GENERAL NOTICES
Vol. 33 Iss. 11 - January 23, 2017

DEPARTMENT OF ENVIRONMENTAL QUALITY

BM&D Ltd. Notice of Intent - Small Renewable Energy (Solar) Project Permit by Rule - Pulaski County

BM&D Ltd. has provided notice to the Department of Environmental Quality of its intent to submit the necessary documentation for a permit by rule for a small solar energy project sited over two parcels in Pulaski County, Virginia, pursuant to 9VAC15-60. The solar energy project will consist of a facility with 96 700-panel photovoltaic solar generation and a total capacity of 48-megawatt peak installed on two sites totaling approximately 320 acres. The 40-megawatt peak will be installed on a parcel along Cougar Trail Road, and the eight-megawatt peak installed on a parcel in the New River Valley Commerce Park, both in Pulaski County.

Contact Information: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on December 22, 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 Seventy-Six (16)

Virginia Lottery's "Convenience Cash Raffle Promotion" Final Rules for Operation (this Director's Order becomes effective on January 1, 2017, and shall remain in full force and effect through the end Promotion date unless amended or rescinded by further Director's Order)

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

Certain Virginia Print 'n Play Games; End of Games - Virginia Lottery's Print 'n Play Blackjack (124 16); Virginia Lottery's Print 'n Play Bonus Bingo (125 16); Virginia Lottery's Print 'n Play Daily Crossword (126 16); Virginia Lottery's Print 'n Play Hot 'n Spicy Bingo (132 16); Virginia Lottery's Print 'n Play Smokin' Hot Crossword (129 16) (effective January 7, 2017)

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

Virginia Lottery's Scratch Game 1733 "2 FOR $1" Final Rules for Game Operation (effective December 20, 2016)

Director's Order Number One Hundred Eighty (16)

Virginia Lottery's "Q3 FY 17 eXTRA Chances Scratcher Promotion" Final Rules for Operation (effective January 1, 2017)

DEPARTMENT OF MINES, MINERALS AND ENERGY

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Mines, Minerals and Energy conducted a small business impact review of 4VAC25-90, Regulations Governing the Use of Diesel-Powered Equipment in Underground Coal Mines, and determined that this regulation should be retained in its current form. The Department of Mines, Minerals and Energy is publishing its report of findings dated December 21, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation is mandated by statute. In conjunction with the Coal Mine Safety Board, the Chief of the Division of Mines has determined this regulation is effective as currently written and does not burden small businesses.

Contact Information: Michael Skiffington, Policy and Planning Manager, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23223, telephone (804) 692-3212, FAX (804) 692-3237, or email mike.skiffington@dmme.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Mines, Minerals and Energy conducted a small business impact review of 4VAC25-145, Regulations on the Eligibility of Certain Mining Operators to Perform Reclamation Projects, and determined that this regulation should be retained in its current form. The Department of Mines, Minerals and Energy is publishing its report of findings dated December 21, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation is mandated by statute. The Director of Department of Mines, Minerals and Energy has determined this regulation is effective as currently written and does not burden small businesses.

Contact Information: Michael Skiffington, Policy and Planning Manager, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23223, telephone (804) 692-3212, FAX (804) 692-3237, or email mike.skiffington@dmme.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Special Order for the Bedford Regional Water Authority

An enforcement action has been proposed with the Bedford Regional Water Authority for violations in Moneta, Virginia. The amendment to a special order by consent will modify the previous special order by consent that addresses and resolves violations of environmental law and regulations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Jerry Ford, Jr. will accept comments by email at jerry.ford@deq.virginia.gov or postal mail at Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, from January 23, 2017, to February 22, 2017.

Proposed Consent Special Order for the ESF, LLC

An enforcement action has been proposed for the ESF, LLC for violations of State Water Control Law and the applicable regulations at the Cottages of Steeplechase subdivision in Botetourt County, Virginia. The proposed enforcement action includes a civil charge. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Robert Steele will accept comments by email at robert.steele@deq.virginia.gov, FAX at (540) 562-6777, or postal mail at Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, from January 23, 2017, to February 22, 2017.

Proposed Consent Special Order for Melvin L. Davis Oil Company, Inc.

An enforcement action has been proposed for Melvin L. Davis Oil Company, Inc. for violations at the Davis C Store in Sussex County, Virginia. The State Water Control Board proposes to issue a special order by consent to the Melvin L. Davis Oil Company, Inc. to address noncompliance with the State Water Control Law and regulations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Kristen Sadtler will accept comments by email at kristen.sadtler@deq.virginia.gov, FAX at (804) 698-4277, or postal mail at Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, from January 23, 2017, to February 22, 2017.

Total Maximum Daily Load Implementation Plan for the Yeocomico River Watershed

The Virginia Department of Environmental Quality (DEQ) will host an informational meeting to discuss the development of a cleanup plan for the Yeocomico River Watershed in Northumberland and Westmoreland Counties. The meeting will be held on February 2, 2017, from 6 p.m. until 8 p.m. at the Northumberland Public Library, 7204 Northumberland Highway, Heathsville, VA 22473. This meeting is open to the public, and all are welcome. Participants will have the opportunity to contribute to the watershed cleanup plan by offering input and sharing information about the area and its local streams.

A total maximum daily load (TMDL) implementation plan for the Yeocomico River watershed is being developed by DEQ and the Virginia Institute of Marine Science. Since portions of local streams have high levels of bacteria, they are currently listed on the state's list of impaired waters. TMDLs for fecal coliform were developed in 2008 and now require a TMDL implementation plan. The high bacteria levels have led to the closure of shellfish harvesting in segments of these waterbodies. To restore water quality, pollutant levels must be reduced to meet the current water quality standards in Virginia. The EPA approved TMDL can be located on DEQ's website at: http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMDLReports.aspx.

Streams with impaired water quality include Gardner, Jackson, and Bonum Creeks in Westmoreland County; Mill Creek in Northumberland County; and portions of the Yeocomico River.

The public comment period begins February 2, 2017, and ends March 3, 2017. Written comments will be accepted by email, fax, or postal mail to Kaitlin Ranger, NPS TMDL Coordinator, Department of Environmental Quality, Piedmont Regional Office, telephone (804) 527-5018, or email kaitlin.ranger@deq.virginia.gov.

Additional information is also available on the DEQ website at http://www.deq.virginia.gov/Programs/Water
/WaterQualityInformationTMDLs/TMDL/TMDLImplementation.aspx
.

VIRGINIA INFORMATION TECHNOLOGIES AGENCY

Proposed IMSAC Guidance Documents on Identity Management of Non-Person Entities and Privacy, Security, and Confidentiality of Identity Information

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). 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 IMSAC, acting on behalf of the Secretary of Technology. 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.); and (iii) any other related data standards or specifications concerning reliance by third parties on identity credentials, as defined in § 59.1-550.

Purpose Statement for the Identity Management of Non-Person Entities Guidance Document:

The purpose of this document is to establish minimum specifications for identity management of non-person entities (NPEs) in a digital identity system. The document also outlines a data model for interoperability and discovery of identity information on NPEs.

The document limits its focus to identity management of NPEs. 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 the Privacy, Security, and Confidentiality of Identity Information Guidance Document:

The purpose of this document is to establish minimum specifications for the privacy, security, and confidentiality of identity information within a digital identity system. The minimum specifications apply core provisions of the Commonwealth of Virginia's Information Security Standard 501 and National Institute of Standards and Technology Special Publication 800-53-4.

The document limits its focus to privacy, security, and confidentiality of identity information. 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 available with comments and proposed changes by IMSAC at https://www.vita.virginia.gov/About/default.aspx?id=6442474173.

Public comment period: January 23, 2017, through March 6, 2017.

Public hearing: A public meeting will be held on March 6, 2017, at 11 a.m. 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 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 March 6, 2017, 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 March 6, 2017. Meeting details will be posted on the Commonwealth Calendar and 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 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.

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.

ERRATA

STATE BOARD OF HEALTH

Title of Regulation: 12VAC5-481. Virginia Radiation Protection Regulations.

Publication: 32:13 VA.R. 2025-2051 February 22, 2016.

Correction to Final Regulation:

Page 2046, column two, line 14 of the definition of the term "special nuclear material in quantities not sufficient to form a critical mass," the formula should read:

"(175 grams contained U235/350) + (50 grams U-233/200) + (50 grams Pu/200) = 1"

VA.R. Doc. No. R16-4630; Filed January 5, 2017