GENERAL NOTICES/ERRATA
Vol. 29 Iss. 24 - July 29, 2013

GENERAL NOTICES/ERRATA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Water Quality Total Maximum Daily Load Study of the Maury River and Tributaries

Public meetings: Two meetings will be hosted at two convenient locations within the Maury watershed. The first will be held Tuesday, August 6, 2013, at 7 p.m. at the Buena Vista City Council Chambers at 2039 Sycamore Avenue, Buena Vista, VA 24416. The second will be held Wednesday, August 7, 2013, at 7 p.m. at the Effinger Volunteer Fire Department, 2824 Collierstown Road, Lexington, VA 24450. All meetings are open to the public and all are welcome.

Purpose of notice: The Department of Environmental Quality (DEQ), its contractors, Virginia Tech's Biological Systems Engineering Department, and the Technical Advisory Committee, made up of local landowners and interested parties, will present the development of a water quality study known as a total maximum daily load (TMDL) for the Maury River and its tributaries, including Cedar Creek, North Fork and South Fork Buffalo Creek, the mainstem of Buffalo Creek, and Colliers Creek. This is an opportunity for local residents to learn more about the water quality study and find out how they can help. A public comment period will follow the meetings (August 6, 2013, through September 6, 2013).

Meeting description: Two public meetings will be held to introduce to the local community the water quality improvement process in Virginia, known as the TMDL Process, review the work of the Technical Advisory Committee, solicit their input, and review the next steps. 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.

Description of study: Several streams in the Maury River watershed do not meet Virginia's water quality standards due to excessive bacteria and have been placed on the 2006, 2008, and 2010 303(d) TMDL Priority List and Report as impaired. The bacteria standard preserves the "Primary Contact (recreational or swimming)" designated use for Virginia waterways. Excessive bacteria levels may pose a threat to human health. This water quality study reports on the sources of bacterial contamination and recommends reductions to meet TMDLs 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, bacterial levels need to be reduced to the TMDL amount. Virginia agencies are working to identify sources of bacterial contamination in the Mary River and its tributaries, including the following waterways:

Stream

County

Length (miles)

Impairment

Colliers Creek

Rockbridge

13.77 mi

Bacteria
(E. coli)

North Fork Buffalo Creek

Rockbridge

7.28 mi

South Fork Buffalo Creek

Rockbridge

13.24 mi

Buffalo Creek

Rockbridge

15.51 mi

Maury River

Buena Vista and Rockbridge

12.84 mi

Cedar Creek

Rockbridge

11.49

In addition, Colliers Creek does not host a healthy and diverse population of aquatic life, and subsequently was listed as impaired for the "General Benthic (Aquatic life)" water quality standard. This water quality TMDL study reviewed all data collected and determined the cause of the benthic impairment as sediment through a weight of evidence approach. Reductions and a TMDL for sediment were developed.

Stream

County

Length (miles)

Impairment

Colliers Creek

Rockbridge

13.77 mi

Aquatic Life

How to comment: The public comment period for these public meetings will end on September 6, 2013. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to: Tara Sieber, Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7870, FAX (540) 574-7878, or email tara.sieber@deq.virginia.gov.

Total Maximum Daily Load Studies in Red Bank Creek and a Portion of Machipongo River, Located in Northampton and Accomack Counties

The Virginia Department of Environmental Quality (DEQ) will host a public meeting on water quality studies for Red Bank Creek and a portion of Machipongo River, located in Northampton and Accomack Counties, on Thursday August 15, 2013.

The meeting will start at 6:30 p.m. at the Northampton Free Library located at 7745 Seaside Road, Nassawadox, VA 23413. The purpose of the meeting is to provide information and discuss the final total maximum daily load (TMDL) studies with community members and local government.

Red Bank Creek (Enterococci, E. coli, Fecal coliform, Dissolved oxygen), and Machipongo River (Enterococci), were identified in Virginia's 2010 Water Quality Assessment and Integrated Report as impaired due to violations of the State's water quality standards for recreation bacteria, dissolved oxygen, and shellfish consumption bacteria and do not support the designated uses. The Red Bank Creek watershed includes both riverine and tidal portions of the creek. The Machipongo River watershed only includes the area of the stream covered from the end of tidal waters downstream to 0.5 mile south of Route 182.

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 and subsequent Water Quality Assessment Reports.

During the study, DEQ developed a TMDL 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, pollutant levels have to be reduced to the TMDL amount. The Virginia Department of Environmental Quality and the Virginia Department of Health are working to identify the sources of pollution in the watersheds of these streams.

The public comment period on materials presented at this meeting will extend from August 9, 2013, through September 9, 2013. For additional information or to submit comments, contact Jennifer Howell, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, telephone (757) 518-2111, or email jennifer.howell@deq.virginia.gov.

Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

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 July 9, 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 Fifty-Four (13)

"Redskins Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (effective June 25, 2013)

Director's Order Number Fifty-Five (13)

"25 Grand Years Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (effective June 25, 2013)

Director's Order Number Sixty-One (13)

Virginia Lottery's "Play For Keeps Sweeps" Final Rules for Operation (effective June 27, 2013)

DEPARTMENT OF MOTOR VEHICLES

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Motor Vehicles (DMV) has conducted a small business impact review of 24VAC20-110, T&M Vehicle, Trailer, and Motorcycle Dealer Advertising Practices and Enforcement Regulations, and determined that this regulation should be retained in its current form. DMV is publishing its report of findings dated May 31, 2013, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

DMV did not receive any comments during the comment period indicating a need to repeal or amend the regulation to minimize the economic impact on small businesses. DMV informally solicited comments from stakeholders directly prior to publication of the Notice of Periodic Review. The informal solicitation of comments focused on whether there is a continued need for the regulation and to ensure that the regulation minimizes the economic impact on small businesses. It is always DMV's goal to provide stakeholders with ample opportunity for input so the regulation was sent to stakeholders well in advance of the beginning of the review to obtain input. DMV received one comment during the informal solicitation for comments; however, the commenter did not address economic impact on his business.

DMV has determined to retain the regulation at this time pending the Motor Vehicle Dealer Board's revisions to its regulation. DMV has not received any complaints regarding the existing regulation. DMV has determined that the regulation is not overly complex and mirrors the Code of Virginia. DMV has also determined that the regulation does not overlap, or conflict with federal or state law or regulation. Many items within the regulation are included in the statutes. DMV considered the degree to which technology, economic conditions, or other factors have changed in the area affected by the regulation, and has determined that no changes are necessary at this time

Contact Information: 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.

STATE WATER CONTROL BOARD

Proposed Consent Order for ASB Greenworld, Inc.

An enforcement action has been proposed for ASB Greenworld, Inc. for alleged violations at the facility located at 643 Airport Road, Mattaponi, Virginia. The consent order requires corrective action and 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 to Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from July 29, 2013, to August 29, 2013.

Proposed Consent Order for the Town of Coeburn

An enforcement action has been proposed for the Town of Coeburn for violations in Wise County. The proposed consent order addresses violations of the State Water Control Law and VPDES Permit No. VA0061743 at the Sheffield Acres Sewage Treatment Plant. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Ralph T. Hilt will accept comments by email at ralph.hilt@deq.virginia.gov, FAX (276) 676-4899, or postal mail to Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, from July 30, 2013, to August 28, 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/connect/commonwealth-calendar.

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/documents/cumultab.pdf.

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 CORPORATION COMMISSION

Title of Regulation: 21VAC5-80. Investment Advisors.

Publication: 29:20 VA.R. 2507 June 3, 2013

Correction to Final Regulation:

Page 2507, 21VAC5-80-170 F, clause (i), beginning on line 5:

Immediately following "(i)" replace "the" with "[ the ]"

After "advisor" replace "representative" with "[ representative representatives ]"

Before "in compliance" replace "is" with "are"

After "statutory" change "provision" to "[ provision provisions ]"

VA.R. Doc. No. R13-3073; Filed July 10, 2013, 9:47 a.m.