GENERAL NOTICES/ERRATA
Vol. 31 Iss. 26 - August 24, 2015

AIR POLLUTION CONTROL BOARD

State Implementation Plan Revision - Emission Standards for Volatile Organic Compounds from Petroleum Liquid Storage and Transfer Operations

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: Article 37, Emission Standards for Petroleum Liquid Storage and Transfer Operations (Rule 4-37), of Part II of 9VAC5-40 (Existing Stationary Sources), Revision C14.

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: August 24, 2015, to September 23, 2015.

Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed at the end of this notice. 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 amendments have been adopted and are exempt from administrative procedures for the adoption of regulations, 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: Section 182 (b)(3) of the federal Clean Air Act required the implementation of Stage II vapor recovery in ozone nonattainment and maintenance areas, including Northern Virginia and Richmond. Since then, in accordance with § 202(a)(6) of the Act, EPA has determined that onboard refueling vapor recovery (ORVR) is in widespread use throughout the motor vehicle fleet, thus obviating the need to maintain Stage II vapor recovery programs (see 77 FR 28772). The department has examined whether Stage II is still necessary for ozone control purposes and has determined that Stage II is no longer needed. Removing this control requirement will not interfere with maintenance of any ozone standard. Therefore, on November 12, 2013, and March 18, 2014, the department submitted revisions to the state implementation plan (SIP) that satisfy all requirements of the federal Clean Air Act and EPA guidance regarding the removal of Stage II requirements from the Northern Virginia and Richmond area attainment and maintenance plans. Virginia's specific Stage II requirements are found in Article 37 (9VAC5-40-5200 et seq.) of 9VAC5-40, and have been amended 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) 698-4070,

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 HEALTH

Drinking Water State Revolving Fund Program - Intended Use Plan for FY 2016

Under the Safe Drinking Water Act, Congress authorizes capitalization grants to the states through the Drinking Water State Revolving Loan Fund (DWSRF) Program. As part of the annual DWSRF grant application process Virginia seeks meaningful public involvement through input, review, and comments. The VDH's Office of Drinking Water (ODW) has prepared a draft intended use plan (IUP) that explains the goals of the program, funding priorities, how VDH intends to use the grant funds, and other important information submitted from the funding requests and set-aside suggestions.

The Virginia Department of Health (VDH) received numerous funding requests and set-aside suggestions following the January 2016 DWSRF funding solicitation announcement. The draft 2016 IUP and draft project lists are open for review and comment by the public for a period of 60 days. The document entitled "Virginia Drinking Water State Revolving Fund Program Design Manual" (dated January, 2015) is a part of the Intended Use Plan and was mailed to eligible waterworks in January 2015, announced in the Virginia Register of Regulations, and placed on the office's website. The Program Design Manual provides information on VDH's project prioritization criteria and methodologies.

The VDH will hold a public meeting to solicit comments and recommendations regarding the IUP on Thursday, October 8th, 2015, from 10 a.m. to 12 p.m. at the ODW's East Central Satellite Office, 300 Turner Road, Richmond, VA 23225. Those individuals planning to attend the public meeting should contact Theresa Hewlett at (804) 864-7501 by the close of business on September 30, 2015.

Any written comments from the public are to be submitted by October 23, 2015, the close of the public comment period. VDH will consider all meaningful public input and comments and make revisions to the IUP and project priority lists if necessary. Please direct requests for information and forward written comments to Steven Pellei, PE, Virginia Department of Health, Office of Drinking Water, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7500, or FAX (804) 864-7521.

The following information is provided at VDH's website: http://www.vdh.virginia.gov/ODW/financial/IntendedUsePlan16.htm

VDH's 2016 Draft Intended Use Plan (IUP)

VDH's 2016 Preliminary Project Priority List/2016 Comprehensive Project List

VDH's Planning and Design Grants – July 2015

The IUP is subject to change depending on EPA's 2016 award allocations.

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on August 4, 2015. The orders may be viewed at the Virginia Lottery, 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 One Hundred Two (15)

Virginia's Instant Game Lottery 1572 "Deuces Wild" Final Rules for Game Operation (effective July 30, 2015)

Director's Order Number One Hundred Three (15)

Virginia's Instant Game Lottery 1580 "Cash Club" Final Rules for Game Operation (effective July 30, 2015)

Director's Order Number One Hundred Seven (15)

Virginia's Instant Game Lottery 1568 "On The Money" Final Rules for Game Operation (effective July 30, 2015)

Director's Order Number One Hundred Eleven (15)

Virginia's Instant Game Lottery 1581 "Treasure Hunt" Final Rules for Game Operation (effective August 3, 2015)

Director's Order Number One Hundred Twelve (15)

Virginia's Instant Game Lottery 1561 "$2,500,000 Cash Winfall" Final Rules for Game Operation (effective August 3, 2015)

BOARD OF PHARMACY

Placement of Substances in Schedule I

Pursuant to subsection D of § 54.1-3443 of the Code of Virginia, the Board of Pharmacy is giving notice of a public hearing to consider placement of chemical substances in Schedule I of the Drug Control Act. The public hearing will be conducted at 9 a.m. on September 29, 2015, at the Perimeter Center, 9960 Mayland Drive, Suite 201, Richmond, VA 23233. Public comment may also be submitted electronically or in writing prior to June 1, 2015, to Caroline Juran, Executive Director of the Board of Pharmacy to caroline.juran@dhp.virginia.gov.

As specified in § 54.1-3443 of the Code of Virginia, the Virginia Department of Forensic Science (DFS) has identified six (6) compounds for recommended inclusion by the Board of Pharmacy into Schedule I in the Code of Virginia. A brief description and chemical name for each compound is as follows:

Acetyl fentanyl (other name: desmethylfentanyl) - Acetyl fentanyl is a powerful synthetic opioid similar in structure to fentanyl and has been identified in DFS laboratories; however, acetyl fentanyl has not been approved for medical use in the United States. The Drug Enforcement Administration (DEA) issued a notice of intent on May 21, 2015 to temporarily place acetyl fentanyl into Schedule I. Upon finalization of this proposed action, DFS recommends placing acetyl fentanyl into Schedule I (§ 54.1-3446(1)).

Etizolam - Etizolam is chemically related to the class of drugs referred to as benzodiazepines, which are central nervous system depressants. Etizolam has been approved for medical use in some countries; however, Etizolam has not been approved for medical use in the United States and has been identified in DFS laboratories. Other drugs of this type have been placed in Schedule I (subdivision 4 of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.

4-Iodo-2,5-dimethoxy-N-[(2-hydroxyphenyl) methyl]-benzeneethanamine (other name: 25I-NBOH) - 25I-NBOH is classified as a research chemical and is similar in structure to 25I-NBOMe, a schedule I compound. 25I-NBOH has been identified in DFS laboratories including postmortem toxicology cases. Other drugs of this type have been placed in Schedule I (subdivision 3 of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.

alpha-Pyrrolidinohexiophenone (other name: alpha-PHP) - Alpha-PHP is classified as a research chemical and has been identified in DFS laboratories. Other drugs of this type have been placed in Schedule I (subdivision 3 of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.

alpha-Pyrrolidinoheptiophenone (other name: PV8) - PV-8 is classified as a research chemical and has been identified in DFS laboratories. Other drugs of this type have been placed in Schedule I (subdivision 3 of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.

1-(5-fluoropentyl)-3-(4-methyl-1-naphthoyl) indole (MAM-2201) - MAM-2201 is classified as a cannabimimetic agent and has been identified in DFS laboratories. Other drugs of this type have been placed in Schedule I (subdivision 7 b of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.

If approved by the Board of Pharmacy, the placement of these substances in Schedule I in the Virginia Drug Control Act shall remain in effect for a period of 18 months from the date of board action and shall then be de-scheduled unless the Drug Control Act is amended by enactment of legislation by the General Assembly.

Contact Information: Caroline Juran, RPh, Executive Director, Board of Pharmacy, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4416, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

STATE WATER CONTROL BOARD

Total Maximum Daily Loads for the Hardware River and North Fork Hardware River Watersheds

The Virginia Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the modification of total maximum daily loads (TMDLs) for the Hardware River and North Fork Hardware River watersheds in Albemarle and Fluvanna Counties. The North Fork Hardware River and the Hardware River 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 2006. The creeks have remained on the § 303(d) list for these impairments since then.

The impaired segment of the North Fork Hardware River extends 10.42 miles from the headwaters downstream to its confluence with the South Fork Hardware River.  The impaired segment of Hardware River extends 23.03 miles from its confluence with the North Fork downstream 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. DEQ completed bacteria TMDLs for the Hardware River and the North Fork in July 2007. The TMDLs were approved by the U.S. Environmental Protection Agency on April 10, 2008. The TMDL report is available on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMDLReports.aspx.

In addition, § 62.1-44.19:7 C of the Code of Virginia requires expeditious implementation of total maximum daily loads when appropriate. Upon initiating development of a TMDL implementation plan (IP) for the Hardware River in March 2015, several errors were identified in watershed modeling performed in support of TMDL development. As a result, the Hardware River and North Fork Hardware River TMDLs have been modified in order to correct these errors. A public meeting will be held on Wednesday, September 2, 2015, at 3 p.m. at the Thomas Jefferson Soil and Water Conservation District Office, 706 Forest Street #G, Charlottesville, VA. The purpose of this meeting is to present the modified TMDLs and to review the errors found in the original TMDLs and associated corrections made.

A 30-day public comment period for the meeting and modified TMDLs will begin September 3, 2015, and end October 2, 2015. 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.

Proposed Consent Special Order for Honeywell Resins & Chemicals LLC

A consent special order has been proposed for Honeywell Resins & Chemicals LLC for violations of the State Water Control Law at its Hopewell facility. The enforcement action requires payment of a $300,000 civil charge and repairs to the facility's process wastewater system. A description of the proposed action is available at the Department of Environmental Quality (DEQ) office named below or online at www.deq.virginia.gov. DEQ staff member Kathleen O'Connell will accept comments by email at kathleen.oconnell@deq.virignia.gov, by FAX at (804) 698-4277, or by postal mail at the Department of Environmental Quality, 629 East Main Street, Richmond, VA 23223, from August 24, 2015, to September 23, 2015.

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; 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.