GENERAL NOTICES/ERRATA
Vol. 30 Iss. 17 - April 21, 2014

GENERAL NOTICES/ERRATA

STATE AIR POLLUTION CONTROL BOARD

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 Environmental Quality on behalf of the State Air Pollution Control Board is conducting a periodic review and small business impact review of 9VAC5-210, Regulation for Dispute Resolution. 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The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 on April 21, 2014, and ends May 12, 2014.

Comments may be submitted to Debra A. Harris, Planning and Policy Specialist, Office of Regulatory Affairs, Department of Environmental Quality, 629 East Main Street, Richmond, VA 23219, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4209, FAX (804) 698-4019, or email debra.harris@deq.virginia.gov. Alternatively, comments may be submitted online to the Virginia Regulatory Town Hall at http://townhall.virginia.gov/L/Forums.cfm.

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.

Proposed State Implementation Plan Revision - Definition of Volatile Organic Compound

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 the EPA as a revision to the SIP in accordance with the requirements of § 110(a) of the Act.

Regulations affected: The regulation of the board affected by this action is 9VAC5-10, General Definitions (Revision D13).

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: April 21, 2014, to May 21, 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 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: The proposed revision will consist of amendments to an existing regulation concerning the definition of volatile organic compound (VOC). On February 12, 2013 (78 FR 9823), EPA revised the definition of VOC in 40 CFR 51.100 to exclude HCF2OCF2H (HFE-134); HCF2OCF2OCF2H (HFE-236cal2); HCF2OCF2CF2OCF2H (HFE-338pcc13); and HCF2OCF2OCF2CF2OCF2H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)) from the definition of VOC. These exclusions are accomplished by adding the substances to a list of substances not considered to be a VOC. Additionally, EPA corrected the citation for 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300). The state definition has been revised accordingly.

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 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 regulation documents: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website at 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) 698-4000;

2) Southwest Regional Office, 355 Deadmore Street, Abingdon, VA, telephone (276) 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) 698-4426, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Total Maximum Daily Load Implementation Plan for the Buffalo (North and South Forks), Cedar, and Colliers Creek Watersheds in Rockbridge 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 Buffalo (North and South Forks), Cedar, and Colliers Creek watersheds in Rockbridge County. These creeks were first listed as impaired on the Virginia's 303(d) TMDL Priority List and Report due to violations of the state's water quality standard for bacteria in 2002 (Cedar Creek), 2004 (Buffalo Creek, mainstem), 2006 (Colliers Creek), 2010 (South Fork Buffalo Creek), and 2012 (North Fork Buffalo Creek). The creeks have remained on the 303(d) list for these impairments since then. In addition, Colliers Creek was listed as impaired due to water quality violations of the general aquatic life (benthic) standard in 2010.

The impaired segments of the North and South Forks of the Buffalo and Colliers Creek extend from the headwaters down to the confluence with the mainstem of Buffalo Creek, 7.28, 13.24, and 13.77 miles, respectively. The impaired segment of Buffalo Creek extends 15.51 miles downstream to its confluence with the Maury River.  The impaired segment of Cedar Creek extends 11.49 miles from the headwaters to its confluence with the James 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 all of the creeks, and a benthic TMDL addressing sediment was completed for Colliers Creek. The TMDLs were submitted to the Environmental Protection Agency for approval on January 2, 2014. The TMDL report is available on the DEQ website at www.deq.virginia.gov/Programs/Water/Water
QualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx
.

The first public meeting on the development of this TMDL implementation plan will be held on Thursday, May 8, 2014, at 7 p.m. at the Effinger Fire Hall, 2824 Collierstown Road, Lexington, VA.

The public comment period for the first public meeting will end on June 9, 2014. 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 April 1, 2014. 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 Thirty-Three (14)

Virginia's Computer-Generated Game "Pick 3" Final Rules for Game Operation (effective March 13, 2014, 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 "Pick 3" game rules)

Director's Order Number Forty-Two (14)

Virginia Lottery's "Epic Vegas Scratcher" Promotion Final Rules for Game Operation (effective April 8, 2014)

Director's Order Number Forty-Three (14)

Virginia's Computer-Generated Game "Pick 4" Final Rules for Game Operation (effective March 25, 2014, 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 "Pick 4" game rules)

Director's Order Number Forty-Four (14)

Virginia's Computer-Generated Game "Cash 5" Final Rules for Game Operation (effective March 25, 2014, 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 "Cash 5" game rules)

Director's Order Number Forty-Five (14)

Virginia's Computer-Generated Game "Decades of Dollars" Final Rules for Game Operation (effective March 27, 2014, 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 "Decades of Dollars" game rules)

Director's Order Number Forty-Seven (14)

Virginia's Computer-Generated Game Lottery; "Fast Play $15,000 Money Mania" Final Rules for Game Operation (effective March 30, 2014)

Director's Order Number Forty-Eight (14)

Virginia's Computer-Generated Game Lottery; "Fast Play Bow Wow Bucks" Final Rules for Game Operation (effective March 30, 2014)

Director's Order Number Forty-Nine (14)

Virginia's Computer-Generated Game Lottery; "Fast Play Hot 'N Spicy Bingo" Final Rules for Game Operation (effective March 30, 2014)

VIRGINIA WASTE MANAGEMENT BOARD

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 Environmental Quality on behalf of the Virginia Waste Management Board is conducting a periodic review and small business impact review of 9VAC20-15, Regulation for Dispute Resolution. 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 on April 21, 2014, and ends May 12, 2014.

Comments may be submitted to Debra A. Harris, Planning and Policy Specialist, Office of Regulatory Affairs, Department of Environmental Quality, 629 East Main Street, Richmond, VA 23219, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4209, FAX (804) 698-4019, or email debra.harris@deq.virginia.gov. Alternatively, comments may be submitted online to the Virginia Regulatory Town Hall at http://townhall.virginia.gov/L/Forums.cfm.

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.

STATE WATER CONTROL BOARD

Approval of Water Quality Management Planning Actions

Notice of action: The State Water Control Board is considering the approval of nine total maximum daily load (TMDL) reports, 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 nine TMDL reports 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: April 21, 2014, through May 21, 2014.

Description of proposed action: Department of Environmental Quality (DEQ) staff intends to recommend (i) that the DEQ Director approve the TMDL reports listed below as Virginia's plans for the pollutant reductions necessary for attainment of water quality goals in the impaired segments, and (ii) that the DEQ Director authorize inclusion of the TMDL reports in the appropriate WQMPs. No regulatory amendments are required for these TMDLs and their associated wasteload 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 wasteload 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 40 CFR 130.7 and are exempt from the provisions of Article 2 (§ 2.2-4006 et seq.) 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. EPA has approved the Middle Clinch River Watershed TMDL, the Maury River, Cedar Creek and Tributaries TMDL, and the Poquoson River and Back Creek TMDL, whereas the other six TMDL reports in this public notice are in the final draft stage under EPA review. The approved reports can be found at http://www.deq.virginia.gov/Programs/Water/Water
QualityInformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMDLReports.aspx
and the draft reports can be found at http://www.deq.virginia.gov/Programs/Water/Water
QualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx
.

Affected Waterbodies and Localities:

In the James River Basin:

1. "Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River, and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek"

• 6 bacteria TMDLs, located in Augusta, Bath, and Rockbridge Counties and the Cities of Lexington and Buena Vista, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments.

In the York River Basin:

2. "E. coli and Enterococci TMDL Development for the Pamunkey River and Tributaries, Virginia"

• 5 bacteria TMDLs, located in Hanover, Louisa, King William, Caroline, Spotsylvania, and New Kent Counties, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments.

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

3. "Bacteria TMDL Development in Red Bank Creek and Machipongo River, Virginia"

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

• 2 bacteria TMDLs, located in Accomack and Northampton Counties, propose bacteria reductions for portions of the watershed to address shellfish impairments.

4. "Total Maximum Daily Loads of Bacteria for Poquoson River and Back Creek in the City of Poquoson and in York County, Virginia"

• 2 bacteria TMDLs, located in the City of Poquoson and in York County, propose bacteria reductions for portions of the watershed to address shellfish impairments.

5. "Total Maximum Daily Loads of Bacteria for Back River in York County and Cities of Hampton, Poquoson, and Newport News, Virginia"

• 1 bacteria TMDLs, located in York County and Cities of Hampton, Poquoson, and Newport News, propose bacteria reductions for portions of the watershed to address shellfish impairments.

In the Chowan River - Dismal Swamp Basin:

6. "Total Maximum Daily Load Development for the Back Bay, North Landing River, and Pocaty River Watersheds"

• 5 bacteria TMDLs, located in the Cities of Chesapeake and Virginia Beach, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments.

In the Tennessee/Big Sandy River Basin:

7. "TMDL Development Middle Clinch River Watershed, Virginia"

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

8. "Bacteria TMDL Development Clinch River and Cove Creek Watershed, Virginia"

• 5 bacteria TMDLs, located in Russell, Scott, and Lee Counties, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments.

9. "Bacteria and Sediment TMDL Development Lower Clinch River Watershed, Virginia"

• 5 bacteria TMDLs, located in Russell, Scott, Tazewell, and Wise Counties, propose bacteria reductions for portions of the watershed to address 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 are available on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMDLReports.aspx for EPA approved reports; http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx for draft reports; and by contacting the DEQ representative listed below for any report. 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) 698-4032, or email elizabeth.mckercher@deq.virginia.gov.

Amendment of Water Quality Management Planning Regulation

Notice of action: The State Water Control 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 (DEQ) on the proposed amendment. The purpose of the amendment to the state's Water Quality Management Planning Regulation (9VAC25-720) is to adopt 14 total maximum daily load (TMDL) wasteload allocations.

Public comment period: April 21, 2014, through May 21, 2014.

Description of proposed action: DEQ staff will propose amendments of the state's Water Quality Management Planning Regulation for the James River Basin (9VAC25-720-60 A), Tennessee - Big Sandy River Basin (9VAC25-720-90 A), Roanoke River Basin (9VAC25-720-80 A), and the Chowan River - Dismal Swamp Basin (9VAC25-720-100). Statutory authority for promulgating these amendments can be found in § 62.1-44.15 (10) of the Code of Virginia.

Staff intends to recommend (i) that the board approve the TMDL reports as the plan for the pollutant reductions necessary for attainment of water quality goals in the impaired segments, (ii) that the board authorize inclusion of the TMDL reports in the appropriate Water Quality Management Plan, and (iii) that the board adopt 14 TMDL wasteload allocations 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 were developed in accordance with 40 CFR 130.7 and are exempt from the provisions of Article 2 (§ 2.2-4006 et seq.) 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 has approved the Maury River, Cedar Creek, and Tributaries TMDL, whereas the other four TMDL reports in this public notice are in the final draft stage under EPA review. The approved reports can be found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMDLReports.aspx, and the draft reports can be found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.

Affected Waterbodies and Localities:

In the James River Basin (9VAC25-720-60):

1. "Bacteria Total Maximum Daily Load Development for Colliers Creek, North Fork Buffalo Creek, South Fork Buffalo Creek, Buffalo Creek, Maury River, and Cedar Creek and a Sediment Total Maximum Daily Load Development for Colliers Creek"

• The Maury River, Cedar Creek, and Tributaries TMDL, located in Augusta, Bath, and Rockbridge Counties and the Cities of Lexington and Buena Vista, proposes sediment reductions for the Colliers Creek watershed and provides a sediment wasteload allocation of 103.4 tons/year.

2. "Benthic Total Maximum Daily Load (TMDL) Development for the North Creek Watershed"

• The North Creek TMDL, located in Fluvanna County, proposes sediment reductions for the watershed and provides a sediment wasteload allocation of 7.29 tons/year.

• The North Creek TMDL, located in Fluvanna County, proposes phosphorus reductions for the watershed and provides a phosphorus wasteload allocation of 187 lbs/year.

Roanoke River Basin (9VAC25-720-80 A)

3. "TMDLs for Benthic Impairments in Little Otter River (Sediment and Total Phosphorus), Johns Creek, Wells Creek, and Buffalo Creek (Sediment) Town of Bedford, Bedford and Campbell Counties, Virginia"

• The Little Otter River, Johns Creek, Wells Creek, and Buffalo Creek TMDL, located in Bedford and Campbell Counties and the Town of Bedford, proposes sediment reductions for the watershed and provides sediment wasteload allocations of 13.99 tons/year, 25.51 tons/year, 172.81 tons/year, 24.00 tons/year, 32.86 tons/year, and 1.49 tons/year.

• The Little Otter River, Johns Creek, Wells Creek and Buffalo Creek TMDL, located in Bedford and Campbell Counties and the Town of Bedford, proposes phosphorus reductions for the Lower Little Otter watershed and provides a phosphorus wasteload allocation of 2209.2 lbs/year.

Tennessee - Big Sandy River Basin (9VAC25-720-90 A)

4. "Bacteria and Sediment TMDL Development Lower Clinch River Watershed, Virginia"

• The Lower Clinch River TMDL, located in Russell, Scott, Tazewell, and Wise Counties, proposes sediment reductions for the Laurel Creek and Thompson Creek watersheds and provides sediment wasteload allocations of 0.26 tons/year and 0.22 tons/year.

Chowan River – Dismal Swamp Basin (9VAC25-720-100)

5. "Total Maximum Daily Load Development for the Back Bay, North Landing River, and Pocaty River Watersheds"

• The Back Bay, North Landing River, and Pocaty River Watersheds TMDL, located in the Cities of Chesapeake and Virginia Beach, proposes phosphorus reductions for Pocaty River and Ashville Bridge Creek watersheds and provides phosphorus wasteload allocations of 129.39 kg/year and 34.46 kg/year.

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 reports are available on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMDLReports.aspx for EPA approved reports; http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx for draft reports; and by contacting the DEQ representative listed below for any report. 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) 698-4032, or email elizabeth.mckercher@deq.virginia.gov.

Notice of Release of Final 2014 Water Quality Assessment Guidance

The Virginia Department of Environmental Quality (DEQ) will release the Final 2014 Water Quality Assessment Guidance Manual on April 21, 2014.

Virginia's 2014 Water Quality Assessment Guidance Manual contains the assessment procedures and methods to be used for the development of Virginia's 2014 § 305(b)/§ 303(d) Integrated (i.e., combined Water Quality Assessment and Impaired Waters) Report. The assessment guidance seeks to address all key elements of the U.S. Environmental Protection Agency (EPA) 2006 Assessment Guidance and subsequent updates current to January 2014, in addition to the assessment methodology for Chesapeake Bay Water Quality Standards established by EPA, most recently updated in the May 2010 addendum to Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity, and Chlorophyll a for the Chesapeake Bay and Its Tidal Tributaries.

A copy of the Final 2014 Water Quality Assessment Guidance Manual will be available for download from the DEQ Water Quality Assessment webpage at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityAssessments.aspx. A hard copy can also be requested from Tish Robertson, DEQ Water Quality Assessment Coordinator, using the contact information below.

Section 62.1-44.19:5 C of the Code of Virginia requires DEQ to develop and publish the procedures used for defining and determining impaired waters and provide for public comment on the procedures. A draft version of this guidance was released for 30-day public review and comment on January 27, 2014. Comments were received from three organizations, including the U.S. Environmental Protection Agency. DEQ's response to these comments will be available for download at the URL listed above.

Modifications have been made to the assessment guidance since 2012. The most notable addition is a new subcategory "4D," which applies to impaired tidal waters under the Chesapeake Bay TMDL that now meet assessed dissolved oxygen criteria. Additionally, the Coastal Plain Macroinvertebrate Index has been replaced with the more refined Virginia Coastal Plain Macroinvertebrate Index. Guidance modifications are described in Part II of the manual.

Contact Information: Tish Robertson, Ph.D., Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4309, FAX (804) 698-4032, or email tish.robertson@deq.virginia.gov.

Proposed Consent Order for the City of Waynesboro

An enforcement action has been proposed for the City of Waynesboro for violations in Augusta County. A proposed amendment to order by consent describes a settlement to further address inflow and infiltration in the city's sewage collection system. A description of the proposed action is available at the Department of Environmental Quality office listed below or online at www.deq.virginia.gov. Tiffany Severs will accept comments by email at tiffany.severs@deq.virginia.gov, FAX (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 21, 2014, to May 21, 2014.

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 Environmental Quality on behalf of the State Water Control Board is conducting a periodic review and small business impact review of 9VAC25-15, Regulation for Dispute Resolution. 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 on April 21, 2014, and ends May 12, 2014.

Comments may be submitted to Debra A. Harris, Planning and Policy Specialist, Office of Regulatory Affairs, Department of Environmental Quality, 629 East Main Street, Richmond, VA 23219, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4209, FAX (804) 698-4019, or email debra.harris@deq.virginia.gov. Alternatively, comments may be submitted online to the Virginia Regulatory Town Hall at http://townhall.virginia.gov/L/Forums.cfm.

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.

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 Environmental Quality on behalf of the State Water Control Board is conducting a periodic review and small business impact review of 9VAC25-780, Local and Regional Water Supply Planning. 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 April 21, 2014, and ends May 12, 2014.

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 Sara Jordan, Senior Water Supply Planner, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7901, FAX (540) 574-7878, or email sara.jordan@deq.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.

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: 13VAC5-63. Virginia Uniform Statewide Building Code.

Publication: 30:16 VA.R. 2071-2232 April 7, 2014

Correction to Final Regulation:

Page 2154, first column, 13VAC5-63-210 S 79 should read:

"56. [ 47. 79. ] Delete Section N1101.9 N1101.16 [ (R401.16) (R401.3) ]."

VA.R. Doc. No. R12-3159; Filed April 8, 2014 1:49 p.m.