DEPARTMENT OF ENVIRONMENTAL QUALITY

SunEnergy1 - Withdrawal of Notice of Intent for Small Renewable Energy Project (Solar) in the City of Chesapeake

SunEnergy1 has notified the Virginia Department of Environmental Quality that the notice of intent to submit a Permit by Rule Application for the construction of a 20-megawatt, alternating current solar facility located on the eastern side of Highway 17 and on the southern side of Ballahack Road in the City of Chesapeake is being withdrawn. The applicant, Chesapeake Solar, LLC, was unable to obtain the required Conditional Use Permit from the City of Chesapeake. The original notice of intent was published in the Virginia Register on March 21, 2016.

Contact Information: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, or email mary.major@deq.virginia.gov.

STATE BOARD OF HEALTH

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 Health is conducting a periodic review and small business impact review of 12VAC5-460, Regulations Governing Tourist Establishment Swimming Pools and Other Public Pools. The review of this regulation will be guided by the principles in Executive Order 17 (2014).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 October 14, 2016, and ends November 5, 2016.

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 Olivia McCormick, Tourist Establishment Services Program Manager, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-8146, FAX (804) 864-7475, or email olivia.mccormick@vdh.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.

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 Health is conducting a periodic review and small business impact review of 12VAC5-600, Waterworks Operation Fee. The review of this regulation will be guided by the principles in Executive Order 17 (2014).

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 October 7, 2016, and ends November 7, 2016.

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 Drew Hammond, Deputy Director, Office of Drinking Water, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7302, FAX (804) 864-7521, or email drew.hammond@vdh.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 LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on October 12, 2016. The orders may be viewed at the Virginia Lottery, 900 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 201 North 9th Street, 2nd Floor, Richmond, Virginia.

Director's Order Number One Hundred Twenty-Nine (16)

Virginia's Computer-Generated Lottery Game "Print 'n Play Smokin' Hot Crossword" Final Rules for Game Operation (effective October 9, 2016)

Director's Order Number One Hundred Thirty (16)

Virginia Lottery's Computer-Generated Game "Print 'n Play Gold Bar Bingo" Final Rules for Game Operation (effective October 9, 2016)

Director's Order Number One Hundred Thirty-One (16)

Virginia Lottery's Computer-Generated Game "Print 'n Play High Stakes Blackjack" Final Rules for Game Operation (effective October 9, 2016)

Director's Order Number One Hundred Thirty-Two (16)

Virginia's Computer-Generated Game Lottery "Print 'n Play Hot 'n Spicy Bingo" Final Rules for Game Operation (effective October 9, 2016)

Director's Order Number One Hundred Thirty-Three (16)

Virginia Lottery's Computer-Generated Game "Print 'n Play Lucky Bingo" Final Rules for Game Operation (effective October 9, 2016)

Director's Order Number One Hundred Thirty-Four (16)

Virginia Lottery's Scratch Game 1718 "Win It All Doubler" Final Rules for Game Operation (effective September 30, 2016)

Director's Order Number One Hundred Thirty-Six (16)

"Wegmans Bin Sales Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (effective January 1, 2017)

Director's Order Number One Hundred Thirty-Seven (16)

"Speedy Rewards Sip & Sell Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (effective February 1, 2017)

Director's Order Number One Hundred Thirty-Eight (16)

Sheetz District Battle Virginia Lottery Retailer Incentive Program Requirements (effective February 1, 2017)

Director's Order Number One Hundred Thirty-Nine (16)

"Pit Stop Mega Free Coffee Fridays" Virginia Lottery Retailer Incentive Program Requirements (effective January 1, 2017)

Director's Order Number One Hundred Forty (16)

"Handy Mart 2 Ways to Win Scratch Incentive" Virginia Lottery Retailer Incentive Program Requirements (effective February 1, 2017)

Director's Order Number One Hundred Forty-One (16)

"Fas Mart Stretch Your Scratch Goal Contest" Virginia Lottery Retailer Incentive Program Requirements (effective February 1, 2017)

Director's Order Number One Hundred Forty-Two (16)

"Fas Mart Mega Lunch Fridays" Virginia Lottery Retailer Incentive Program Requirements (effective January 1, 2017)

Director's Order Number One Hundred Forty-Three (16)

"Virginia Lottery March Bowling Challenge Retailer Incentive Promotion - Handy Mart" Virginia Lottery Retailer Incentive Program Requirements (effective March 1, 2017)

Director's Order Number One Hundred Forty-Four (16)

"Virginia Lottery March Bowling Challenge Retailer Incentive Promotion - Multi-Chain" Virginia Lottery Retailer Incentive Program Requirements (effective March 1, 2017)

Director's Order Number One Hundred Forty-Five (16)

"7-Eleven Market Battles Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (effective January 1, 2017)

Director's Order Number One Hundred Forty-Seven (16)

Certain Virginia Print 'n Play Games; End of Games - Virginia Lottery's Print 'n Play Diamond Club Crossword (18 16); Virginia Lottery's Print 'n Play High Roller Bingo (21 16); Virginia Lottery's Print 'n Play Gold Rush Crossword (24 16); Virginia Lottery's Print 'n Play $50,000 Blackjack (25 16); Virginia Lottery's Print 'n Play Safari Bingo (26 16); Virginia Lottery's Print 'n Play Blackjack Classic (74 16); Virginia Lottery's Print 'n Play Bullseye Bingo (75 16); Virginia Lottery's Print 'n Play Horoscope Crossword (76 16); Virginia Lottery's Print 'n Play Money Bag Crossword (77 16); Virginia Lottery's Print 'n Play Rockin' Bingo (78 16); Virginia Lottery's Print 'n Play Hot 'n Spicy Bingo (20 16); Virginia Lottery's Print 'n Play Smokin' Hot Crossword (13 16) (effective October 8, 2016)

Director's Order Number One Hundred Forty-Nine (16)

Certain Virginia Game Promotion; Prize Drawings Correction - Q1 FY17 eXTRA Chances Scratcher Promotion (97 16) (effective October 3, 2016)

BOARD OF PSYCHOLOGY

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 Psychology is currently reviewing each of the regulations listed below to determine whether the regulation 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). Public comment is sought on the review of any issue relating to each 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.

18VAC125-15, Regulations Governing Delegation to an Agency Subordinate

18VAC125-20, Regulations Governing the Practice of Psychology

The comment period begins October 31, 2016, and ends November 30, 2016.

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 Virginia Regulatory Town Hall, and a report of the small business impact review will be published in the Virginia Register of Regulations.

Contact Information: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, FAX (804) 527-4434, or email elaine.yeatts@dhp.virginia.gov.

VIRGINIA INFORMATION TECHNOLOGIES AGENCY

Proposed IMSAC Guidance Documents on Digital Identity Assertions and Federation and Participant Requirements

Notice of action: The Virginia Information Technologies Agency (VITA) is announcing an opportunity for public comment on two proposed guidance documents that were developed by the Identity Management Standards Advisory Council (IMSAC) (§ 2.2-437 of the Code of Virginia).

The IMSAC was created by the General Assembly in 2015 to advise the Secretary of Technology on the adoption of identity management standards and the creation of guidance documents pursuant to § 2.2-436 of the Code of Virginia.

Regulations affected: There are no regulations affected or proposed by this action.

Purpose of notice: IMSAC is seeking comment on whether the two proposed guidance documents should be submitted as is, or if revisions should be made before the final posting.

The guidance documents were developed by VITA, acting on behalf of the Secretary of Technology, and at the direction of IMSAC.

IMSAC recommends to the Secretary of Technology guidance documents relating to (i) nationally recognized technical and data standards regarding the verification and authentication of identity in digital and online transactions; (ii) the minimum specifications and standards that should be included in an identity trust framework, as defined in § 59.1-550 of the Code of Virginia, so as to warrant liability protection pursuant to the Electronic Identity Management Act (§ 59.1-550 et seq. of the Code of Virginia); and (iii) any other related data standards or specifications concerning reliance by third parties on identity credentials, as defined in § 59.1-550 of the Code of Virginia.

Purpose Statement for Digital Identity Assertions Guidance Document:

The purpose of this document is to establish minimum specifications for assertions within a digital identity system. The minimum specifications have been designed to be conformant with NIST SP 800-63-3. The document defines minimum requirements, assertion types, core components, presentation methods, security, and process flows, assurance levels, and privacy and security provisions for assertions within a digital identity system.

The document limits its focus to digital identity assertions. Minimum specifications for other components of a digital identity system have been defined in separate IMSAC guidance documents in this series, pursuant to §§ 2.2-436 and 2.2-437 of the Code of Virginia.

Purpose Statement for Federation and Participant Requirements Guidance Document:

The purpose of this document is to establish minimum specifications for electronic federation and participant requirements within a digital identity system. The minimum specifications have been designed to be conformant with NIST SP 800-63-3. The document defines governance models, minimum requirements processes, assurance levels, and participant requirements for a federated digital identity system.

The document limits its focus to federation and participant requirements.  Minimum specifications for other components of a digital identity system have been defined in separate IMSAC guidance documents in this series, pursuant to §§ 2.2-436 and 2.2-437 of the Code of Virginia.

The proposed guidance documents are also available with comments and proposed changes by IMSAC on the VITA website at https://www.vita.virginia.gov/About
/default.aspx?id=6442474173.

Public comment period: October 31, 2016, through December 1, 2016.

Public hearing: A public meeting will be held on December 5, 2016, at 11 a.m. The meeting will be held at the Commonwealth Enterprise Solutions Center, 11751 Meadowville Lane, Chester, VA 23836, in Room 1222.

Public comment stage: The two guidance documents were developed by IMSAC and are being posted as general notices pursuant to § 2.2-437 C of the Code of Virginia. Proposed guidance documents, and general opportunity for oral or written submittals as to those guidance documents, shall be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations as a general notice following the processes and procedures set forth in § 2.2-4031 B of the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). IMSAC shall allow at least 30 days for the submission of written comments following the posting and publication and shall hold at least one meeting dedicated to the receipt of oral comment no less than 15 days after the posting and publication.

For the purpose of defining the timeframe for public participation and comment, VITA is defining "days" as "calendar days."  IMSAC will receive public comment at its December 5, 2016, meeting. For additional information in the definition of "days," please reference page 6 of 15 of VITA's Information Technology Resource Management (ITRM), Policies, Standards and Guidelines (PSGs) Briefs and Supporting Documents found at https://www.vita.virginia.gov/uploadedFiles/VITA_Main_Public/Library/PSGs/ITRMPSG_Brief_Supportdocs.pdf.

IMSAC will hold a dedicated meeting to public comment on December 5, 2016. Meeting details will be posted on the Commonwealth Calendar and the VITA website at https://www.vita.virginia.gov/About/default.aspx?id=6442474171.

Description of proposal: The proposed guidance documents are being posted for review by the general public with an opportunity for public comment.

Federal information: No federal information.

How to comment: IMSAC accepts written comments by email 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 VITA by the last day of the comment period. All materials received are part of the public record.

To review regulation documents: The proposed guidance documents and any supporting documents are available on the VITA website at https://www.vita.virginia.gov/About
/default.aspx?id=6442474173. The documents may also be obtained by contacting the VITA representative named below.

Contact Information: Janice Akers, Virginia Information Technologies Agency, 11751 Meadowville Lane, Chester, VA 23836, telephone (804) 416-6083, or email janice.akers@vita.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Enforcement Action for Virginia Electric and Power Company

An enforcement action has been proposed for Virginia Electric and Power Company for violations of state water control law that occurred in Arlington, Virginia and Augusta County, Virginia. A description of the proposed action is available online at www.deq.virginia.gov. Lee Crowell will accept comments by email at lee.crowell@deq.virginia.gov or postal mail at Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23219, from October 31, 2016, through November 30, 2016.

General VPDES Watershed Permit for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia

Notice of action: The State Water Control Board is considering additional amendments of a regulation on water quality.

Purpose of notice: To seek public comment through the Department of Environmental Quality (DEQ) on (i) the proposal, (ii) the costs and benefits of the proposal, (iii) effects of the proposal on farm and forest land preservation, and (iv) impacts on small businesses.

Public comment period: October 11, 2016, through November 9, 2016.

Public comment stage: Notice of informal public comment.

Regulation name: General Virginia Pollutant Discharge Elimination System (VPDES) Watershed Permit Regulation for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the Chesapeake Bay Watershed in Virginia 9VAC25-820 (Watershed General Permit).

Description of Proposed Regulation: The proposed reissuance and amendment of the Watershed General Permit originally public noticed for comment on December 14, 2015, and the public comment period closed on February 12, 2016. On March 11, 2016, the U.S. Environmental Protection Agency (EPA) filed an objection to issuance of the Watershed General Permit. In response, DEQ has developed revisions to the proposal to address EPA's objection and is seeking public comment on the revisions for the board's consideration.

The revision will require facilities in the previously proposed sewage treatment plant (STP) design flow of 0.5-0.999 million gallons per day (MGD), effluent total nitrogen (TN) load limit for industrial facilities of 50,000-99,999 pounds per year (lb/yr), and effluent total phosphorus (TP) load limit for industrial facilities of 5,000-9,999 lb/yr category to collect two 24-hour composite samples per week. The change will also require facilities that are in the previously proposed STP design flow of 1.0-4.999 MGD, effluent TN load limit for industrial facilities of 100,000-349,999 lb/yr, and effluent TP load limit for industrial facilities of 10,000-34,999 lb/yr category to collect two 24-hour composite samples per week.

This revision to the proposed regulation (9VAC25-820 Part I) is as follows:

E. Monitoring requirements.

1. Discharges shall be monitored by the permittee during weekdays as specified below unless the department determines that weekday only sampling results in a non-representative load. Weekend monitoring and/or or alternative monthly load calculations to address production schedules or seasonal flows shall be submitted to the department for review and approval on a case-by-case basis. Facilities that exhibit instantaneous discharge flows that vary from the daily average discharge flow by less than 10% may submit a proposal to the department to use an alternative sample type; such proposals shall be reviewed and approved by the department on a case-by-case basis.

How to comment: DEQ accepts written comments by hand-delivery, email, fax, and postal mail. All written comments must include the full name and address of the person commenting and be received by DEQ no later than the last day of the comment period. All testimony, exhibits and documents received are part of the public record. More detailed information on the proposal is available by contacting the DEQ representative named below.

Contact Information: Matthew Richardson, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4195, FAX (804) 698-4032, or email matthew.richardson@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 replace two total maximum daily load (TMDL) wasteload allocations in the Water Quality Management Planning Regulation.

Public comment period: October 31, 2016, through November 29, 2016.

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

Staff intends to recommend (i) that the board approve the TMDL report 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 report in the appropriate Water Quality Management Plan, and (iii) that the board replace two existing TMDL wasteload allocations (WLAs) with the revised values as part of the state's Water Quality Management Planning Regulation in accordance with § 2.2- 4006 A 14 and § 2.2-4006 B of the Code of Virginia.

The TMDL report was developed in accordance with federal regulations (40 CFR § 130.7) and is exempt from the provisions of Article 2 of the Virginia Administrative Process Act. The report was 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.

As of July 1, 2014, TMDL WLAs can receive State Water Control Board approval prior to EPA approval due to amendments outlined in § 2.2-4006 A 14 of the Code of Virginia. The TMDL report in this public notice has been reviewed by EPA for required TMDL elements, however, remains in draft form awaiting State Water Control Board approval. The draft report can be found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.

Affected Waterbodies and Localities for the two revised TMDL wasteload allocations:

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

"Bacteria and Benthic Total Maximum Daily Load (TMDL) Development for the Beaver Creek Watershed located in Bristol City and Washington County, Virginia"

· The revised Beaver Creek TMDL, located in the City of Bristol and Washington County, proposes E. coli reductions for the Beaver Creek watershed and provides an E. coli wasteload allocation of 4.38E+12 cfu/yr.

· The revised Beaver Creek TMDL, located in the City of Bristol and Washington County, proposes sediment reductions for the Beaver Creek watershed and provides sediment wasteload allocations of 310.91 tons/year.

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 Department of Environmental Quality 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 report is available on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx, and by contacting the DEQ representative named below for the report. The electronic copy is 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.

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.