General Notices, Vol. 29 Iss. 12 Feb 11, 2013

GENERAL NOTICES
Vol. 29 Iss. 12 - February 11, 2013

GENERAL NOTICES/ERRATA

STATE AIR POLLUTION CONTROL BOARD AND
DEPARTMENT OF ENVIRONMENTAL QUALITY

Notice Seeking Individuals to Serve on the State Advisory Board on Air Pollution

The State Air Pollution Control Board (SAPCB) and the Department of Environmental Quality (DEQ) are seeking individuals who are willing to serve as members of the State Advisory Board on Air Pollution (SAB). It is anticipated that the SAPCB will approve membership on the Advisory Board in the spring of 2013.

The SAB is assigned specific projects related to air quality by the board and DEQ. Such projects are based on informational needs that could provide useful program recommendations, options, or other actions for consideration by the board and DEQ. The SAB has a membership of approximately 20 and members are appointed for a term of three years, with all members' terms expiring on December 31 of the same year. Members may be re-appointed for another three year term. The SAPCB adopted a revised charter for the SAB in November 2012. A copy of the charter for the SAB is available upon request.

DEQ is seeking membership from environmental and health organizations, academia, the legal profession, and industry or trade associations that have a background in air quality technology policies or programs to serve on the Advisory Board. If interested, please submit your name and a brief resume of your qualifications to Michael G. Dowd, Director, Air Division, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4284, FAX (804) 698-4510, or michael.dowd@deq.virginia.gov. Submissions are due by close of business on February 25, 2013.

Contact Information: Michael G. Dowd, Director, Air Division, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4284, FAX (804) 698-4510, or email michael.dowd@deq.virginia.gov.

State Implementation Plan Revision - National Low Emission Vehicle Program

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

Regulations affected: The regulation of the board affected by this action is 9VAC5-200, National Low Emission Vehicle Program.

Purpose of notice: DEQ is seeking comment on the issue of whether the regulation amendments (repeal of the entire chapter) should be submitted as a revision to the SIP; i.e., whether reference to the repealed chapter should be removed from the SIP.

Public comment period: February 11, 2013, to March 13, 2013.

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: Because the regulation amendments have been adopted by the board in accordance with the Administrative Process Act and have subsequently become effective, 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: This revision consists of removal of a repealed regulation from the Virginia SIP: the regulation for the National Low Emission Vehicle (NLEV) Program (9VAC5-200), which was originally adopted by the State Air Pollution Control Board in 1999 in order to implement an EPA-approved alternative clean fuel fleet standard for mobile sources. On February 10, 2000 (65 FR 6698), the federal NLEV program was superseded by federal Tier 2 standards, which were more restrictive than the NLEV program standards. Additionally, the federal NLEV program became mandatory on a national basis in 2006 and Virginia's participation in the national NLEV program ceased with the 2006 model year. Subsequently, the board repealed the regulation because it is no longer effective and more restrictive federal regulations meet all of the federal statutory and regulatory requirements. Therefore, there is no longer a need for reference to this regulation in Virginia's SIP.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law. The proposal will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to the Commonwealth of Virginia SIP.

How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DEQ by the last day of the comment period. Commenters submitting faxes are encouraged to provide the signed original by postal mail within one week. All materials received are part of the public record.

To review regulation documents: The proposal and a supporting document 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, 629 East Main Street, 8th Floor, Richmond, VA, telephone (804) 698-4070,

2) Southwest Regional Office, 355 Deadmore Street, Abingdon, VA, telephone (540) 676-4800,

3) Blue Ridge Regional Office, Roanoke Location, 3019 Peters Creek Road, Roanoke, VA, telephone (540) 562-6700,

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

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

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

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

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

Contact Information: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, TDD (804) 698-4021, or email karen.sabasteanski@deq.virginia.gov.

State Implementation Plan Revision - Ozone Classification and Implementation

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

Regulations affected: The regulations of the board affected by this action are as follows: 9VAC5-20-204 (Nonattainment areas) of Part I of 9VAC5-20 and 9VAC5-30-55 (Ozone) of 9VAC5-30.

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 11, 2013, to March 13, 2013.

Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed below. In order to be considered, the request must include the full name, address, and telephone number of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice and another 30-day comment period will be conducted.

Public comment stage: The regulation amendments are exempt from the state administrative procedures for adoption of regulations contained in Article 2 of the Administrative Process Act by the provisions of § 2.2-4006 A 4 c of the Administrative Process Act because they are necessary to conform to an order of the court or are necessary to meet the requirements of the federal Clean Air Act and do not differ materially from the pertinent EPA regulations. Since the amendments are exempt from administrative procedures for the adoption of regulations, DEQ is accepting comment only on the issue cited above under "purpose of notice" and not on the content of the regulation amendments.

Description of proposal: The proposed revision will consist of amendments to existing regulation provisions concerning ozone classification and implementation in accordance with EPA regulations published on May 21, 2012 (77 FR 30088 and 77 FR 30160). The major provisions of the proposal are as follows: (i) the listing for the Northern Virginia 8-hour ozone nonattainment area in 9VAC5-20-204 has been revised in order to indicate the new classification of "marginal" for the 2008 standard, and (ii) a new subsection has been added to 9VAC5-30-55 to indicate that the 1997 8-hour ozone standard will no longer apply to an area for transportation conformity purposes one year after the effective date of the designation of the area.

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. All comments, 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/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, 629 East Main Street, 8th Floor, Richmond, VA, telephone (804) 698-4070, and

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

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 6VAC20-160, Regulations Relating to the Court-Appointed Special Advocate Program (CASA). 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 February 11, 2013, and ends on March 4, 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 Melissa O'Neill, CASA Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street, 12th Floor, Richmond, VA 23219, telephone (804) 786-6428, FAX (804) 786-3414, or email melissa.o'neill@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 EDUCATION

Notice of Comment Deadline on Regulations for the Governor's Regulatory Reform Initiative

The Virginia Department of Education is seeking public comment on the board's regulations as part of the Governor's Regulatory Reform Initiative. In order for staff to review and incorporate comments and recommendations into a presentation to the board, please submit comments by February 28, 2013.

Regulatory agencies are charged with conducting a comprehensive review of regulations currently in place and repealing regulations that are unnecessary or no longer in use; reducing unnecessary regulatory burdens on individuals, businesses, and other regulated groups; and identifying statutes that require unnecessary or overly burdensome regulations. The goal is to identify regulations that are overly burdensome and where reform is appropriate consistent with protecting the health, safety, and welfare of the people of Virginia.

A current list of the board's regulations is available at http://townhall.virginia.gov/L/ViewBoard.cfm?BoardID=93.

After reviewing the public comments, department staff will present a list of regulations recommended to be deleted or amended to the Board of Education for consideration.

The Department of Education welcomes public comment on this initiative. Comments may be submitted to boe@doe.virginia.gov. Questions regarding the Board of Education's regulations or the Governor's Regulatory Reform Initiative may be addressed to Anne Wescott by email at anne.wescott@doe.virginia.gov or telephone at (804) 225-2403.

Contact Information: Anne Wescott, Assistant Superintendent for Policy, Department of Education, P.O. Box 2120, Richmond, VA 23218, telephone (804) 225-2403, or email anne.wescott@doe.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY AND DEPARTMENT OF CONSERVATION AND RECREATION

Public Meeting and Public Comment - Implementation Plan for Impaired Shellfish Waters

The Department of Conservation and Recreation (DCR) and the Department of Environmental Quality (DEQ) seek written and oral comments from interested persons on the development of an Implementation Plan (IP) for impaired shellfish waters located in Mathews, Middlesex, and Gloucester Counties, Virginia. The sixteen tidal shellfish waters that feed into the Piankatank River and Milford Haven (Queens, Stutts, Morris, Billups, Edwards, Harper, Wilton, Healy, Cobbs, Lanes, Hudgins, Barn, Frenchs, Ferry, and Dancing Creeks) and a portion of the Upper Piankatank River are on the state's list of dirty or impaired waters. Maps of these watersheds can be found at the following link:

http://www.deq.virginia.gov/Portals/0/DEQ/Water/TMDL/ImplementationPlans/Drafts/piankatanklanduse.pdf

The shellfish harvesting in these waters has been restricted due to excessive bacteria levels. The TMDL studies for most of these waters can be found on the DEQ website under the "Approved TMDL Reports" section as: pianka.pdf, pianharp.pdf and gwynnisl.pdf. (See http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMDLReports.aspx).

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.

The content of the draft plan, including corrective actions necessary to reduce bacteria levels and improve water quality in these tidal creeks will be the subject of a public meeting to be held February 27, 2013, from 6 p.m. to 8 p.m. at the Mathews High School, 9889 Buckley Hall Road, Mathews, VA 23109. The implementation plan has been under development for the past nine months, including a series of local meetings and input from local citizens and government agencies. Comments on the draft plan will be accepted through March 27, 2013. A copy of the draft plan can be found the day after the public meeting at: http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDL
Implementation/TMDLImplementationPlans.aspx.

Questions or information requests should be addressed to May Sligh, Department of Conservation and Recreation, Tappahannock Regional Office, telephone (804) 443-1494, and email may.sligh@dcr.virginia.gov. Though email comments are preferred, written comments and inquiries can also be submitted and should include the name, address, and telephone number of the person submitting the comments. Please send to May Sligh, Department of Conservation and Recreation, Tappahannock Regional Office, P.O. Box 1425, Tappahannock, VA 22560.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Consent Order for Greensville County Water & Sewer Authority

An enforcement action has been proposed for the Greensville County Water & Sewer Authority for alleged violations at the Three Creek wastewater treatment plant on 428 Moonlight Road, Emporia, 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) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from February 11, 2013, to March 13, 2013.

Public Meeting and Public Comment - Study to Restore Water Quality in the Little Otter River Watershed and the Buffalo Creek Watershed

Public meeting: Bedford Library, 321 N. Bridge Street, on Wednesday, February 20, 2013, from 6:30 p.m. to 8:30 p.m. Directions: From 460 East: Take Bedford exit and veer right onto Main Street. Continue straight through two stop lights. At the third light, turn right onto N. Bridge Street, turn left at the next light (Bedford Avenue) and right onto Robinson Way. The parking lot is accessed from Bedford Avenue via Robinson Way.

From 460 West: Take the Bedford exit and continue straight on Main Street At the first stop light, turn left onto Bedford Avenue. This road will veer to the right and before the next stop light, turn left onto Robinson Way. The parking lot is accessed from Bedford Avenue via Robinson Way. Address: 321 N. Bridge Street, Bedford, VA 24523.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) announces a public meeting to discuss the results of a study to restore water quality in the Little Otter River watershed and the Buffalo Creek watershed.

Description of study: Virginia agencies are working to identify sources of biological impairment (general standard) in the Little Otter watershed and the Buffalo Creek watershed. The general standard indicates the water quality does not support a natural aquatic invertebrate community.

The following is the "impaired" stream, the length of the impaired segment, the location, and the reason for the impairment: Johns Creek, 2.13 miles, Bedford City and Bedford County, general standard (aquatic invertebrate community); Little Otter River, 21.62 miles, Bedford City and Bedford County, general standard (aquatic invertebrate community); Wells Creek, 3.78 miles, Bedford County, general standard (aquatic invertebrate community); Buffalo Creek, 8.09 miles, Bedford and Campbell Counties, general standard (aquatic invertebrate community).

DEQ, in cooperation with the Virginia Department of Conservation and Recreation and other state and local agencies, developed a total maximum daily load (TMDL) study for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, contamination levels have to be reduced to the TMDL amount.

How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting and be received by March 22, 2013. DEQ also accepts written and oral comments at the public meeting announced in this notice.

Contact: For additional information or to submit comments, contact Mary Dail in the Virginia Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, telephone (540) 562.6715, or email mary.dail@deq.virginia.gov.

Additional information is also available on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment.aspx.

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 16, 2013. 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 (13)

Virginia Lottery's "2013 Super Teacher Awards Contest" Final Requirements for Game Operation (effective January 4, 2013)

Director's Order Number Two (13)

Virginia's Instant Game Lottery 1394 "Good Deal" Final Rules for Game Operation (effective January 4, 2013)

Director's Order Number Three (13)

Virginia's Instant Game Lottery 1420 "Daily Crossword" Final Rules for Game Operation (effective January 14, 2013)

Director's Order Number Five (13)

Virginia's Instant Game Lottery 1412 "$" Final Rules for Game Operation (effective January 14, 2013)

Director's Order Number Fourteen (13)

Virginia's On-Line Game "Fast Play Find The 9's" Final Rules for Game Operation (effective January 11, 2013)

Director's Order Number One Hundred Sixteen (12)

"Mid-Atlantic Convenience Stores (t/a Uppy's/Circle K) Buy $10/Get $1 Free Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (effective December 6, 2012)

Director's Order Number One Hundred Thirty-Six (12)

"Monopoly Ticket Dispenser" Virginia Lottery Retailer Incentive Program Requirements (effective December 20, 2012)

Director's Order Number One Hundred Forty (12)

"Fas Mart/VA Lottery Coffee Travel Mug Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (effective December 8, 2012)

Director's Order Number One Hundred Forty-Two (12)

Virginia's Instant Game Lottery 1393 "Monopoly^TM" Final Rules for Game Operation (effective December 20, 2012)

Director's Order Number One Hundred Forty-Six (12)

"You Activate We Pay" Virginia Lottery Retailer Incentive Program Requirements (effective December 20, 2012)

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Notice of Intent to Amend the Virginia State Plan for Medical Assistance (pursuant to § 1902(a)(13) of the Act (USC 1396a(a)(13)))

The Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to amend the Virginia State Plan for Medical Assistance to provide for changes to the Methods and Standards for Establishing Payment Rates-Other Types of Care (12VAC30-80). 12VAC30-80 is being amended to increase rates for Medicaid primary care services furnished by eligible physicians in calendar years 2013 and 2014 as directed by the Affordable Care Act. Qualifying physicians are Medicaid participating physicians who attest to being primary care physicians. DMAS intends to make supplemental payments to qualifying physicians equal to the Medicare rates specified in federal regulations. DMAS estimates the rate increase will expend $35.3 million in federal funds in state fiscal year 2013 and $73.3 million in federal funds in state fiscal year 2014.

This notice is intended to satisfy the requirements of 42 CFR 447.205 and of § 1902(a)(13) of the Social Security Act, 42 USC § 1396a(a)(13). A copy of this notice is available for public review from William Lessard, Provider Reimbursement Division, Department of Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219, and this notice is available for public review on the Regulatory Town Hall (www.townhall.com). Comments or inquiries may be submitted, in writing, within 30 days of this notice publication to Mr. Lessard and such comments are available for review at the same address.

Contact Information: Brian McCormick, Regulatory Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-8856, FAX (804) 786-1680, TDD (800) 343-0634, or email brian.mccormick@dmas.virginia.gov.

STATE WATER CONTROL BOARD

Amendment of Water Quality Management Planning Regulation

Notice of action: The State Water Control Board (board) is considering the amendment of the regulation on water quality management planning in accordance with the Public Participation Procedures for Water Quality Management Planning. A regulation is a general rule governing people's rights or conduct that is upheld by a state agency.

Purpose of notice: The board is seeking comments through the Department of Environmental Quality on the proposed amendment. The purpose of the amendment to the state's Water Quality Management Planning Regulation (9VAC25-720) is to adopt three total maximum daily load (TMDL) waste load allocations and one TMDL modification.

Public comment period: February 11, 2013, through March 12, 2013.

Description of proposed action: DEQ staff will propose amendments of the state's Water Quality Management Planning regulation for the New River Basin (9VAC25-720-130 A), Chesapeake Bay-Small Coastal-Eastern Shore Basin (9VAC25-720-110 A), and Tennessee/Big Sandy River Basin (9VAC25-720-90 A). Statutory authority for promulgating these amendments can be found in § 62.1-44.15(10) of the Code of Virginia.

Staff intends to recommend 1) that the board approve the TMDL reports and modification as the plan for the pollutant reductions necessary for attainment of water quality goals in the impaired segments, 2) that the board authorize inclusion of the TMDL reports and TMDL modification in the appropriate Water Quality Management Plan, and 3) that the board adopt three TMDL waste load allocations and one TMDL modification as part of the state's Water Quality Management Planning Regulation in accordance with § 2.2-4006 A 4 c and § 2.2-4006 B of the Code of Virginia.

The TMDL reports and modification were developed in accordance with federal regulations (40 CFR 130.7) and are exempt from the provisions of Article II of the Virginia Administrative Process Act. The reports were subject to the TMDL public participation process contained in DEQ's Public Participation Procedures for Water Quality Management Planning. The public comment process provides the affected stakeholders an opportunity for public appeal of the TMDL. EPA approved the TMDLs and modification presented under this public notice. The approved reports can be found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMDLReports.aspx.

Affected Waterbodies and Localities:

In the New River Basin (9VAC25-720-130 A):

1. "Total Maximum Daily Load (TMDL) Development Little River Watershed, Virginia"

• The Little River Watershed TMDL, located in Floyd, Franklin, Montgomery, Patrick, and Pulaski counties, provides sediment reductions for the watershed. It provides one wasteload allocation for sediment in the entire watershed and the wasteload allocation is 116.49 tons/year of sediment.

In the Chesapeake Bay-Small Coastal-Eastern Shore Basin (9VAC25-720-110 A):

2. "Total Maximum Daily Loads of Pathogens for Folly Creek in Accomack County, Virginia"

• The Folly Creek Dissolved Oxygen impairment, located in Accomack County, proposes Total Nitrogen reductions for portions of the watershed and provides a Total Nitrogen wasteload allocation of 2.6 lbs/day.

3. "Total Maximum Daily Loads of DO and Pathogens for Gargathy Creek (Upper, Lower, and Riverine Portions) in Accomack County, Virginia"

• The Gargathy Creek Dissolved Oxygen impairment, located in Accomack County, proposes Total Nitrogen reductions for portions of the watershed and provides a Total Nitrogen wasteload allocation of 1.9 lbs/day.

In the Tennessee/Big Sandy River Basin (9VAC25-720-90 A):

4. Modification to "General Standard (Benthic)Total Maximum Daily Load Development for Upper North Fork Holston River"

• The modification for the Upper North Fork Holston chloride TMDL proposes to revise the WLA to accommodate the expansion of the Town of Saltville Wastewater Treatment Plant from 0.50 million gallons per day (MGD) to 0.99 MGD. The revised waste load allocation for the watershed is 862,466 kg/year. This change in chloride load with sufficient new water to maintain the water quality standard of 230 mg/L will not increase the chloride concentration or decrease water quality.

How to comment: The DEQ accepts written comments by email, fax, and postal mail. All written comments must include the full name, address, and telephone number of the person commenting and be received by DEQ by 5 p.m. on the last day of the comment period.

How a decision is made: After comments have been considered, the board will make the final decision. Citizens who submit statements during the comment period may address the board members during the board meeting at which a final decision is made on the proposal.

To review documents: The TMDL report is available on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMDLReports.aspx and by contacting the DEQ representative named below. The electronic copies are in PDF format and may be read online or downloaded.

Contact for public comments, document requests and additional information: Liz McKercher, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4291, FAX (804) 698-4116, or email elizabeth.mckercher@deq.virginia.gov.

Approval of Water Quality Management Planning Actions

Notice of action: The State Water Control Board (board) is considering the approval of two total maximum daily load implementation plans (TMDL IPs) and granting authorization to include the TMDL IPs in the appropriate Water Quality Management Plans (WQMPs).

Purpose of notice: The board is seeking comment on the proposed approvals and authorizations. The purpose of these actions is to approve two TMDL IPs as Virginia's plans for the management actions necessary for attainment of water quality goals in several impaired waterbodies. These actions are taken in accordance with the Public Participation Procedures for Water Quality Management Planning.

Public comment period: February 11, 2013, through March 12, 2013.

Description of proposed action: DEQ staff intends to recommend 1) that the DEQ Director approve the TMDL IPs listed below as Virginia's plans for the management actions necessary for attainment of water quality goals in the impaired segments and 2) that the DEQ Director authorize inclusion of the TMDL IPs in the appropriate WQMPs. No regulatory amendments are required for these TMDL IPs.

At the June 28, 2005, meeting, the board voted unanimously to delegate to the DEQ Director the authority to approve TMDL implementation plans, provided that a summary report of the action the Director plans to take is presented to the board prior to the Director's approval. The TMDL Implementation Plans included in this public notice will be approved using this delegation of authority.

The TMDLs listed below were developed in accordance with 1997 Water Quality Monitoring, Information and Restoration Act (WQMIRA, §§ 62.1-44.19:4 through § 62.1-44.19:8 of the Code of Virginia) and federal recommendations. The TMDL IPs were developed in accordance with DEQ's Public Participation Procedures for Water Quality Management Planning. Extensive public participation was solicited during the development of the plans and the public comment process provided the affected stakeholders with opportunities for comment on the proposed plans. The final TMDL IPs can be found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLImplementation/TMDLImplementationPlans.aspx .

Affected Waterbodies and Localities:

In the New River Basin:

1. "Little River Total Maximum Daily Load Implementation Plan"

• The IP proposes management actions needed to restore the natural trout and stockable trout temperature water quality standards, and reduce bacteria and sediment to restore the primary contact (swimming) and aquatic life designated uses in the Little River watershed located in Floyd and Montgomery counties.

In the York River Basin:

2. "Upper York River Basin Watershed Implementation Plan"

• The IP proposes management actions needed to reduce bacteria and restore the primary contact (swimming) use in Beaver Creek, Mountain Run, Pamunkey Creek, Plentiful Creek, and Terrys Run located in Louisa, Orange, and Spotsylvania counties.

How a decision is made: After comments have been considered, the board will make the final decision.

To review documents: The TMDL implementation plans are available on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLImplementation/TMDLImplementationPlans.aspx and by contacting the DEQ representative named below. The electronic copies are in PDF format and may be read online or downloaded.

Contact for public comments, document requests, and additional information: Liz McKercher, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4291, FAX (804) 698-4116, or email elizabeth.mckercher@deq.virginia.gov.

Approval of Water Quality Management Planning Actions

Notice of action: The State Water Control Board (board) is considering the approval of ten total maximum daily load (TMDL) reports and one TMDL modification, and granting authorization to include the TMDL reports in the appropriate Water Quality Management Plans (WQMPs).

Purpose of notice: The board is seeking comment on the proposed approvals and authorizations. The purpose of these actions is to approve ten TMDL reports and one TMDL modification as Virginia's plans for the pollutant reductions necessary for attainment of water quality goals in impaired waterbodies. These actions are taken in accordance with the Public Participation Procedures for Water Quality Management Planning.

Public comment period: February 11, 2013, through March 12, 2013.

Description of proposed action: DEQ staff intends to recommend 1) that the DEQ Director approve the TMDL reports and TMDL modification listed below as Virginia's plans for the pollutant reductions necessary for attainment of water quality goals in the impaired segments and 2) that the DEQ Director authorize inclusion of the TMDL reports and TMDL modification in the appropriate WQMPs. No regulatory amendments are required for these TMDLs and their associated waste load allocations.

At the December 2, 2004, meeting, the board voted unanimously to delegate to the DEQ director the authority to approve TMDLs that do not include waste load allocations requiring regulatory adoption by the board, provided that a summary report of the action the director plans to take is presented to the board prior to the director approving the TMDL reports. The TMDLs included in this public notice will be approved using this delegation of authority.

The TMDLs listed below were developed in accordance with federal regulations (40 CFR 130.7) and are exempt from the provisions of Article 2 of the Virginia Administrative Process Act. The TMDLs have been through the TMDL public participation process contained in DEQ's Public Participation Procedures for Water Quality Management Planning. The public comment process provides the affected stakeholders an opportunity for public appeal of the TMDLs. The Environmental Protection Agency approved all TMDL reports presented under this public notice. The approved reports can be found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMDLReports.aspx .

Affected Waterbodies and Localities:

In the New River Basin:

1. "Bacteria TMDL Development for Mill Creek, Cove Creek, Miller Creek, Stony Fork, Tate Run, South Fork Reed Creek, and Reed Creek in Wythe County, Virginia"

• 12 bacteria TMDLs, located in Wythe County, propose bacteria reductions for portions of the watersheds to address primary contact (swimming) use.

2. "Bacteria, Benthic, and Temperature TMDLs in the Little River Watershed of Floyd and Montgomery Counties, Virginia"

• 1 bacteria TMDL and 8 temperature TMDLs, located in Floyd, Franklin, Montgomery, Patrick, and Pulaski counties, propose bacteria and temperature reductions for portions of the watersheds to address primary contact (swimming) and aquatic life uses.

In the James River Basin:

3. "Bacteria TMDL Development for Rockfish River, North Fork Rockfish River, and South Fork Rockfish River in Nelson County and Albemarle County, Virginia"

• 3 bacteria TMDLs, located in Nelson and Albemarle counties, propose bacteria reductions for portions of the watersheds to address primary contact (swimming use) impairments.

4. "E. Coli TMDL Development for Chickahominy River and Tributaries, VA"

• 1 bacteria TMDL, located in Hanover, Charles City, New Kent, and Henrico counties, proposes bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments.

In the Chowan River Basin:

5. "Bacteria Total Maximum Daily Load Development for Three Creek, Flat Swamp, Tarrara Creek, Mill Swamp, and Darden Mill Run in Southampton, Sussex, Greensville, Brunswick Counties, VA"

• 7 bacteria TMDLs, located in Southampton, Sussex, Brunswick and Greensville counties, proposes bacteria reductions for portions of the watersheds to address the primary contact (swimming) use.

In the Chesapeake Bay-Small Coastal-Eastern Shore Basin:

6. "Total Maximum Daily Loads of Pathogens for Finney Creek in Accomack County, Virginia"

• 2 bacteria TMDLs, located in Accomack County, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments.

7. "Total Maximum Daily Loads of DO and Pathogens for Gargathy Creek (Upper, Lower, and Riverine Portions) in Accomack County, Virginia"

• 1 bacteria TMDL, located in Accomack County, proposes bacteria reductions for portions of the watershed to address the primary contact (swimming use) impairment.

8. "Total Maximum Daily Loads of Pathogens for Unnamed Tributary to Pitts Creek in Accomack County, Virginia"

• 1 bacteria TMDL, located in Accomack County, proposes bacteria reductions for portions of the watershed to address the primary contact (swimming use) impairment.

In the Tennessee/Big Sandy River Basin:

9. "TMDL Development, Middle Clinch River Watershed, VA"

• 6 bacteria TMDLs, located in Tazewell and Russell counties, propose bacteria reductions for portions of the watershed to address the primary contact (swimming use) impairments.

10. "TMDL Development, North Fork Holston River Watershed, VA"

• 1 temperature TMDL and 5 bacteria TMDLs, located in Bland, Tazewell, Smyth, Washington, and Scott counties, propose bacteria reductions for portions of the watershed to address the primary contact (swimming use) and aquatic life use impairments.

In the York River Basin:

11. Modification to "Bacteria Total Maximum Daily Load Development for the Pamunkey River Basin"

• 11 bacteria TMDLs, located in Albemarle, Caroline, Fluvanna, Goochland, Hanover, King William, Louisa, New Kent, Orange, and Spotsylvania counties propose bacteria reductions to address the primary contact (swimming use) impairments.

How to comment: DEQ accepts written comments by email, fax, and postal mail. All written comments must include the full name, address, and telephone number of the person commenting and be received by DEQ by 5 p.m. on the last day of the comment period.

How a decision is made: After comments have been considered, the board will make the final decision.

To review documents: The TMDL reports and TMDL implementation plans are available on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/
TMDLDevelopment/ApprovedTMDLReports.aspx and by contacting the DEQ representative named below. The electronic copies are in PDF format and may be read online or downloaded.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North 9th Street, 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/.

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.

GENERAL NOTICESVol. 29 Iss. 12 - February 11, 2013

GENERAL NOTICES
Vol. 29 Iss. 12 - February 11, 2013