GENERAL NOTICES/ERRATA
Vol. 30 Iss. 5 - November 04, 2013

GENERAL NOTICES/ERRATA

DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES

Notice of Periodic Review 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 for Aging and Rehabilitative Services is conducting a periodic review and small business impact review of 22VAC30-50, Policies and Procedures for Administering the Commonwealth Neurotrauma Initiative Trust Fund. The review of this regulation will be guided by the principles in Executive Order 14 (2010).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 November 4, 2013, and ends December 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 Vanessa S. Rakestraw, Regulatory Coordinator, 8004 Franklin Farms Drive, Henrico, VA 23229, FAX (804) 662-7663, or email vanessa.rakestraw@dars.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 both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Total Maximum Daily Load Implementation Plan for Clinch River and Tributaries in Russell and Tazewell Counties

Announcement of a public meeting to present a draft total maximum daily load (TMDL) implementation plan for Clinch River from Big Cedar Creek confluence downstream to the Dumps Creek confluence and the following tributaries: Maiden Spring Creek and Little River in Tazewell County, Virginia, and Indian Creek, Weaver Creek, Swords Creek, Lewis Creek, and Big Cedar Creek in Russell County, Virginia.

Public meeting location: Lebanon Town Hall, 405 West Main Street, Lebanon, Virginia, on November 5, 2013, from 6 p.m. to 8 p.m.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) is announcing the final implementation plan to restore water quality, a public comment opportunity, and a public meeting.

Meeting description: Final public meeting on an implementation plan to restore water quality.

Description of plan: This plan follows a TMDL study developed for the Clinch River and tributaries including Maiden Spring Creek and Little River in Tazewell County, Virginia, and Indian Creek, Weaver Creek, Swords Creek, Lewis Creek, and Big Cedar Creek in Russell County, Virginia that identified bacteria contamination as the cause for the streams failure to meet the recreational use water quality standard.

The plan outlines the corrective actions needed to reduce the sources of bacteria and their associated costs and benefits, along with measurable goals, and an implementation timeline. The plan focuses on addressing the agricultural, residential, and urban sources of bacteria identified in the TMDL study.

How a decision is made: The development of a TMDL and a TMDL implementation plan 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 implementation plan to the State Water Control Board 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, November 4, 2013, to December 4, 2013. DEQ also accepts written and oral comments at the public meeting announced in this notice.

To review fact sheets: Fact sheets are available for the impaired waters from the contacts below or on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs.aspx.

Contact for additional information: Martha Chapman, TMDL Coordinator, Virginia Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, telephone (276) 676-4800, FAX (276) 676-4899, or email martha.chapman@deq.virginia.gov.

Total Maximum Daily Load for Crab Creek in Montgomery County

The Department of Environmental Quality (DEQ) will host a public meeting to discuss the development of a water quality improvement plan for reducing fecal bacteria contamination and excessive sediment accumulation in Crab Creek within Montgomery County, Virginia. The purposes of the meeting are to review the status of water quality in Crab Creek, provide an overview of the plan development process, and begin discussions about actions needed to reduce agricultural, residential, and urban sources of fecal bacteria and sediment.

The public meeting will be held at the Montgomery County Government Center located at 755 Roanoke Street, Christiansburg, VA on November 12, 2013, from 7 p.m. to 9 p.m.

Fecal bacteria (e.g., E. coli) levels in Crab Creek exceed state water quality standards designed to protect primary contact recreation (e.g., swimming, wading, kayaking, etc.). Additionally, Crab Creek does not meet Virginia's general standard for water quality due to an excessive accumulation of sand, silt, and clay on the streambed that is harmful to aquatic life. Due to these water quality impairments, total maximum daily loads (TMDLs) for E. coli and sediment have been developed by DEQ. A TMDL describes the amount of pollution that a water body can receive and still meet water quality standards. The E. coli and sediment TMDL study for Crab Creek was completed in 2004. The Fecal Bacteria and General Standard TMDL Development for Crab Creek document can be located on DEQ's website at http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/newrvr/crabcr.pdf.

Sections 62.1-44.19:4 through 62.1-44.19:8 of the Code of Virginia direct DEQ to develop and implement a plan to achieve full support of the designated uses (e.g. primary contact recreation, aquatic life) of impaired waters. These plans, referred to as TMDL implementation plans (IPs) must provide measurable goals and the date of expected achievement of water quality objectives. An IP must also contain the corrective actions needed and their associated costs, benefits, and environmental impacts.

Questions or information requests should be addressed to Patrick Lizon, TMDL/Watershed Field Coordinator, Virginia Department of Environmental Quality, 355-A Deadmore Street, Abingdon, VA 24210, telephone (276) 676-4803, or email patrick.lizon@deq.virginia.gov.

Total Maximum Daily Load for Tye River Watershed in Nelson County

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of a total maximum daily load (TMDL) implementation plan for the Tye River watershed in Nelson County. The Tye River and its tributaries, Piney River, Hat Creek, and Rucker Run, were first listed as impaired on Virginia's § 303(d) TMDL Priority List and Report due to violations of the state's water quality standard for bacteria in 2004 (Hat Creek and Rucker Run), 2006 (Tye River), and 2008 (Piney Creek). The creeks have remained on the § 303(d) list for these impairments since then. The impaired segment of the Tye River extends from its confluence with the Piney River to its confluence with the James River (15.94 miles), while Hat Creek and Rucker Run are designated as impaired from their headwaters to their confluence with the Tye River (9.58 miles and 18.26 miles respectively). The impaired segment of the Piney River extends 13.3 miles upstream from its confluence with the Tye 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 TMDLs were completed by DEQ for the Tye River, Hat Creek, Rucker Run, and Piney River in April 2013, and were submitted to the federal Environmental Protection Agency for approval on August 16, 2013. The TMDL report is available on the DEQ website at www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.

The first public meeting on the development of this TMDL implementation plan will be held on Thursday, November 7, 2013, at 7 p.m. at the Massie's Mill Ruritan Hall, 5439 Patrick Henry Highway, Roseland, VA.

The public comment period for the first public meeting will end December 9, 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 Environmental Quality, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7850, or email nesha.mcrae@deq.virginia.gov.

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 October 7, 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, 201 North 9th Street, 2nd Floor, Richmond, VA.

Director's Order Number Seventy-Two (13)

Virginia's Online Game Lottery; "Fast Play Hallo-Win" Final Rules for Game Operation (effective on the date of its signing, August 28, 2013, and shall remain in full force and effect unless amended or rescinded by further Director's Order. Upon the effective date, these rules shall supersede and replace any and all prior Virginia Lottery "Fast Play Hallo-Win" game rules)

Director's Order Number Seventy-Eight (13)

Virginia's Online Game Lottery; "Fast Play $15,000 Payday" Final Rules for Game Operation (effective on the date of its signing, August 28, 2013, and shall remain in full force and effect unless amended or rescinded by further Director's Order. Upon the effective date, these rules shall supersede and replace any and all prior Virginia Lottery "Fast Play $15,000 Payday" game rules)

Director's Order Number Eighty-Seven (13)

Virginia Lottery's "Flyaway with the Hokies Sweepstakes" Final Rules for Operation (effective nunc pro tunc to midnight on September 2, 2013, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number Eighty-Eight (13)

Virginia Lottery's "Z-VA Promotion" Final Requirements for Operation (effective September 25, 2013)

Director's Order Number Eighty-Nine (13)

Virginia's Online Game Lottery; "Fast Play Wild Cherry Bingo" Final Rules for Game Operation (effective nunc pro tunc to September 24, 2013, and shall remain in full force and effect unless amended or rescinded by further Director's Order. Upon the effective date, these rules shall supersede and replace any and all prior Virginia Lottery "Fast Play Wild Cherry Bingo" game rules)

Director's Order Number Ninety-One (13)

Virginia's Instant Game Lottery "$100,000 Crossword" Final Rules for Game Operation (effective October 3, 2013)

Director's Order Number Ninety-Two (13)

Virginia's Instant Game Lottery 1463 "$5,000 Payday" Final Rules for Game Operation (effective October 3, 2013)

Director's Order Number Ninety-Four (13)

"Coastal Investments Redskins Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (effective on the date of its signing, September 9, 2013, and shall remain in full force and effect until ninety (90) days after the conclusion of the Incentive Program, unless otherwise extended by the Director)

Director's Order Number Ninety-Five (13)

Virginia's Instant Game Lottery "$20X the Money" Final Rules for Game Operation (effective October 3, 2013)

STATE WATER CONTROL BOARD

Proposed Enforcement Action for Montgomery County Public Service Authority

An enforcement action has been proposed for the Montgomery County Public Service Authority (PSA) regarding the PSA's wastewater treatment plant in Riner, Virginia, for violations of State Water Control Law and the applicable permit and regulations. The proposed enforcement action includes 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. Robert Steele will accept comments by email at robert.steele@deq.virginia.gov, FAX at (540) 562-6725, or postal mail at Department of Environmental Quality, 3019 Peters Creek Road, Roanoke, VA 24019, from November 5, 2013, to December 4, 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

BOARD OF HOUSING AND COMMUNITY DEVELOPMENT

Title of Regulation: 13VAC5-51. Virginia Statewide Fire Prevention Code.

Publication: 29:24 VA.R. 3252-3282 July 29, 2013.

Correction to Proposed Regulation:

Pages 3269-3270, 13VAC5-51-131, subsections D through G should read as follows:

"C. D. Change Section 314.1 to read:

314.1. General. Indoor displays constructed within any building or structure shall comply with Sections 314.2 through 314.5.

D. E. Add Section 314.5 to read:

314.5. Smokeless powder and small arms primers. Venders shall not store, display, or sell smokeless powder or small arms primers during trade shows inside exhibition halls except as follows:

1. The amount of smokeless powder displayed by each vender is limited to the amount established in Section 3306.5.1.1 5506.5.1.1.

2. The amount of smokeless powder each vender may store is limited to the storage arrangements and storage amounts established in Section 3306.5.2.1 5506.5.2.1. Smokeless powder shall remain in the manufacturer's original sealed container, and the container shall remain sealed while inside the building. The repackaging of smokeless powder shall not be performed inside the building. Damaged containers shall not be repackaged inside the building and shall be immediately removed from the building in such manner to avoid spilling any powder.

3. There shall be at least 50 feet separation between venders and 20 feet from any exit.

4. Small arms primers shall be displayed and stored in the manufacturer's original packaging and in accordance with the requirements of Section 3306.5.2.3 5506.5.2.3.

E. F. Change Section 315.3 315.4 to read:

315.3 315.4. Outside storage. Outside storage of combustible materials shall not be located within 10 feet (3048 mm) of a property line or other building on the site.

Exceptions:

1. The separation distance is allowed to be reduced to 3 feet (914 mm) for storage not exceeding 6 feet (1829 mm) in height.

2. The separation distance is allowed to be reduced when the fire official determines that no hazard to the adjoining property exists.

F. G. Change Section 315.3.1 315.4.1 to read:

315.3.1 315.4.1. Storage beneath overhead projections from buildings. To the extent required by the code the building was constructed under, when buildings are required to be protected by automatic sprinklers, the outdoor storage, display, and handling of combustible materials under eaves, canopies, or other projections or overhangs is prohibited except where automatic sprinklers are installed under such eaves, canopies, or other projections or overhangs."

VA.R. Doc. No. R12-3161; Filed October 15, 2013, 3:46 p.m.