GENERAL NOTICES/ERRATA
Vol. 31 Iss. 4 - October 20, 2014

GENERAL NOTICES/ERRATA

BOARD OF COUNSELING

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Counseling is currently reviewing each of the regulations listed below to determine whether it should be repealed, amended, or retained in its current form. The review of each regulation will be guided by the principles in Executive Order 17 (2014) and § 2.2-4007.1 of the Code of Virginia. Each regulation will be reviewed to determine 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.

18VAC115-30, Regulations Governing the Certification of Substance Abuse Counselors and Substance Abuse Counseling

18VAC115-40, Regulations Governing the Certification of Rehabilitation Providers

The comment period begins October 20, 2014, and ends November 19, 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: Elaine Yeatts, Senior Policy Analyst, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, FAX (804) 527-4434, or email elaine.yeatts@dhp.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 STATE POLICE

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of State Police is currently reviewing each of the regulations listed below to determine whether it should be repealed, amended, or retained in its current form. The review of each regulation will be guided by the principles in Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia. Each regulation will be reviewed to determine 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.

19VAC30-11, Public Participation Guidelines

Agency Contact: Major Tracy Russillo, BASS Deputy Director, P.O. Box 27472, Richmond, VA 23261-7472, telephone (804) 674-2066, FAX (804) 674-2936, or email bassdiri@vsp.virginia.gov.

19VAC30-20, Motor Carrier Safety Regulations

19VAC30-40, Standards and Specifications for the Stickers or Decals Used by Cities, Counties and Towns in Lieu of License Plates

19VAC30-130, Regulations Relating to Standards and Specifications for Warning Stickers or Decals for All-Terrain Vehicles

19VAC30-140, Regulations Relating to Standards and Specifications for Back-Up Audible Alarm Signals

19VAC30-150, Regulations Relating to Standards and Specifications for Overdimensional Warning Lights

19VAC30-160, Regulations Relating to Standards and Specifications for the Safety Lights for Farm Tractors in Excess of 108 Inches in Width

19VAC30-165, Regulations Relating to Standards and Specifications for Purple Warning Lights Used by Vehicles Leading or Escorting Funeral Processions

19VAC30-200, Approved Helmets for All-Terrain Vehicles and Mopeds

Agency Contact: Captain F. Daniel Glick, Safety Officer, P.O. Box 27472, Richmond, VA 23261-7472, telephone (804) 674-6774, FAX (804) 674-2916, or email safety@vsp.virginia.gov.

19VAC30-80, Regulations Relating to Specifications of the Description to be Obtained by Pawnbrokers of Persons Pawning or Pledging Goods

19VAC30-110, Regulations Governing the Creation of a Criminal Firearms Clearinghouse

19VAC30-170, Regulations Governing the Operation and Maintenance of the Sex Offender and Crimes Against Minors Registry

19VAC30-190, Regulations Relating to the Issuance of Nonresident Concealed Handgun Carry Permits

Agency Contact: Captain Thomas Turner, CJIS Officer, P.O. Box 27472, Richmond, VA 23261-7472, telephone (804) 674-2147, FAX (804) 674-2918, or email cjis@vsp.virginia.gov.

19VAC30-180, Regulations Governing the Establishment and Maintenance of the Witness Protection Program

Agency Contact: Lieutenant Verlan Hall, BCI Staff Lieutenant, P.O. Box 27472, Richmond, VA 23261-7472, telephone (804) 674-2108, FAX (804) 674-2936, or email vspbci@vsp.virginia.gov.

The comment period begins November 1, 2014, and ends December 1, 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 agency contacts listed above.

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

Proposed Enforcement Action for Smithfield Farmland Corp.

An enforcement action has been proposed for Smithfield Farmland Corp. for alleged violations of the State Water Control Law in Smithfield, Virginia. A description of the proposed action is available at the Department of Environmental Quality office named below or online at http://www.deq.virginia.gov. Mr. Robin Schuhmann will accept comments by email at robin.schuhmann@deq.virginia.gov, FAX (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from October 20, 2014, through November 19, 2014.

Proposed Enforcement Action for City of Virginia Beach

An enforcement action has been proposed for City of Virginia Beach for violations of the State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at http://www.deq.virginia.gov. John Brandt will accept comments by email at john.brandt@deq.virginia.gov, FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from October 20, 2014, through November 19, 2014.

Proposed Consent Order for White Post Dairy, L.L.C.

An enforcement action has been proposed for White Post Dairy, L.L.C. for violations at the White Post Dairy, L.L.C. facility in White Post, Virginia. The State Water Control Board proposes to issue a consent order to White Post Dairy, L.L.C. to address noncompliance with the State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at http://www.deq.virginia.gov. Karen Hensley will accept comments by email at karen.hensley@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, from October 20, 2014, through November 19, 2014.

Total Maximum Daily Load Implementation Plan for the Buffalo (North and South Forks), Cedar Creek, and Colliers Creek Watersheds in Rockbridge County

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on a draft total maximum daily load (TMDL) implementation plan for the Buffalo (North and South Forks), Cedar Creek, 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 Buffalo Creek and Colliers Creek extend from their headwaters down to their 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 U.S. 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/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.

Development of the TMDL implementation plan began in May 2014.

The second and final public meeting on the development of this TMDL implementation plan will be held on October 28, 2014, from 6 p.m. until 8 p.m. at the Natural Bridge Park and Historic Hotel, 15 Appledore Lane, Natural Bridge, Virginia. The meeting will include a community supper sponsored by the Upper James Resource Conservation and Development Council. Attendees are encouraged to RSVP to Nesha McRae by telephone or email (contact information provided below). The implementation plan will be available on the DEQ website the day after the meeting for public comment:

http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.

The public comment period for the implementation plan will end on November 27, 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.

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: 30:16 VA.R. 2027-2071 April 7, 2014.

Correction to Final Regulation:

Page 2055, column 2, 13VAC5-51-135 L, Section 907.8.5: Following "Figure" replace "10.6.2.3" with "10.6.2.3 14.6.2.2"

VA.R. Doc. No. R12-3161; Filed September 25, 2014, 3:32 p.m.