GENERAL NOTICES/ERRATA
Vol. 29 Iss. 17 - April 22, 2013

GENERAL NOTICES/ERRATA

STATE AIR POLLUTION CONTROL BOARD

State Implementation Plan - Proposed Revision - § 110(a)(2) Infrastructure SIP for Nitrogen Dioxide

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed plan to assure necessary authorities are contained in the state implementation plan (SIP) to allow areas to attain and maintain the national ambient air quality standard (NAAQS) for nitrogen dioxide (NO2). The Commonwealth intends to submit the plan as a revision to the Commonwealth of Virginia 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.

Purpose of notice: DEQ is seeking comment on the issue of whether the plan demonstrates the Commonwealth's compliance with federal Clean Air Act requirements related to general state plan infrastructure for controlling NO2.

Public comment period: April 22, 2013, to May 22, 2013.

Public hearing: A public hearing will 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 and address 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.

Description of proposal: The proposed revision will consist of a demonstration of compliance with the general requirements of § 110(a)(2) of the federal Clean Air Act for the 2010 NO2 NAAQS.

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. 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. All information received is 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, 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 Boulevard, Virginia Beach, VA, telephone (757) 518-2000.

Contact Information: Doris A. McLeod, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4197, FAX (804) 698-4510, TDD (804) 698-4021, or email doris.mcleod@deq.virginia.gov.

DEPARTMENT OF CONSERVATION AND RECREATION

Total Maximum Daily Load for Cripple Creek

The Department of Conservation and Recreation (DCR) will host a public meeting to discuss the development of a water quality improvement plan for reducing fecal bacteria contamination in Cripple Creek within Smyth and Wythe Counties, Virginia. The purpose of the meeting is to provide an overview of the process for developing the plan and solicit feedback from local stakeholders regarding the residential and agricultural land uses and practices that are needed in order to improve water quality.

The public meeting will be held at the Speedwell Elementary School located at 6820 Cedar Springs Road in Speedwell, VA, on April 30, 2013, from 6:30 p.m. to 8:30 p.m.

Fecal bacteria levels in Cripple Creek do not meet the state bacteria water quality standard designed to protect the recreational use (e.g., swimming, wading, kayaking, etc.) of this stream. Due to this water quality impairment, a total maximum daily load (TMDL) for fecal bacteria has been developed by the Virginia Department of Environmental Quality. A TMDL describes the amount of pollution that a water body can take in and still meet water quality standards. The bacteria TMDL study for Cripple Creek was completed in September 2009. The Bacteria TMDL Development for Cripple Creek study report can be found on DEQ's website at: http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/newrvr/crippleec.pdf.

Section 62.1-44.19:7 C of the Code of Virginia requires the development of a plan for water bodies that have approved TMDLs, that when implemented, will result in the achievement of TMDLs and attainment of water quality standards. The Virginia Department of Conservation and Recreation has been authorized to develop water quality improvement plans to implement TMDLs (called a TMDL Implementation Plan or an IP). An IP must provide measurable goals and the date of expected achievement of water quality objectives. An IP must also contain the corrective actions needed to attain the water quality standard(s) and their associated costs, benefits, and environmental impacts.

Questions or information requests should be addressed to Patrick Lizon, TMDL/Watershed Field Coordinator, Department of Conservation and Recreation, 355 Deadmore Street, Abingdon, VA 24210, telephone (276) 676-5529, or email patrick.lizon@dcr.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Total Maximum Daily Load for Bull Creek, Levisa Fork, North and South Fork Pound River, and Powell River

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

Public meeting location: Department of Environmental Quality, Southwest Regional Office, 355 Deadmore Street, Abingdon, VA, on April 25, 2013, from 6 p.m. to 8 p.m.

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

Meeting description: Final public meeting on the phased revisions to the TMDLs.

Description of study: DEQ and DMME have been working to identify sources pollutants affecting the aquatic organisms in the waters of Bull Creek, Levisa Fork, North and South Pound River, and Powell River. During the development of the studies the pollutants impairing the aquatic community were identified and total maximum daily loads (TMDLs) were developed for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, contamination levels must be reduced to the TMDL amount.

How a decision is made: The phased revision of a TMDL includes public meetings and a public comment period once the study report is drafted. After public comments have been considered and addressed, DEQ will submit the revised TMDL report to the U.S. Environmental Protection Agency for approval.

How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period, April 25, 2013, to May 25, 2013. DEQ also accepts written and oral comments at the public meeting announced in this notice.

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

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

DEPARTMENT OF MOTOR VEHICLES

Notice of Periodic and Small Business Impact Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Motor Vehicles is conducting a periodic and small business impact review of:

1. 24VAC20-40, Rules and Regulations on Accident Prevention Courses for Older Drivers

2. 24VAC20-110, T&M Vehicle, Trailer, and Motorcycle Dealer Advertising Practices and Enforcement Regulations

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 these regulations should be terminated, amended, or retained in their current form. Public comment is sought on the review of any issue relating to these regulations, including whether the regulations (i) are necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimize the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) are clearly written and easily understandable.

The comment period begins April 22, 2013, and ends May 13, 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 K. Velazquez, Senior Policy Analyst, 2300 West Broad Street, Richmond, VA 23269, telephone (804) 367-1844, FAX (804) 367-4336, or email melissa.velazquez@dmv.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 and small business impact review will be posted on the Town Hall and published in the Virginia Register of Regulations.

STATE WATER CONTROL BOARD

Proposed Consent Order for the County of Charles City

Enforcement actions have been proposed for the County of Charles City for violations that occurred at County of Charles City Administration Building WWTF, Charles City, Virginia; the County of Charles City Hideaway STP; the County of Charles City Mt. Zion and Rustic WTP; the County of Charles City Roxbury Industrial Center WWTP; and the County of Charles City Ruthville WWTP. The State Water Control Board proposes to issue consent special orders with a civil penalty and a Supplemental Environmental Project (SEP) to the County of Charles City to address noncompliance with State Water Control Board law. A description of the proposed actions is available at the DEQ office named below or online at www.deq.virginia.gov. Kyle Ivar Winter, P.E., will accept comments by email at kyle.winter@deq.virginia.gov, FAX at (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from April 22, 2013, to May 24, 2013.

Proposed Consent Order for Coeburn-Norton-Wise Regional Waste Water Treatment Authority

An enforcement action has been proposed for the Coeburn-Norton-Wise Regional Waste Water Treatment Authority for violations in Wise County. The proposed consent order addresses violations of the State Water Control Law and VPDES Permit No. VA0077828 at the Coeburn-Norton-Wise Regional Wastewater Treatment Plant. The consent order contains a schedule for upgrade/expansion of the Coeburn-Norton-Wise Regional 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. Ralph Hilt will accept comments by email at ralph.hilt@deq.virginia.gov, FAX at (276) 676-4899, or postal mail at Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, from April 23, 2013, to May 23, 2013.

Proposed Consent Order for George's Chicken, L.L.C.

An enforcement action has been proposed for George' Chicken, L.L.C. (Edinburg plant) for violations in Shenandoah County. A proposed consent order describes a settlement to resolve permit effluent limitation violations at its 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.  Steven W. Hetrick will accept comments by email at steven.hetrick@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 22801, from April 22, 2013, to May 22, 2013.

Proposed Consent Order for the Holtzman Oil Corporation

An enforcement action has been proposed for the Holtzman Oil Corporation for alleged violations in Loudoun County. The action seeks to resolve the unauthorized discharge of oil to state waters. The consent order describes a settlement to resolve these violations. 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 at (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from April 23, 2013, through May 23, 2013.

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.

ERRATA

STATE WATER CONTROL BOARD

Title of Regulation: 9VAC25-193. General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Concrete Products Facilities.

Publication: 29:16 VA.R. 1993-2017 April 8, 2013.

Correction to Final Regulation:

Page 1997, 9VAC25-193-60 C 17, line 3, delete "9VAC25-70" and insert "9VAC25-193"

VA.R. Doc. No. R12-3072