GENERAL NOTICES/ERRATA
Vol. 33 Iss. 26 - August 21, 2017

DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Proposed Variances to the Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115)

Notice of action: The Department of Behavioral Health and Developmental Services (DBHDS), in accordance with Part VI, Variances (12VAC35-115-220), of the Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115), hereafter referred to as the "Human Rights Regulations," is announcing an opportunity for public comment on applications for proposed variances to the Human Rights Regulations. The purpose of the regulations is to ensure and protect the legal and human rights of individuals receiving services in facilities or programs operated, licensed or funded by DBHDS.

Each variance application references the specific part of these regulations to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. Such application also describes time limits and other conditions for duration and the circumstances that will end the applicability of the variance. After considering all available information including comments, DBHDS intends to submit a written decision deferring, disapproving, modifying, or approving each variance renewal application. All variances shall be approved for a specific time period. The decision and reasons for variance will be published in a later issue of the Virginia Register of Regulations.

A. DBHDS is seeking comment on the application for new proposed variances to the Human Rights Regulations for DBHDS' Western State Hospital (WSH).

1. Variance to procedures for behavioral treatment plans, 12VAC35-115-105 H: Providers shall not use seclusion in a behavioral treatment plan.

2. Variance to procedures for behavioral treatment plans and use of seclusion, restraint, and time out, 12VAC35-115-110 C 3: Only residential facilities for children that are licensed under the Regulations for Children's Residential Facilities (12VAC35-46) and inpatient hospitals may use seclusion and only in an emergency.

Explanation: The requested variances will allow WSH to place an individual in an environment of seclusion, at the individual's request, and not as related to an emergency, in order to prevent self-injurious harm to the individual and to the staff members responsible for the individual's care.

B. DBHDS is seeking comment on this existing variance to the Human Rights Regulations (approved March 4, 2016) at DBHDS' Central State Hospital (CSH). The proposed revisions consist of updated regulatory references due to permanent revisions to the Human Rights Regulations (effective February 9, 2017), and administrative updates to the composition of the Maximum Security Appeals Committee.

1. Update regulatory references. The application clarifies that the following sections have been repealed from the Human Rights Regulations and replaced by new 12VAC35-115-175:

12VAC35-115-50 D 3 e (5): Abuse, Neglect, and Exploitation

12VAC35-115-60 B 1 d

12VAC35-115-140 A 2, A 4

12VAC35-115-170: Formal Complaint Process.

Change of membership of the appeals committee. 12VAC35-115-150: General Provisions: The two proposed changes to the membership of the committee are the addition of the Vice Chair of the State Human Rights Committee (SHRC), and the removal of the DBHDS Assistant Commissioner for Forensic Services.

Explanation: This existing variance bypasses the formal fact-finding process before the local human rights committee and instead, funnels the formal complaint resolution process for patients in the maximum security forensic units only, to review by a Maximum Security Appeals Committee. Specifically, due to an administrative decision to increase the objectivity of the committee, the proposed amendments are:

• A resident who has followed the procedures of CSH RTS-01d Patient and Family Complaint Resolution, and is not satisfied with the CSH Director's response may appeal the decision to the CSH Maximum Security Appeals Committee.

• The CSH Maximum Security Appeals Committee consists of the Chairperson and Vice Chair of the State Human Rights Committee, and the Department of Behavioral Health and Developmental Services (DBHDS) Director of Human Rights, and the DBHDS Assistant Commissioner for Forensic Services.

• The CSH Maximum Security Appeals Committee shall review the appeal and provide a written response within 21 days. If the complaint is determined by the Appeals Committee to be a founded complaint, the response, which includes recommendations outlining how the complaint should be resolved, shall be forwarded to the director for resolution. A copy shall be sent to the human rights advocate. This is the final level of appeal.

Variances to these regulations by the state facilities listed above are reviewed by the SHRC at least annually, with reports to the SHRC regarding the variances as requested.

Public comment period: August 21, 2017, through September 21, 2017.

Description of proposal: The proposed variance applications for renewal must comply with the general requirements of Part VI, Variances (12VAC35-115-220), of the Human Rights Regulations.

How to comment: DBHDS 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 DBHDS by the last day of the comment period. All information received is part of the public record.

To review a proposal: Variance applications and any supporting documentation may be obtained by contacting the DBHDS representative named below.

Contact Information: Deborah Lochart, Director, Office of Human Rights, Department of Behavioral Health and Developmental Services, 1220 East Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0032, FAX (804) 804-371-2308, or email deb.lochart@dbhds.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

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 Environmental Quality is conducting a periodic review and small business impact review of 9VAC15-90, Uniform Environmental Covenants Act Regulation. 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 August 21, 2017, and ends September 11, 2017.

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 Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@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.

Buckingham II Solar, LLC Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Buckingham County

Buckingham II Solar LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Buckingham County pursuant to 9VAC15-60. The project will be located on 295 acres across multiple parcels, on the north east and southwest corners of the intersection of James Anderson Highway and High Rock Road. The solar project conceptually consists of approximately 85,000 335-watt panels plus eight 2.7-megawatt inverters, which will provide a maximum 20 megawatts of nameplate capacity.

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.

Colonial Trail W Solar, LLC Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Surry County

Colonial Trail W Solar, LLC, has provided to the Department of Environmental Quality a revised notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Surry County pursuant to 9VAC15-60. The proposed project will be located to the northwest of the intersection of Colonial Trail (Route 10) and Hollybush Road (Route 618) in Surry County. This project will have a maximum generating capacity of 150 megawatts alternating current (AC) across roughly 1250 acres on multiple parcels, an increase from the previously submitted notice for a maximum capacity of 100 megawatts AC on January 4, 2017. There is an existing transmission line bisecting the property, and a new substation is proposed to be built to connect to the grid. A notice of intent was previously submitted for a project with a maximum generating capacity of 100 megawatts AC. The previous notice was posted to the Virginia Regulatory Town Hall on January 5, 2017, and published in the Virginia Register of Regulations on February 6, 2017.

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.

Dominion Energy Puller Solar Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Middlesex County

Dominion Energy Puller Solar Notice of Intent provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable solar energy project in Middlesex County. The project will be located on approximately 125 acres at 8611 General Puller Highway, Topping, Virginia. The solar facility will be comprised of ground-mounted single-axis tracking photovoltaic arrays and auxiliary equipment to provide approximately 15 megawatts alternating current of nameplate capacity. The project conceptually consists of 58,800 panels plus five inverters.

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.

Greenwood Solar I, LLC Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Culpeper County

Greenwood Solar I, LLC, an affiliate of Open Road Renewables, LLC, has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Culpeper County pursuant to 9VAC15-60. The project is located approximately one mile south of Stevensburg on the south side of State Route 3 in Culpeper County. The project will be constructed on multiple parcels of land totaling approximately 1,000 acres and will use conventional solar panels to deliver up to 100 megawatts of electricity (alternating current) to an existing transmission line. The preliminary design of the project calls for the project to use approximately 380,000 solar panels

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.

Maplewood Solar I, LLC Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Pittsylvania County

Maplewood Solar I, LLC, an affiliate of Open Road Renewables, LLC, has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Pittsylvania County pursuant to 9VAC15-60. The project is located in the vicinity of the community of Climax on the east and west sides of Climax Road in Pittsylvania County. The project will be constructed on multiple parcels of land totaling approximately 1,200 acres and will use conventional solar panels to deliver up to 120 megawatts of electricity (alternating current) to an existing transmission line. The preliminary design of the project calls for the project to use approximately 456,000 solar panels.

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.

Nokesville Solar, LLC Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Prince William County

Nokesville Solar LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Prince William County pursuant to 9VAC15-60. The project will be located on 300 acres across a single parcel on land west of Carriage Ford Road, north of Warrenton Road, and south and east of Route 28. The solar project conceptually consists of approximately 85,000 335-watt panels plus eight 2.7-megawatt inverters, which will provide a maximum 20 megawatts of nameplate capacity.

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.

Reservoir Solar, LLC Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Louisa County

Reservoir Solar LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Louisa County pursuant to 9VAC15-60. The project will be located on 1400 acres across multiple parcels on land west of Mineral Avenue and Kennon Road, north of Jefferson Highway, south of Davis Highway and east of School Bus Road. The solar project conceptually consists of approximately 421,000 335-watt panels plus 40 2.7-megawatt inverters, which will provide a maximum 99.9 megawatts of nameplate capacity.

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.

Sycamore Solar I, LLC Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule – Pittsylvania County

Sycamore Solar I, LLC, an affiliate of Open Road Renewables, LLC, has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Pittsylvania County pursuant to 9VAC15-60. The project is located on the north and south sides of State Route 40 between Hodnetts Road and Renan Road approximately 10 miles east of Gretna in Pittsylvania County. The project will be constructed on multiple parcels of land totaling approximately 420 acres and will use conventional solar panels to deliver up to 42 megawatts of electricity (alternating current) to an existing transmission line. The preliminary design of the project calls for the project to use approximately 159,600 solar panels.

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.

Walnut Solar I, LLC Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - King and Queen County

Walnut Solar I, LLC, an affiliate of Open Road Renewables, LLC, has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in King and Queen County pursuant to 9VAC15-60. The project is located approximately two miles southeast of the community of Shacklefords on the south side of State Route 14 in King and Queen County. The project will be constructed on multiple parcels of land totaling approximately 700 acres and will use conventional solar panels to deliver up to 70 megawatts of electricity (alternating current) to an existing transmission line. The preliminary design of the project calls for the project to use approximately 266,000 solar panels.

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.

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on August 2, 2017. The orders may be viewed at the Virginia Lottery, 600 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia.

Director's Order Number One Hundred Five (17)

Virginia Lottery's "Food Lion MVP Kiosk Coupon Promotion" Final Rules for Operation (This Director's Order becomes effective on August 2, 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 Seventeen (17)

Certain Virginia Promotion; Promotion Drawing Date Correction and Content Correction

Q1/Q2 FY18 eXTRA Chances Scratcher Promotion (104 2017)

(This Director's Order is effective nunc pro tunc to July 1, 2017, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Nineteen (17)

Certain Virginia Promotion; Promotion Requirement Correction

Summer Corvette® Giveaway Promotion (90 2017)

(This Director's Order is effective nunc pro tunc to June 9, 2017, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Twenty (17)

Virginia Lottery's Scratch Game 1807 "2X The Money" Final Rules for Game Operation (effective July 14, 2017)

Director's Order Number One Hundred Twenty-One (17)

Certain Virginia Instant Game Lotteries; End of Games.

In accordance with the authority granted by §§ 2.2-4002 B 15 and 58.1-4006 A of the Code of Virginia, I hereby give notice that the following Virginia Lottery instant games will officially end at midnight on July 21, 2017:

Game 1772

2X The Money (TOP)

Game 1764

777 (TOP)

Game 1763

Luck (TOP)

Game 1758

Loteria

Game 1753

Ch Ch Ch Chia Cash

Game 1733

2 For $1

Game 1689

20X The Money (TOP)

Game 1675

Lucky Dog Doubler (TOP)

Game 1668

Super Triple 777 (TOP)

Game 1642

$1,000,000 Bankroll

Game 1620

Golden Spades (TOP)

Game 1580

Cash Club

Game 1544

Platinum Payout

Game 1538

Winner Take All

The last day for lottery retailers to return for credit unsold tickets from any of these games will be September 1, 2017. The last day to redeem winning tickets for any of these games will be January 17, 2018, 180 days from the declared official end of the game. Claims for winning tickets from any of these games will not be accepted after that date. Claims that are mailed and received in an envelope bearing a postmark of the United States Postal Service or another sovereign nation of January 17, 2018, or earlier, will be deemed to have been received on time. This notice amplifies and conforms to the duly adopted State Lottery Board regulations for the conduct of lottery games.

This Director's Order becomes effective on July 18, 2017, and shall remain in full force and effect unless amended or rescinded by further Director's Order.

Director's Order Number One Hundred Twenty-Six (17)

Virginia's Computer-Generated Lottery Game Powerball® Final Rules for Game Operation (This Director's Order is effective nunc pro tunc to May 24, 2017, fully replaces any and all prior Virginia Lottery "Powerball" game rules, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

SAFETY AND HEALTH CODES BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Safety and Health Codes Board conducted a small business impact review of 16VAC25-20, Regulation Concerning Licensed Asbestos Contractor Notification, Asbestos Project Permits, and Permit Fees, and determined that this regulation should be retained in its current form. The Safety and Health Codes Board is publishing its report of findings dated July 28, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

A continued need for this regulation exists as the requirements are mandated by state law. The regulation, as written, continues to protect the safety, health, and welfare of the public by monitoring and controlling the potential hazards associated with asbestos removal projects, with the least cost to citizens and businesses of the Commonwealth. No comments were received during this periodic review. The regulation is not overly complex and is clearly written. It does not duplicate, overlap, or conflict with state or federal laws or regulations, and there is no apparent negative impact on the regulated community. The regulation was last reviewed in 2013. Little or no change has occurred in technology, economic conditions, and other factors that would affect the regulation.

Contact Information: Holly Raney, Regulatory Coordinator, Virginia Department of Labor and Industry, 600 East Main Street, Richmond, VA 23219, email holly.raney@doli.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Safety and Health Codes Board conducted a small business impact review of 16VAC25-30, Regulations for Asbestos Emissions Standards for Demolition and Renovation Construction Activities and the Disposal of Asbestos-Containing Construction Wastes--Incorporation By Reference, 40 CFR 61.140 through 61.156, and determined that this regulation should be retained in its current form. The Safety and Health Codes Board is publishing its report of findings dated July 28, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

A continued need for this regulation exists as the requirements are mandated by federal law. The regulation, as written, continues to protect the safety, health, and welfare of the public by regulating the hazards associated with asbestos emission and disposal of asbestos-containing construction waste, with the least cost to citizens and businesses of the Commonwealth. No comments were received during this periodic review. The regulation is not overly complex and is clearly written. It does not duplicate, overlap, or conflict with state or federal laws or regulations, and there is no apparent negative impact on the regulated community. The regulation was last reviewed in 2013. Little or no change has occurred in technology, economic conditions, and other factors that would affect the regulation.

Contact Information: Holly Raney, Regulatory Coordinator, Virginia Department of Labor and Industry, 600 East Main Street, Richmond, VA 23219, email holly.raney@doli.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Safety and Health Codes Board conducted a small business impact review of 16VAC25-40, Standard for Boiler and Pressure Vessel Operator Certification, and determined that this regulation should be retained in its current form. The Safety and Health Codes Board is publishing its report of findings dated July 28, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

A continued need for this regulation exists as the requirements are mandated by state law. The regulation, as written, continues to protect the safety, health, and welfare of the public from the dangers of boiler or pressure vessels being operated in an unsafe manner or by unqualified operators with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth. No comments were received during this periodic review. The regulation is not overly complex and is clearly written. It does not duplicate, overlap, or conflict with state or federal laws or regulations, and there is no apparent negative impact on the regulated community. The regulation was last amended in 2013. Little or no change has occurred in technology, economic conditions, and other factors that would affect the regulation. 

Contact Information: Holly Raney, Regulatory Coordinator, Virginia Department of Labor and Industry, 600 East Main Street, Richmond, VA 23219, email holly.raney@doli.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Safety and Health Codes Board conducted a small business impact review of 16VAC25-70, Virginia Confined Space Standard for the Telecommunications Industry, and determined that this regulation should be retained in its current form. The Safety and Health Codes Board is publishing its report of findings dated July 28, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

A continued need for this regulation exists because it more adequately protects the safety, health, and welfare of telecommunication workers than the federal standard. The regulation establishes minimum protections against exposure to hazardous chemicals and hazardous atmospheres when working in confined spaces, with the least cost to citizens and businesses of the Commonwealth. No comments were received during this periodic review. The regulation is not overly complex and is clearly written. It does not duplicate, overlap, or conflict with state or federal laws or regulations, and there is no apparent negative impact on the regulated community. The regulation was last reviewed in 2013. Little or no change has occurred in technology, economic conditions, and other factors that would affect the regulation.

Contact Information: Holly Raney, Regulatory Coordinator, Virginia Department of Labor and Industry, 600 East Main Street, Richmond, VA 23219, email holly.raney@doli.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Safety and Health Codes Board conducted a small business impact review of 16VAC25-97, Reverse Signal Operation Safety Requirements for Motor Vehicles, Machinery, and Equipment in General Industry and the Construction Industry, and determined that this regulation should be retained in its current form. The Safety and Health Codes Board is publishing its report of findings dated July 28, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

A continued need for this regulation exists because it more adequately protects employees in work zones in which vehicles and machinery are operating with an obstructed rear view than the equivalent federal standards. The regulation, as written, continues to protect the safety, health, and welfare of the public by establishing minimum safety standards for reverse signal procedures, with the least cost to citizens and businesses of the Commonwealth. No comments were received during this periodic review. The regulation is not overly complex and is clearly written. It does not duplicate, overlap, or conflict with state or federal laws or regulations, and there is no apparent negative impact on the regulated community. The regulation was last reviewed in 2013. Little or no change has occurred in technology, economic conditions, and other factors that would affect the regulation.

Contact Information: Holly Raney, Regulatory Coordinator, Virginia Department of Labor and Industry, 600 East Main Street, Richmond, VA 23219, email holly.raney@doli.virginia.gov.

STATE WATER CONTROL BOARD

Total Maximum Daily Load for Birch Creek and Dan River Watersheds

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the draft total maximum daily load (TMDL) implementation plan (IP) for the Birch Creek and Dan River watersheds in Halifax and Pittsylvania Counties and the City of Danville. These streams were 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. The following are the names of the bacteria impaired streams and the length of the impaired segments: Cascade Creek, 11.79 miles; Tanyard Creek, 2.85 miles; Sugartree Creek, 6.96 miles; Stewart Creek, 7.34 miles; Pumpkin Creek, 4.28 miles; Cane Creek, 12.25 miles; Lawless Creek, 4.71 miles; Big Toby Creek, 7.56 miles; Powells Creek, 4.63 miles; Sandy Creek, 9.41 miles; upper tributary-Birch Creek, 5.35 miles; Germy Creek, 5.36 miles; Lawsons Creek, 8.26 and 7.27 miles; Miry Creek, 1.11 miles; Stokes Creek, 6.35 miles; Sandy River, 7.22 miles; Sandy Creek, 9.48 miles; Dan River, 35.06 miles; Fall Creek, 11.97 miles; Double Creek, 8.88 miles; Byrds Branch, 3.76 miles.

The Birch Creek TMDL study was approved by the Environmental Protection Agency in 2004 and by the State Water Control Board in 2005, and can be found in the Bacteria TMDL for Birch Creek Watershed, Virginia report (available at http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/roankrvr/birchfc.pdf.) The Dan River TMDL was approved by EPA in 2008 and approved by the State Water Control Board in 2009, and can be found in the Bacteria TMDL Development for the Dan River, Blackberry Creek, Byrds Branch, Double Creek, Fall Creek, Leatherwood Creek, Marrowbone Creek, North Fork Mayo River, South Fork Mayo River, Smith River, Sandy Creek, and Sandy River Watersheds report (available at http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/roankrvr/danec.pdf.) The Henry County and Patrick County portions of the Dan River TMDL Watershed were included in the South Mayo River, North Mayo River, Blackberry Creek, Marrowbone Creek, Leatherwood Creek and Smith River Watershed Implementation Plan (2013) (available at http://www.deq.virginia.gov/Portals/0/DEQ/Water/TMDL/ImplementationPlans/SmithMayo_Technical_Report_FINAL.pdf.)

Section 62.1-44.19:7 C of the Code of Virginia requires the development of an 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. The draft TMDL Implementation Plan and meeting documents are available at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLImplementation/TMDLImplementationProgress.aspx.

A public meeting will be held to discuss the draft implementation plan for the Birch Creek and Dan River watersheds. At this meeting, the process by which the implementation plan was developed to restore water quality in the watersheds will be discussed, and citizens will learn how they can be part of the water quality improvement process.

The public meeting will be held from 6 p.m. until 8 p.m. on August 29, 2017, at the Danville Regional Airport, East Conference Room, 424 Airport Drive, Danville, VA 24540. In the event of severe weather, the public meeting will occur on August 31, 2017, at the same time and location.

DEQ accepts written comments by email, fax, or postal mail. The 30-day public comment period on the information presented at the meeting begins August 29, 2017, and ends September 28, 2017. Questions or information requests should be addressed to James Moneymaker with the Virginia Department of Environmental Quality. Written comments and inquiries should include the name, address, and telephone number of the person submitting the comments and should be sent to James Moneymaker, Virginia Department of Environmental Quality, 3019 Peters Creek Road, Roanoke, VA 24019, telephone (540) 562-6738, FAX (540) 562-6725, or email james.moneymaker@deq.virginia.gov.

Proposed Consent Order for Sussex Service Authority

An enforcement action has been proposed for the Sussex Service Authority for violations at the Spring Branch Wastewater Treatment Plant (WWTP), located at 601 Jasper Lane in Waverly, Virginia. The State Water Control Board proposes to issue a consent order to address noncompliance with its Virginia Pollutant Discharge Elimination Permit at the WWTP. A description of the proposed action is available at the Department of Environmental Quality office named below, or online at www.deq.virginia.gov. Kyle Ivar Winter, P.E., will accept comments by email at kyle.winter@deq.virginia.gov, FAX at (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from August 23, 2017, to September 22, 2017.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; 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 https://commonwealthcalendar.virginia.gov.

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.