impaired segments of the Lower Mattaponi River (VAP-F25E-01), Lower Pamunkey River (VAP-F14E-03), and the Upper York River (VAP-F26E-05 and VAP-F26E-20). The TMDL was approved by the Environmental Protection Agency on July 28, 2010, and is available at: http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/yorkrvr/yorkpamunkmatta.pdf.

Changes 1-4 are with regard to the Lower Mattaponi River Enterococci TMDL segment (VAP-F25E-01).

1. The Mickens domestic discharger is a Single Family Home - General Permit (VAG404212) that discharges ≤1000 gallons per day (GPD) to a nontidal tributary of the Lower Pamunkey River, Unnamed Tributary (UT) to Olssen's Pond. This permit was mistakenly given a waste load allocation (WLA) based on 60 GPD (or 0.00006 million gallons per day (MGD)) in the Lower Mattaponi River Enterococci (recreational use) TMDL, but should have been allocated in the Lower Pamunkey River Enterococci TMDL. DEQ proposes to correct the Lower Mattaponi TMDL by removing the daily waste load allocation for Enterococci. The details regarding the reallocation of the WLA for this permittee for Enterococci and how the facility will maintain compliance with the Lower Pamunkey River TMDL are noted in the section below.

2. The Hampton Roads Sanitation District (HRSD) West Point Sewage Treatment Plant (STP) (VA0075434) is a VPDES minor municipal plant with a design flow of 0.60 million gallons per day (MGD) that discharges to the Lower Mattaponi River. The WLA in the TMDL was based on the Single Sample Instantaneous Maximum Standard of 104 (cfu/100mL) Enterococci, when it should have been based on the Geometric Mean (GM) Standard of 35 (cfu/100mL) Enterococci. DEQ proposes to correct the Lower Mattaponi River Enterococci TMDL by revising the facility's daily WLA to accommodate this facility at a maximum design flow of 0.60 MGD and an Enterococci concentration of 35 N/mL.

3. The original Future Growth was equal to five times the daily load of the single municipal discharger, HRSD West Point (VA0075434) at the Single Sample Instantaneous Maximum Standard of 104 N/mL Enterococci. This was equal to 0.01% of the TMDL. DEQ proposes to increase the daily Future Growth value to 0.76% of the TMDL.

4. The revisions noted in 1-3 above result in an increase in the daily Total WLA and a decrease in the daily Load Allocation (LA) values.

Changes 5-9 are with regard to the Lower Pamunkey River Enterococci TMDL segment (VAP-F14E-03).

5. The Mickens domestic discharger is a Single Family Home - General Permit (VAG404212) that discharges ≤1000 gallons per day (GPD) to a nontidal tributary of the Lower Pamunkey River, Unnamed Tributary (UT) to Olssen's Pond. This permit was mistakenly given a waste load allocation (WLA) based on 60 GPD (or 0.00006 million gallons per day (MGD)) in the Lower Mattaponi River Enterococci (recreational use) TMDL, but should have been allocated in the Lower Pamunkey River Enterococci TMDL. DEQ proposes to allocate a daily WLA for this facility in the Lower Pamunkey Enterococci TMDL. This is a facility that uses chlorination in a contact tank, followed by dechlorination, meets Virginia's Single Family Home - General Permit limits for discharges to nontidal freshwater, and the facility outfall is greater than 2.75 miles upstream of the Enterococci impairment. Compliance of this facility with the daily WLA for Enterococci will be met through compliance with existing E. coli permit limit protections. Compliance of this facility with the existing permit limits will not cause or contribute to the downstream Enterococci bacteria impairment in the Lower Pamunkey River.

6. Parham Landing Waste Water Treatment Plant (WWTP) (VA0088331) is a VPDES major municipal plant with a design flow of 2 MGD.  However, the daily WLA in the Lower Pamunkey River Enterococci TMDL was based on the Single Sample Instantaneous Maximum Standard of 104 (cfu/100mL) Enterococci, when it should have been based on the GM Standard of 35 (cfu/100mL) Enterococci. The WLA was also allocated at the incorrect design flow of 0.568 MGD.  DEQ proposes to revise the Lower Pamunkey Enterococci TMDL by correcting the facility's daily WLA to accommodate this facility at a maximum design flow of 2 MGD and an Enterococci concentration of 35 N/mL.

7. The Rock-Tenn West Point Mill (VA0003115) is a VPDES major industrial facility with a design flow of 23 MGD that discharges to the Lower Pamunkey River. This facility was recently identified as a source of bacteria in the Lower Pamunkey River and should receive an allocation in the Enterococci TMDL. DEQ proposes to correct the Lower Pamunkey River Enterococci TMDL by allocating a daily WLA to accommodate this facility at a maximum design flow of 23 MGD and the Enterococci GM Standard of 35 N/mL.

8. The original Future Growth allocated was equal to five times the daily load of the single municipal discharger, Parham Landing WWTP (VA0088331) at the Single Sample Instantaneous Maximum Standard of 104 N/mL Enterococci, equal to 0.01% of the TMDL. DEQ proposes to increase the daily Future Growth to 0.74% of the TMDL.

9. The revisions noted in 5-8 above result in an increase in the daily Total WLA and a decrease in the daily Load Allocation (LA) values.

Changes 10-15 are with regard to the Upper York River Enterococci TMDL segment (VAP-F26E-05).

10. The Mickens domestic discharger is a Single Family Home - General Permit (VAG404212) that discharges ≤1000 gallons per day (GPD) to a nontidal tributary of the Lower Pamunkey River, Unnamed Tributary (UT) to Olssen's Pond. The facility should have received a WLA in the Upper York River Enterococci TMDL. DEQ proposes to allocate a daily WLA for this facility in the Upper York Enterococci TMDL. This is a facility that uses chlorination in a contact tank, followed by dechlorination, meets Virginia's Single Family Home - General Permit limits for discharges to nontidal freshwater, and the facility outfall is greater than five miles upstream of the Upper York River Enterococci impairment. Compliance of this facility with the daily WLA for Enterococci will be met through compliance with existing E. coli permit limit protections. Compliance of this facility with the existing permit limits will not cause or contribute to the downstream Enterococci bacteria impairment in the Upper York River.

11. The HRSD West Point STP (VA0075434) is a VPDES minor municipal plant with a design flow of 0.60 million gallons per day (MGD) that discharges to the Lower Mattaponi River. The WLA in the TMDL was based on the Single Sample Instantaneous Maximum Standard of 104 (cfu/100mL) Enterococci, when it should have been based on the Geometric Mean (GM) Standard of 35 (cfu/100mL) Enterococci. DEQ proposes to correct the Upper York River Enterococci TMDL by revising the facility's daily WLA to accommodate this facility at a maximum design flow of 0.60 MGD and an Enterococci concentration of 35 N/mL.

12. Parham Landing WWTP (VA0088331) is a VPDES major municipal plant with a design flow of 2 MGD.  However, the daily WLA in the Upper York River Enterococci TMDL was based on the Single Sample Instantaneous Maximum Standard of 104 (cfu/100mL) Enterococci, when it should have been based on the GM Standard of 35 (cfu/100mL) Enterococci. The WLA was also allocated at the incorrect design flow of 0.568 MGD.  DEQ proposes to correct the Upper York River Enterococci TMDL by revising the facility's daily WLA to accommodate this facility at a maximum design flow of 2 MGD and an Enterococci concentration of 35 N/mL.

13. The Rock-Tenn West Point Mill (VA0003115) is a VPDES major industrial facility with a design flow of 23 MGD that discharges to the Lower Pamunkey River. This facility was recently identified as a source of bacteria in the Lower Pamunkey River and should receive a WLA in the Upper York Enterococci TMDL. Bacteria sources in the Lower Pamunkey River Enterococci TMDL were used as inputs in the Upper York Enterococci TMDL development. DEQ proposes to revise the Upper York Enterococci TMDL by allocating a daily WLA to accommodate this facility at a maximum design flow of 23 MGD and the Enterococci GM Standard of 35 N/mL.

14. The original Future Growth allocated was equal to the sum of five times the daily load of the municipal dischargers HRSD West Point STP (VA0075434) and Parham Landing WWTP (VA0088331) at the Single Sample Instantaneous Maximum Standard of 104 N/mL Enterococci, equal to 0.01% of the TMDL. DEQ proposes to increase the daily Future Growth to 0.75% of the TMDL.

15. The revisions noted in 10-14 above, result in an increase in the daily Total WLA and a decrease in the daily Load Allocation (LA) values.

Changes 16-21 are with regard to the Upper York River Fecal Coliform TMDL segment (VAP-F26E-20).

16. The Mickens domestic discharger is a Single Family Home - General Permit (VAG404212) that discharges ≤1000 gallons per day (GPD) to a nontidal tributary of the Lower Pamunkey River, Unnamed Tributary (UT) to Olssen's Pond. The facility received a WLA in the Upper York River Fecal Coliform (Shellfish) TMDL based on the 90th Percentile Fecal Coliform Standard of 49 Most Probable Number (MPN) per 100mL when it should have been based on 200 MPN/100mL, which is the standard approved by the Virginia Department of Health. The WLA was also based on the incorrect design flow of the facility 60 GPD (or 0.00006 million gallons per day (MGD)).  DEQ proposes to correct the Upper York River Fecal Coliform TMDL by revising the daily WLA at a design flow of 1000 GPD and a Fecal Coliform concentration of 200 MPN/100mL. This is a facility that uses chlorination in a contact tank, followed by dechlorination, meets Virginia's Single Family Home - General Permit limits for discharges to nontidal freshwater, and the facility outfall is greater than five miles upstream of the Upper York River Fecal Coliform impairment. Compliance of this facility with the daily WLA for Fecal Coliform will be met through compliance with existing E. coli permit limit protections. Compliance of this facility with the existing permit limits will not cause or contribute to the downstream Fecal Coliform impairment in the Upper York River.

17. The HRSD West Point STP (VA0075434) is a VPDES minor municipal plant with a design flow of 0.60 million gallons per day (MGD) which discharges to the Lower Mattaponi River.  The facility should have received a WLA for Fecal Coliform based on 200 MPN/100mL, which is the standard approved by the Virginia Department of Health. DEQ proposes to correct the Upper York River Fecal Coliform TMDL by allocating a daily WLA to accommodate this facility at a maximum design flow of 0.60 MGD and a Fecal Coliform concentration of 200 MPN/mL.

18. Parham Landing WWTP (VA0088331) is a VPDES major municipal plant with a design flow of 2 MGD that discharges to the Lower Pamunkey River. The facility should have received a WLA for Fecal Coliform based on 200 MPN/100mL, which is the standard approved by the Virginia Department of Health.  DEQ proposes to correct the Upper York River Fecal Coliform TMDL by allocating a daily WLA to accommodate this facility at a maximum design flow of 2 MGD and a Fecal Coliform concentration of 200 MPN/mL. The facility discharges treated sewage and has an existing permit limit for Enterococci to meet the current Water Quality Standard (see Lower Pamunkey Enterococci TMDL modification details above).  Due to the protectiveness of the Enterococci discharge limits and the outfall location, which is over 5.5 miles upstream of the VDH-DSS prohibitive zone, and the Upper York River Shellfish impairment for Fecal Coliform, compliance of this facility with the Fecal Coliform daily WLA will be met through compliance of the existing Enterococci permit limit protections.  Compliance of this facility with the existing permit limits will not cause or contribute to the downstream Fecal Coliform bacteria impairment in the Upper York River.

19. The Rock-Tenn West Point Mill (VA0003115) is a VPDES major industrial facility with a design flow of 23 MGD that discharges to the Lower Pamunkey River.  This facility was recently identified as a source of bacteria in the Lower Pamunkey River and should receive a WLA in the Upper York Fecal Coliform (Shellfish) TMDL.  Bacteria sources in the Lower Pamunkey River Enterococci TMDL were used as inputs in the Upper York Fecal Coliform (Shellfish) TMDL development. DEQ proposes to revise the Upper York Fecal Coliform TMDL by allocating a daily WLA to accommodate this facility at a maximum design flow of 23 MGD and a Fecal Coliform concentration of 200 MPN/mL. The facility has a nonsewage discharge containing Enterococci. Wood-pulp facilities have historically had an issue of false-positive results when analyzed for Fecal Coliform.  The facility is receiving a permit limit for Enterococci to meet the current Water Quality Standard and a daily WLA in both the Lower Pamunkey and Upper York Enterococci TMDLs (noted in above sections). Due to the nature of the discharge and protectiveness of the Enterococci discharge limits and, given that the outfall is located over one mile upstream of the VDH-DSS prohibitive zone and the Upper York Shellfish impairment for fecal coliform, compliance of this facility with the Fecal Coliform daily WLA will be met through compliance with the existing Enterococci permit limit protections. Compliance of this facility with the existing permit limits will not cause or contribute to the downstream Fecal Coliform bacteria impairment in the Upper York River.

20. The original Future Growth allocated was equal to 1.0% of the TMDL. DEQ proposes to increase the daily Future Growth to 1.6% of the TMDL.

21. The revisions noted in 16-20 above, result in an increase in the daily Total WLA and a decrease in the daily Load Allocation (LA) values.

The changes noted above to the Lower Mattaponi Enterococci, Lower Pamunkey Enterococci, York Enterococci and Shellfish TMDLs are less than <1.0%, respectively for each TMDL and will neither cause nor contribute to the nonattainment of each impaired segment.

The public comment period for these modifications will end on September 14, 2012. Please send comments to Margaret Smigo, Department of Environmental Quality, Piedmont Regional Office, 4969-A Cox Road, Glen Allen, VA 23060, email margaret.smigo@deq.virginia.gov, or FAX (804) 527-5106. Following the comment period, a modification letter and comments received will be sent to EPA for approval final approval. Contact Margaret Smigo to request a copy of the full proposed revision.

FORENSIC SCIENCE 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 Forensic Science is currently reviewing each of the regulations listed below to determine whether it should be terminated, amended, or retained in its current form. The review of the regulations will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. Each regulation will be reviewed to determine whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

6VAC40-20, Regulations for Breath Alcohol Testing

6VAC40-30, Regulations for the Approval of Field Tests for Detection of Drugs

6VAC40-40, Regulations for the Implementation of the Law Permitting DNA Analysis Upon Arrest for All Violent Felonies and Certain Burglaries

6VAC40-50, Regulations for the Approval of Marijuana Field Tests for Detection of Marijuana Plant Material

The comment period begins August 13, 2012, and ends on September 4, 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 Stephanie E. Merritt, Department Counsel, Forensic Science Board, 700 N. 5th Street, Richmond, VA 23219, telephone (804) 786-2281, FAX (804) 786-6857, or email stephanie.merritt@dfs.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.

BOARD OF HOUSING AND COMMUNITY DEVELOPMENT

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 Board of Housing and Community Development is conducting a periodic review of 13VAC5-200, Solar Energy Criteria for Tax Exemption.

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. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins August 13, 2013, and ends on September 18, 2013.

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 Steve Calhoun, Regulatory Coordinator, Department of Housing and Community Development, 600 East Main Street, Suite 300, Richmond, Virginia 23219, telephone 804-371-7000, FAX 804-371-7090, or email steve.calhoun@dhcd.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.

SAFETY AND HEALTH CODES 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 Safety and Health Codes Board is conducting a periodic review of 16VAC25-11, Public Participation Guidelines. 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. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins August 13, 2012, and ends on September 3, 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 Reba O'Connor, Regulatory Coordinator, Virginia Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, VA 23219. telephone (804) 371-2631, FAX (804) 786-8418, email reba.oconnor@doli.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 Safety and Health Codes Board is conducting a periodic review of 16VAC25-20, Regulation Concerning Licensed Asbestos Contractor Notification, Asbestos Project Permits, and Permit Fees.

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. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins August 13, 2012, and ends on September 3, 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: Reba O'Connor, Regulatory Coordinator, Virginia Department of Labor and Industry, Main Street Centre, 600 East Main Street, Richmond, VA 23219, telephone (804) 371-2631, FAX (804) 786-8418, email reba.oconnor@doli.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Enforcement Action for Empire Petroleum Partners, LLC

An enforcement action has been proposed for Empire Petroleum Partners, LLC for violations of release detection and financial responsibility requirements at underground storage tanks at facilities in Victoria, Crewe, and Rocky Mount, Virginia. Descriptions of the proposed actions are available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Robert Steele will accept comments by email at robert.steele@deq.virginia.gov, FAX (540) 562-6725, or postal mail at Department of Environmental Quality, 3019 Peters Creek Road, Roanoke, VA 24019, from August 13, 2012, to September 12, 2012.

Proposed Enforcement Action for GSKS Properties, LLC

An enforcement action has been proposed for GSKS Properties, LLC, for violations in the City of Portsmouth of Virginia Pollutant Discharge Elimination General Permit VAR05 at the Tidewater Yacht Agency marina. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Paul R. Smith will accept comments by email at paul.smith@deq.virginia.gov, FAX (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, from August 13, 2012, to September 12, 2012.

Proposed Consent Special Order for Jai Jalram Corporation

An enforcement action has been proposed for Jai Jalram Corporation for violations at the D&G Mart in Roanoke, Virginia. The special order by consent will address and resolve violations of environmental law and regulations. A description of the proposed action is available at the Department of Environmental Quality 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 Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, from August 13, 2012, to September 12, 2012.

Proposed Consent Order for Presidential Service Company, Tier II, Inc.

An enforcement action has been proposed for Presidential Service Company, Tier II, Inc. for violations of the State Water Control Law and regulations in King George County. The State Water Control Board proposes to issue a consent order resolving violations at the Presidential Lakes, Section 14 - Wastewater 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. Daniel Burstein will accept comments by email at daniel.burstein@deq.virginia.gov, FAX (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from August 14, 2012, through September 13, 2012.

Proposed Consent Special Order for Mr. Douglas R. Sowers

An enforcement action has been proposed for Mr. Douglas R. Sowers for alleged violations at Rountrey Residential Subdivision, Phases III & IV, Chesterfield County, VA. The State Water Control Board proposes to issue a consent special order to Mr. Douglas R. Sowers 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. Gina Pisoni will accept comments by email at gina.pisoni@deq.virginia.gov, FAX (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from August 8, 2012, to September 12, 2012.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, 201 N. 9th 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.

ERRATA

STATE AIR POLLUTION CONTROL BOARD

Titles of Regulations: 9VAC5-20. General Provisions (Rev. B12) (amending 9VAC5-20-21).

9VAC5-40. Existing Stationary Sources (Rev. B12) (adding 9VAC5-40-8200 through 9VAC5-40-8370).

Publication: 28:23 VA.R. 1714 - 1722 July 16, 2012.

Correction to Final Regulation:

Page 1719, 9VAC5-40-8210 C, change the defined term "'Performance test,' as defined in 40 CFR 63.1," to "'Performance test as defined in 40 CFR 63.1'"

Page 1720, 9VAC5-40-8270, delete subsection designator "A." and delete subsections B and C in their entirety.

VA.R. Doc. No. R12-3184; Filed July 20, 2012, 1:01 p.m.

STATE CORPORATION COMMISSION

Title of Regulation: 10VAC5-161. Mortgage Loan Originators (amending 10VAC5-161-10 through 10VAC5-161-40, 10VAC5-161-60; adding 10VAC5-161-45, 10VAC5-161-70, 10VAC5-161-80).

Publication: 28:20 VA.R. 1579-1584 June 4, 2012.

Correction to Final Regulation:

Page 1582, 10VAC5-161-45 A 1 c, line 3, change "subdivision A 1 a or b of this section" to "subdivision 1 a or b of this subsection"

Page 1582, 10VAC5-161-45 A 2, lines 1 and 6, change "subdivision A 1 of this section" to "subdivision 1 of this subsection"

Page 1583, 10VAC5-161-60 C 2, last line, change "section" to "subsection"

VA.R. Doc. No. R12-2883

DEPARTMENT OF STATE POLICE

Title of Regulation: 19VAC30-70. Motor Vehicle Safety Inspection Rules and Regulations (amending 19VAC30-70-1, 19VAC30-70-3 through 19VAC30-70-10, 19VAC30-70-30, 19VAC30-70-40 through 19VAC30-70-230, 19VAC30-70-260, 19VAC30-70-290, 19VAC30-70-310, 19VAC30-70-330, 19VAC30-70-340, 19VAC30-70-350, 19VAC30-70-360, 19VAC30-70-390, 19VAC30-70-430, 19VAC30-70-450, 19VAC30-70-460, 19VAC30-70-490, 19VAC30-70-500, 19VAC30-70-510, 19VAC30-70-530, 19VAC30-70-550, 19VAC30-70-570, 19VAC30-70-580, 19VAC30-70-660; adding 19VAC30-70-9.1, 19VAC30-70-11, 19VAC30-70-25, 19VAC30-70-31, 19VAC30-70-32, 19VAC30-70-690).

Publication: 28:24 VA.R. 1861-1933 July 30, 2012.

Correction to Final Regulation:

Page 1870, 19VAC30-70-10 F, line 2, unstrike "the"

Page 1879, 19VAC30-70-50 I, sentences 2 and 3, strike "The current trailer/motorcycle decal will continue to be utilized for trailers only until depletion. Decals for trailers will eventually have a prefix T and will remain blue" and insert "Trailers have a separate decal that is blue and issued with the prefix T"

Page 1879, 19VAC30-70-50 I, last sentence, change "trailer/motorcycle" to "trailer and motorcycle"

Page 1916, before 19VAC30-70-490, strike part heading in its entirety "Part V- Inspection Requirements for Vehicles Over 10,000 Pounds"

Page 1933, before 19VAC30-70-690, change "Part VII" to "Part VI"

VA.R. Doc. No. R12-2928