GENERAL NOTICES/ERRATA
Vol. 30 Iss. 11 - January 27, 2014

GENERAL NOTICES/ERRATA

AIR POLLUTION CONTROL BOARD

Air Quality Monitoring Data - Proposed Exceptional Events Demonstration

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public review and comment on a proposed exceptional events demonstration showing that certain air quality monitoring data gathered during August of 2011 were affected by exceptional events. Therefore, this data should not be used to make determinations regarding National Ambient Air Quality Standards. The exceptional event was the wildfire in the Great Dismal Swamp in Suffolk, Virginia. This exceptional event impacted fine particulate matter monitoring data in the Hampton Roads area.

Purpose of notice: DEQ is seeking comments on the overall demonstration.

Public comment period: January 6, 2014, to February 14, 2014.

Description of proposal: The proposed demonstration provides meteorological information, photographs, and other evidence of air pollution generated by the wildfires. The proposed demonstration also provides evidence of the air pollution impacts on fine particulate matter monitors at various times in August of 2011 in Hampton Roads, Virginia.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 50.14).

How to comment: DEQ accepts written comments by email, facsimile transmission, 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 no later than the last day of the comment period (February 14, 2014).

To review the proposal: Please note, the information will not be available until the start of the comment period (January 6, 2014). The proposal and any supporting documents are available on the DEQ Air Monitoring Division website: http://www.deq.virginia.gov/airmon/. 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 locations:

1) Main Street Office, 8th Floor, 629 East Main Street, Richmond, VA, telephone (804) 698-4070;

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

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

The document may also be obtained by contacting the DEQ representative named below.

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

State Implementation Plan Revision - General Definitions

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 9VAC5-10, General Definitions (Revision G12).

Purpose of notice: DEQ is seeking comments on the issue of whether the regulation amendments should be submitted as revisions to the plan.

Public comment period: January 27, 2014, to February 26, 2014.

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 on 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: The proposed revision consists of adding trans-1,3,3,3-tetrafluoropropene (HFO-1234ze) to the list of substances not considered to be volatile organic compounds (VOCs) in accordance with EPA's June 22, 2012, (77 FR 37610) revision.

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 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) DEQ Main Street Office, 8th Floor, 629 East Main Street, 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 (434) 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: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4390, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.

State Implementation Plan Revision - Reasonably Available Control Technology Determination

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: January 8, 2014, to February 10, 2014.

Public hearing: Conference Room, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen VA, at 9 a.m. on February 4, 2014. 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: Mondelez Global LLC, Inc. (formerly 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 (VOCs) to the atmosphere from the Mondelez Global 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 the Virginia Administrative Code. 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 the Virginia Administrative Code and is federally enforceable upon issuance.

A permit was issued to the facility by DEQ on September 19, 2007, which contained the RACT for the control of VOC emissions and specified certain operating conditions for the facility's Oven #1 and catalytic oxidizer. In a subsequent action, the facility requested changes to the permit, including changes needed to accommodate replacement of the catalytic oxidizer with a more efficient regenerative thermal oxidizer. This change in the type of control device did not affect VOC emissions. The revised permit was issued on December 11, 2012, and submitted to EPA as a SIP revision on December 13, 2012. Since then, the permit has been updated to make it more streamlined by removing certain conditions (throughput and emission limits) and regulatory references (to malfunctions) that are not necessary to achieve the RACT requirements. These changes are in the interest of providing clarity and will not result in any change in operations or emissions increase.

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. 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.

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 Information: Jennifer Hoeffner, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 527-5123, FAX (804) 527-5106, or email jennifer.hoeffner@deq.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Enforcement Action for Naser #2 of Brookneal, LLC, d.b.a. Naruna Minit Mart

An enforcement action has been proposed for Naser #2 of Brookneal, LLC, d.b.a. Naruna Minit Mart (Naser #2), regarding the Naser #2's underground petroleum storage tanks in Brookneal, Virginia, for violations of State Water Control Law and regulations. The proposed enforcement action includes a civil charge and a schedule of compliance. 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, Roanoke Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, from January 27, 2014, to February 27, 2014.

Proposed Enforcement Action for River Ridge Association, Inc.

An enforcement action has been proposed for the River Ridge Association, Inc. (RRA) regarding the RRA's wastewater treatment plant in Bracey, 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, Roanoke Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, from January 27, 2014, to February 27, 2014.

Proposed Enforcement Action for Mr. Itemaad Salem, d.b.a. Salem and Sons No. 9

An enforcement action has been proposed for Mr. Itemaad Salem, d.b.a. Salem and Sons No. 9, regarding Mr. Salem's underground petroleum storage tanks at the convenience store on Campbell Avenue in Lynchburg, Virginia, for violations of State Water Control Law 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, Roanoke Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, from January 27, 2014, to February 27, 2014.

Proposed Enforcement Action for United States Army and BAE Systems Ordinance Systems, Inc.

An enforcement action has been proposed for the United States Army and BAE Systems Ordinance Systems, Inc. for violations of State Water Control Law and the applicable permit and regulations related to releases at the Radford Army Ammunition Plant. 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, Roanoke Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, from January 27, 2014, to February 26, 2014.

Proposed Consent Special Order for Watermark Partners, LLC

An enforcement action has been proposed for Watermark Partners, LLC for alleged violations at Watermark Subdivision, Chesterfield County, VA. The State Water Control Board proposes to issue a consent special order to Watermark Partners, LLC to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Gina Pisoni will accept comments by email at gina.pisoni@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 January 27, 2014, to February 28, 2014.

Release of the Final 2012 305(b)/303(d) Water Quality Assessment Integrated Report

The Virginia Department of Environmental Quality (DEQ) will release the Final 2012 305(b)/303(d) Water Quality Assessment Integrated Report on January 27, 2014.

The Integrated Report combines both the § 305(b) Water Quality Assessment and the § 303(d) Report on Impaired Waters. The draft report was available for public comment March 26, 2012, through April 27, 2012. Comments were received from the public and the United States Environmental Protection Agency (EPA). The report was slightly revised to address these comments and resubmitted to EPA on September 12, 2012. EPA approved the final report on December 12, 2013.

The final report, public comment response document, and map images are available for download on the website: http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityAssessments/2012305b303d
IntegratedReport.aspx
.

Copies are available at no charge on CD-ROM (limit one per person) by request via the website or via phone at (804) 698-4191. These CD-ROMs include the entire final report, all of its appendices, and a digital book of maps developed from the 2012 assessment. Due to the cost of printing, hard copies are only available by special request.

Questions regarding the report can be directed to the agency contact listed below.

Contact Information: Arthur Butt, Ph.D., Department of Environmental Quality, Office of Water Monitoring and Assessment, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4314, or email arthur.butt@deq.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Water Control Board has conducted a small business impact review of 9VAC25-101, Tank Vessel Oil Discharge Contingency Plan and Financial Responsibility Regulation, and determined that this regulation should be retained in its current form. The State Water Control Board is publishing its report of findings dated January 8, 2014, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

The primary goal of this regulation is to protect the environment from discharges of oil from tank vessels by establishing procedures and requirements for operators to respond to the threat of an oil discharge and to contain, clean up, and mitigate a discharge within the shortest feasible time, as well as demonstrate adequate financial responsibility to cover the costs of clean up and the liabilities for damages specified in the law.

The federal Oil Pollution Act of 1990 contains many of the same requirements as this regulation. State statute and regulation recognizes that an operator's compliance with the requirements of the Oil Pollution Act of 1990 complies with Virginia's statutory and regulatory requirements. This minimizes the impact that these regulations have on the regulated community, and allows for the regulated community to comply with federal requirements as they operate through multiple jurisdictions.

Any changes the board would propose to the regulations to lessen the burden on small businesses would not be realized by small businesses since they would still be required by federal law to meet existing federal requirements.

Contact Information: Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4346, or email melissa.porterfield@deq.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Water Control Board has conducted a small business impact review of 9VAC25-590, Petroleum Underground Storage Tank Financial Responsibility Requirements, and determined that this regulation should be retained in its current form. The State Water Control Board is publishing its report of findings dated January 10, 2014, to support this decision in accordance with § 2.2-4007.1 G of the Code of Virginia.

The regulation provides financial responsibility requirements and different types of financial mechanisms that may be used to cover these responsibilities. Financial assurance needs to be provided by owners/operators to ensure that owners/operators will be able to clean up any releases of petroleum that mat occur from underground storage tanks (USTs).

Virginia's regulations are based on federal regulations; however, state regulations provide more flexibility to owners/operators. State regulations allow certificate of deposits (CDs) to be used to provide financial assurance. Federal regulations do not specifically allow CDs to be used to demonstrate financial assurance; however, EPA granted Virginia approval to include the CD as an option. Virginia has established the Virginia Petroleum Storage Tank Fund (Fund) that assists owners/operators with demonstrating financial responsibility. Owners/operators use the Fund in combination with another mechanism to demonstrate financial responsibility. Without the use of the Fund, most owners/operators would be required to demonstrate as much as $1,000,000, which would be burdensome, especially on small businesses. Allowing the Fund to be used to demonstrate a portion of the owner's/operator's financial assurance greatly reduces the regulatory burden on owners/operators.

The regulations were last amended in October 2013 to include CDs as an acceptable mechanism for providing financial assurance. The addition of the option to use a CD as a mechanism for providing financial assurance benefits owners/operators by allowing them to utilize a mechanism that a third party does not charge a fee to administer. Previously, owners/operators using a letter of credit (LOC) were assessed fees from third parties to maintain this mechanism and were frequently required to have a CD with the third party in order to receive the LOC. This change revised the regulations to address changes that had occurred in the banking industry.

Contact Information: Melissa Porterfield, Office of Regulatory Affairs, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4346, or email melissa.porterfield@deq.virginia.gov.

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 WATER CONTROL BOARD

Title of Regulation: 9VAC25-740. Water Reclamation and Reuse Regulation

Publication: 30:9 VA.R. 1190-1225 December 30, 2013

Correction to Final Regulation:

Page 1200, 9VAC25-740-70 A, at the top of the page, above the row labeled "1. Level 1" insert as the table heading:

"Table 70-A

Treatment and Standards for Reclaimed Water"

Page 1200, 9VAC25-740-70 A, at the end of the table, under the row labeled "f. Total Suspended Solids (TSS)" insert the following footnotes:

"[ 1After disinfection.

2For the purpose of calculating the geometric mean, bacterial analytical results below the detection level of the analytical method used shall be reported as values equal to the detection level.

3Applies only if chlorine is used for disinfection.

4TRC less than 1.0 mg/l may be authorized by the board if demonstrated to provide comparable disinfection through a chlorine reduction program in accordance with the Sewage Collection and Treatment Regulations (9VAC25-790).

5Applies only if CBOD5 is used in lieu of BOD5.

6Where ultraviolet radiation will be used for disinfection of Level 1 reclaimed water, other turbidity standards may apply in accordance with 9VAC25-740-110 A 2 a. ]"

Page 1208, 9VAC25-740-100 C 3, line 5, remove the quote marks around "biological nutrient removal" and after that phrase insert "(BNR)"

Page 1225, FORMS (9VAC25-740), second column, line 2, after "Permit" insert "or a Virginia Pollution Abatement Permit"

VA.R. Doc. No. R11-2622; Filed January 2, 2014, 11:38 a.m.