GENERAL NOTICES/ERRATA
Vol. 29 Iss. 6 - November 19, 2012

GENERAL NOTICES/ERRATA

STATE 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 on behalf of the State Air Pollution Control Board will conduct a periodic review of 9VAC5-5, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order No. 14 (2010), Development and Review of Regulations Proposed by State Agencies, and § 2.2-4007.1 of the Administrative Process Act.

The purpose of the review is to determine whether the regulations should be terminated, amended or retained in their 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 this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the State Air Pollution Control Board. Section 2.2-4007.02 of the Administrative Process Act (Chapter 40 of Title 2.2 of the Code of Virginia) requires that any agency required to adopt regulations must adopt public participation guidelines and specifies certain requirements that are to be included as part of these regulations. These regulations are designed 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 November 19, 2012, and ends on December 10, 2012. Comments may be submitted to Debra A. Harris, Planning and Policy Specialist, Office of Regulatory Affairs, Department of Environmental Quality, Post Office Box 1105, Richmond, VA 23218 (deliveries can be made to 629 East Main Street, Richmond, VA 23219), telephone (804) 698-4209, FAX (804) 698-4346, or email debra.harris@deq.virginia.gov. Alternatively, comments may be submitted online to the Virginia Regulatory Town Hall at http://townhall.virginia.gov/L/Forums.cfm. Please note that comments must include the commenter's name and address (physical or email) 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 AND DEPARTMENT OF CONSERVATION AND RECREATION

Notice of Public Meeting and Public Comment

The Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation (DCR) seek written and oral comments from interested persons on the development of a total maximum daily load implementation plan (TMDL IP) for the Spout Run, Page Brook and Roseville Run watersheds in Clarke County and the Towns of Millwood and Boyce. Spout Run was first listed as impaired on Virginia's 1998 § 303(d) TMDL Priority List and Report due to violations of the state's water quality standard for fecal coliform and the general standard (benthic) for aquatic life. Page Brook was added to the § 303(d) list for violations of the fecal coliform water quality standard in 2004, while Roseville Run was listed as impaired for violations of the bacteria standard for E. coli in 2010. The impaired segment of Spout Run (bacteria and benthic) extends from the confluence of Page Brook and Roseville Run to its confluence with the Shenandoah River (3.7 miles). The impaired segment of Page Brook begins at the creek's headwaters and extends down to its confluence with Roseville Run (8.78 miles). The impaired segment of Roseville Run extends the length of the stream, from the headwaters downstream to its confluence with Page Brook (3.94 miles).

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report. In addition, § 62.1-44.19:7 C of the Code of Virginia requires the development of an IP for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and their associated costs, benefits, and environmental impacts. TMDLs were completed for these streams by the DEQ in June 2010 and were approved by the Environmental Protection Agency in December 2010. Development of a TMDL implementation plan by the Virginia Department of Conservation and Recreation began in April 2012.

The second and final public meeting on the development of this TMDL implementation plan will be held on Wednesday, December 5, 2012, at 6 p.m. at The Powhatan School, located at 49 Powhatan Lane, Boyce, VA 22620. A meal will be provided to meeting participants, so it is requested that interested parties RSVP to Bob Slusser (telephone (540) 351-1590 or email bob.slusser@dcr.virginia.gov). The implementation plan will be available on the DEQ website the day after the meeting for public comment: http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.

The public comment period for the IP will end on January 4, 2013. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Nesha McRae, Department of Conservation and Recreation, P.O. Box 1, Verona, VA 24482, telephone (540) 332-9238, FAX (540) 248-3069, or email nesha.mcrae@dcr.virginia.gov.

Notice of Public Meeting and Public Comment

The Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation (DCR) seek written and oral comments from interested persons on the development of a total maximum daily load (TMDL) implementation plan for the Linville Creek watershed in Rockingham County and the Town of Broadway. Linville Creek was first listed as impaired on the Virginia's § 303(d) TMDL Priority List and Report due to violations of the state's water quality standard for bacteria and the general water quality standard for aquatic life (benthic impairment) in 1998. The creek has remained on the § 303(d) list for these impairments since then. Both impairment designations on Linville Creek begin at the headwaters and extend 13.55 miles to its confluence with the North Fork of the Shenandoah River.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report. In addition, § 62.1-44.19:7 C of the Code of Virginia requires the development of an implementation plan (IP) for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and their associated costs, benefits, and environmental impacts. Bacteria and benthic TMDLs were completed by the DEQ for Linville Creek in March 2003 and were approved by the Environmental Protection Agency in September 2003. The TMDL report is available for review on the VADEQ website at: http://www.deq.virginia.gov/portals/0/DEQ/Water/
TMDL/apptmdls/shenrvr/linville.pdf
.

The first public meeting on the development of this TMDL Implementation Plan will be held on Tuesday, November 27, 2012, at 7 p.m. at the Linville Edom Ruritan Hall, 3752 Linville Edom Road, Linville, VA 22834.

The public comment period for the first public meeting will end on December 31, 2012. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Nesha McRae, Department of Conservation and Recreation, P.O. Box 1, Verona, VA 24482, telephone (540) 332-9238, FAX (540) 248-3069, or email nesha.mcrae@dcr.virginia.gov.

Environmental Permit - Bedford County, Virginia

Purpose of notice: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a permit to limit air pollution emitted by a facility in Bedford County, Virginia. The Commonwealth intends to submit the permit as a revision to its state implementation plan (SIP) in accordance with the requirements of § 110(a) of the federal Clean Air Act. The SIP is the 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. DEQ is seeking comment on the issue of whether the amended permit should be submitted as a revision to the SIP.

Public comment period: November 19, 2012, through December 19, 2012.

State public hearing procedure: Interested persons may request a public hearing. The request must be made in writing to the contact listed below and be received by DEQ by the last day of the comment period. In order to be considered, the request must include the full name, address and telephone number of the person requesting the hearing and of all people represented by the requester. The request must also include: (i) the reason why a public hearing is requested; (ii) a brief statement setting forth the factual nature and extent of interest in the proposed permit, including how the operation of the facility affects the requester; and (iii) specific references to applicable terms and conditions of concern as well as suggested revisions. A public hearing may be held as required by § 10.1-1322.01 of the Code of Virginia if at least 25 requests are received in accordance with these procedures. 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.

Federal public hearing procedure: Interested persons may request a public hearing. The request must be made in writing to the contact listed below and be received by DEQ by the last day of the comment period. In order to be considered, the request must include the full name, address and telephone number of the person requesting the hearing and of all people represented by the requester. A public hearing will be held as required by 40 CFR 51.102(a) if a request is received in accordance with these procedures. 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.

Permit name: State operating permit issued by DEQ, under the authority of the State Air Pollution Control Board.

Name, address and registration number: GP Big Island, LLC, 9363 Lee Jackson Highway, Big Island, Virginia 24526, Registration No. 30389.

Description of proposal: Virginia's regional haze regulation is found in Article 52 (9VAC5-40-7550 et seq.) of 9VAC5-40, Existing Stationary Sources. This regulation provides guidance for determining Best Available Retrofit Technology (BART) as required by 40 CFR 51.302, 40 CFR 51.308 and Appendix Y to 40 CFR Part 51. BART is required for any BART-eligible source which emits any air pollutant which may reasonably be anticipated to cause or contribute to visibility impairment in any federal Class I area. BART is an emission limitation based on the degree of reduction achievable through application of the best system of continuous emission reduction for each visibility-impairing pollutant emitted by an existing stationary facility established on a case-by-case basis. GP Big Island, LLC is subject to these requirements, has undergone a BART analysis resulting in the application of BART controls, and has obtained a state operating permit containing BART controls which was submitted to EPA as a SIP revision on July 17, 2008. Subsequently, GP Big Island, LLC and the department joined a mutual determination of permanent shutdown of an individual unit consisting of the No. 4 Power Boiler.

The current proposed revision consists of (i) the mutual and final determination between the source and the department, signed on January 5, 2012, that the No. 4 Power Boiler is permanently shut down and (ii) the associated state operating permit revised and issued on October 5, 2012, as the administrative mechanism to ensure continuing compliance with BART requirements. The permit was issued pursuant to Article 52 (9VAC5-40-7550 et seq.) of 9VAC5-40 (Existing Stationary Sources) and Article 5 (9VAC5-80-800 et seq.) of 9VAC5-80 (Permits for Stationary Sources) of state regulations. Because the permit has been issued, DEQ is accepting comment only on whether the amended permit should be submitted as a revision to the SIP and not on the content of the permit.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). 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.

How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, written 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. All materials received are part of the public record.

To review proposal: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website: http://www.deq.state.va.us/Programs/Air/PublicNotices/airplansandprograms.aspx. 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 and

2) Blue Ridge Regional Office, 7705 Timberlake Road, Lynchburg VA

Contact for public comments, document requests and additional information: Jan Phillips, Administrative Supervisor, Department of Environmental Quality, Blue Ridge Regional Office, 7705 Timberlake Road, Lynchburg VA, telephone (434) 582-6218, FAX (434) 582-5125, email jan.phillips@deq.virginia.gov.

Environmental Permit - Henrico County, Virginia

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed plan regarding air pollution emitted by a facility in Henrico County, Virginia. The Commonwealth intends to submit the plan as a revision to the Commonwealth of Virginia state implementation plan (SIP) in accordance with the requirements of § 110(a) of the federal Clean Air Act. The SIP is the plan developed by the Commonwealth in order to fulfill its responsibilities under the Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act.

Purpose of notice: DEQ is seeking comments and announcing a public hearing on a proposed permit to limit air pollution emitted by a facility in Henrico County, Virginia.

Public comment period: October 31, 2012, to November 30, 2012.

Public hearing: Conference Room, DEQ Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA, at 9 a.m. on November 30, 2012. A question and answer period will be held one half hour prior to the beginning of the public hearing.

Permit name: State Operating Permit issued by DEQ, under the authority of the State Air Pollution Control Board.

Name, address and registration number: Kraft Foods Global, Inc., Richmond Bakery, 6002 South Laburnum Avenue, Richmond, VA 23231, Registration No. 50703.

Description of proposal: The proposed revision consists of a determination of reasonably available control technology (RACT) for the control of emissions of volatile organic compounds (VOC) to the atmosphere from the Kraft Foods bakery located in the Henrico County, Virginia portion of the Richmond Ozone Maintenance Area. The RACT determination is being made pursuant to 9VAC5-40-7370 of state regulations. A state operating permit is being issued as an administrative mechanism to enforce the RACT determination. The permit is being issued pursuant to Article 5 (9VAC5-80-800 et seq.) of 9VAC5-80 (Permit for Stationary Sources) of state regulations and is federally enforceable upon issuance.

A permit was issued to Kraft Foods Global by DEQ on September 19, 2007. This permit contained the RACT for the control of VOC emissions and specified certain operating conditions for the facility's Oven #1 and respective catalytic oxidizer. In an application received on August 31, 2012, Kraft Foods Global requested changes to the permit, including changes needed to accommodate replacement of the catalytic oxidizer with a more efficient regenerative thermal oxidizer. While Kraft is requesting a change in the type of control device, VOC emissions will not be affected as a result of the change because the destruction efficiency of the control device will remain the same.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). 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.

How to comment: DEQ accepts written comments by email, fax and postal mail. In order to be considered, written comments must include the full name, address and telephone number of the person commenting and be received by DEQ on the last day of the comment period. Both oral and written comments are accepted at the public hearing. DEQ prefers that comments be provided in writing, along with any supporting documents or exhibits. All information received is part of the public record. Please note the proposed permit is being concurrently reviewed by EPA.

To review proposal: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website: http://www.deq.state.va.us/Programs/Air/PublicNotices/airplansandprograms.aspx. 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, and

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

Contact for public comments, document requests and additional information: Jennifer Hoeffner, Environmental Engineer, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA telephone (804) 527-5123, FAX (804) 527-5106, or email jennifer.hoeffner@deq.virginia.gov.

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:

6VAC20-230, Regulations Relating to Special Conservator of the Peace

6VAC20-250, Regulations Relating to Property and Surety Bail Bondsmen

The review of these regulations 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 each regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to each 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 November 19, 2012, and ends on December 10, 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 Lisa McGee, Regulatory Manager, 1100 Bank Street, Richmond, VA 23218, telephone (804) 371-2419, FAX (804) 786-6344, or email lisa.mcgee@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

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 will conduct a periodic review of 9VAC15-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order No. 14 (2010), Development and Review of Regulations Proposed by State Agencies, and § 2.2-4007.1 of the Administrative Process Act.

The purpose of the review is to determine whether the regulations should be terminated, amended or retained in their 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 this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department of Environmental Quality. Section 2.2-4007.02 of the Administrative Process Act (Chapter 40 of Title 2.2 of the Code of Virginia) requires that any agency required to adopt regulations must adopt public participation guidelines and specifies certain requirements that are to be included as part of these regulations. These regulations are designed 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 November 19, 2012, and ends on December 10, 2012.

Comments may be submitted to Debra A. Harris, Planning and Policy Specialist, Office of Regulatory Affairs, Department of Environmental Quality, Post Office Box 1105, Richmond, VA 23218 (deliveries can be made to 629 East Main Street, Richmond, VA 23219), telephone (804) 698-4209, FAX (804) 698-4346, or email debra.harris@deq.virginia.gov. Alternatively, comments may be submitted online to the Virginia Regulatory Town Hall at http://townhall.virginia.gov/L/Forums.cfm. Please note, comments must include the commenter's name and address (physical or email) 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 HOUSING AND COMMUNITY DEVELOPMENT

Request for Public Comment - Boundaries of Planning Districts

The Regional Cooperation Act, passed by the General Assembly in 1995, places great emphasis on the planning district commissions serving as a forum for discussion of regional issues and identification of ways to promote regional cooperation. Section 36-139.7 of the Code of Virginia requires that the Virginia Department of Housing and Community Development (DHCD) conduct a periodic review of the boundaries of planning districts. It requires that DHCD consider, at a minimum, the following criteria:

1. Recognition of communities of interest among the governmental subdivisions;

2. Recognition of common economic and market interests;

3. Ease of communications and commissioner travel time;

4. Federal metropolitan statistical area boundaries;

5. A population base adequate to ensure financial viability;

6. Geographic factors and natural boundaries; and

7. The wishes of the governmental subdivisions within or surrounding the planning district, as expressed by resolution of the governing body.

DHCD will conduct its review in two phases: a period of written public comment and, if warranted, public hearings. 

Written public comment: This notice begins the period for written public comment. Letters should concisely address the need for retaining or modifying the current boundaries of a given planning district using the criteria outlined above or other factors that affect the viability or effectiveness of the planning district commission in carrying out its duties. The deadline for written public comment is December 19, 2012. Comments should either be emailed to susan.williams@dhcd.virginia.gov or addressed to Susan B. Williams, Local Government Policy Manager, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219.

In the event that there are sufficient and compelling requests for boundary adjustments, DHCD will conduct public hearings within the affected planning districts. DHCD staff will consider all comments received through written responses and public hearings and, subject to the provisions of the Administrative Process Act, make adjustments to the boundaries of planning districts as it deems advisable.

Any such hearings will be advertised in local newspapers and notices will be sent to local government and planning district offices. The purpose of such hearings will be to gather information from local officials, organizations and residents as to why a boundary adjustment is warranted and the advantages such an adjustment would provide to each affected planning district in order to ensure that all affected parties have had adequate opportunity to share their views and perspectives on any proposed adjustment.

For additional information, please contact Susan Williams by regular mail at the address provided above; by email at susan.williams@dhcd.virginia.gov, or by telephone at (804) 786-6508.

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 on behalf of the Virginia Waste Management Board will conduct a periodic review of 9VAC20-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order No. 14 (2010), Development and Review of Regulations Proposed by State Agencies, and § 2.2-4007.1 of the Administrative Process Act).

The purpose of the review is to determine whether the regulations should be terminated, amended or retained in their 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 this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Virginia Waste Management Board. Section 2.2-4007.02 of the Administrative Process Act (Chapter 40 of Title 2.2 of the Code of Virginia) requires that any agency required to adopt regulations must adopt public participation guidelines and specifies certain requirements that are to be included as part of these regulations. These regulations are designed 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 November 19, 2012, and ends on December 10, 2012.

Comments may be submitted to Debra A. Harris, Planning and Policy Specialist, Office of Regulatory Affairs, Department of Environmental Quality, Post Office Box 1105, Richmond, VA 23218 (deliveries can be made to 629 East Main Street, Richmond, VA 23219), telephone (804) 698-4209, FAX (804) 698-4346, or email debra.harris@deq.virginia.gov. Alternatively, comments may be submitted online to the Virginia Regulatory Town Hall at http://townhall.virginia.gov/L/Forums.cfm. Please note, comments must include the commenter's name and address (physical or email) 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

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 State Water Control Board will conduct a periodic review of 9VAC25-11, Public Participation Guidelines. The review of this regulation will be guided by the principles in Executive Order No. 14 (2010), Development and Review of Regulations Proposed by State Agencies, and § 2.2-4007.1 of the Administrative Process Act.

The purpose of the review is to determine whether the regulations should be terminated, amended or retained in their 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 this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the State Water Control Board. Section 2.2-4007.02 of the Administrative Process Act (Chapter 40 of Title 2.2 of the Code of Virginia) requires that any agency required to adopt regulations must adopt public participation guidelines and specifies certain requirements that are to be included as part of these regulations. These regulations are designed 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 November 19, 2012, and ends on December 10, 2012.

Comments may be submitted to Debra A. Harris, Planning and Policy Specialist, Office of Regulatory Affairs, Department of Environmental Quality, Post Office Box 1105, Richmond, VA 23218 (deliveries can be made to 629 East Main Street, Richmond, VA 23219), telephone (804) 698-4209, FAX (804) 698-4346, or email debra.harris@deq.virginia.gov. Alternatively, comments may be submitted online to the Virginia Regulatory Town Hall at http://townhall.virginia.gov/L/Forums.cfm. Please note, comments must include the commenter's name and address (physical or email) 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.

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 use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works 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 WATER CONTROL BOARD

Title of Regulation: 9VAC25-120. General Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation for Discharges from Petroleum Contaminated Sites, Groundwater Remediation and Hydrostatic Tests.

Publication: 29:4 VA.R. 857-875 October 22, 2012.

Change to Final Regulation:

Page 860, 9VAC25-120-70 C 2 b, line 5, after "under subsection" strike "A" and insert "B"

VA.R. Doc. No. R11-2774; Filed October 23, 2012, 1:47 p.m.

BOARD OF FUNERAL DIRECTORS AND EMBALMERS

Title of Regulation: 18VAC65-30. Regulations for Preneed Funeral Planning.

Publication: 29:3 VA.R. 587-592 October 8, 2012.

Change to Fast Track Regulation:

Page 588, 18VAC65-30-110, existing subsection E was missing from publication.
Reinsert:

"E. The contract buyer shall have the right to change the contract provider and the trustee at any time prior to the furnishing of the services or supplies contracted for under the preneed contract."

VA.R. Doc. No. R13-2386; Filed October 31, 2012, 2:05 p.m.