GENERAL NOTICES/ERRATA
Vol. 34 Iss. 11 - January 22, 2018

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-321, Regulation of the Harvest and Purchase of Wild Ginseng, and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated December 5, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The provisions of this regulation ensure the long-term survival and sustainability of ginseng in the Commonwealth. The Endangered Plant and Insect Species Act requires that individuals or companies purchasing ginseng in Virginia for the purpose of reselling must first obtain a Ginseng License from VDACS. The cost of this license is $10. Currently, there are 83 entities licensed as ginseng dealers. The requirements of this regulation have addressed U.S. Fish and Wildlife Service concerns that export of ginseng to other countries may be detrimental to the continued survivability of ginseng, thus allowing for the continued export of wild ginseng from Virginia to other countries. The prohibition of this export activity would have a significant impact on ginseng dealers and exporters. It is estimated that the annual value of wild ginseng exported from Virginia is approximately $1.5 million.

The agency has not received any complaints or comments from licensees, the public, or small businesses concerning any negative economic impacts as a result of this regulation. This regulation does not duplicate or conflict with any federal or state law or regulation. The agency determined that no changes have occurred since this regulation became effective in August 2013 that necessitate amending the regulation.

Contact Information: Debra Martin, Program Manager, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3515, FAX (804) 371-7793, or email debra.martin@vdacs.virginia.gov.

CHARITABLE GAMING BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Charitable Gaming Board conducted a small business impact review of 11VAC15-40, Charitable Gaming Regulations, and determined that this regulation should be retained in its current form. The Charitable Gaming Board is publishing its report of findings dated December 8, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The agency determined requirements established in the Charitable Gaming Regulations are not unnecessarily burdensome and provide an important means of ensuring the proper conduct, controls, reporting, and recordkeeping for licensees who conduct charitable gaming activities. The regulation also provides a means of ensuring charitable gaming activities are conducted in a manner consistent with the purpose for which they are permitted in the charitable gaming statutes. The agency has determined that this regulation is not unnecessarily complex and that the complexity of this regulation is not such that it would have an economic impact on small businesses.

Charitable Gaming Regulations (11VAC15-40) do not appear to overlap, duplicate, or conflict with any federal or state law or regulation. The regulation was last amended in November 2016. The agency has determined that no change in the affected industry has occurred since the regulation was last amended that would necessitate the amendment or repeal of this regulation.

Contact Information: Michael Menefee, Program Manager, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3983, FAX (804) 371-7479, or email michael.menefee@vdacs.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Endless Caverns Solar LLC Notice of Intent for a Small Renewable Energy Project (Solar) Permit by Rule - Rockingham County

Endless Caverns 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 Rockingham County, Virginia pursuant to 9VAC15-60. The project is located on a 243-acre parcel off Craney Island Road in Rockingham County. The project will have a rated capacity of up to 31.5 megawatts alternating current.

Contact Information: Mary E. Major, Department of Environmental Quality, 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 28, 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 Two Hundred (17)

Virginia Lottery's "Print 'n Play Playback" Final Rules for Operation (This Director's Order becomes effective on January 7, 2018, 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 Two Hundred One (17)

Certain Virginia Game: Game Number Correction. 20X the Money (86 2017) is amended as follows in order to correct the game number: in all occurrences of game number "1781" the game number becomes "1864" (effective December 20, 2017)

Director's Order Number Two Hundred Two (17)

Virginia Lottery's "Thank A Teacher Art Contest" Final Rules for Operation (This Director's Order becomes effective on January 2, 2018, 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 Two Hundred Three (17)

Virginia Lottery's Computer-Generated Game "Print 'n Play Blackjack Classic" Final Rules for Game Operation (effective January 7, 2018)

Director's Order Number Two Hundred Four (17)

Virginia Lottery's Computer-Generated Game "Print 'n Play Bulls Eye Bingo" Final Rules for Game Operation (effective January 7, 2018)

Director's Order Number Two Hundred Five (17)

Virginia Lottery's Computer-Generated Game "Print 'n Play Horoscope Crossword" Final Rules for Game Operation (effective January 7, 2018)

Director's Order Number Two Hundred Six (17)

Virginia Lottery's Computer-Generated Game "Print 'n Play Money Bag Crossword" Final Rules for Game Operation (effective January 7, 2018)

Director's Order Number Two Hundred Seven (17)

Virginia Lottery's Computer-Generated Game "Print 'n Play Rockin' Bingo" Final Rules for Game Operation (effective January 7, 2018)

Director's Order Number Two Hundred Eight (17)

Certain Virginia Print 'n Play Games: End of Games. The following games will end on January 6, 2018:

Virginia Lottery's Print 'n Play Bonus Bingo (188 2017)

Virginia Lottery's Print 'n Play Blackjack (142 2017)

Virginia Lottery's Print 'n Play Daily Crossword (143 2017)

Virginia Lottery's Print 'n Play Smokin' Hot Crossword (150 2017)

Virginia Lottery's Print 'n Play Hot N' Spicy Bingo (147 2017)

(effective January 6, 2018)

Director's Order Number Two Hundred Ten (17)

Virginia Lottery's Scratch Game 1808 "Cash Multiplier Crossword" Final Rules for Game Operation (effective December 21, 2017)

Director's Order Number Two Hundred Eleven (17)

Virginia Lottery's Scratch Game 1821 "Winning Hand" Final Rules for Game Operation (effective December 21, 2017)

Director's Order Number Two Hundred Twelve (17)

Certain Virginia Promotion; Game Number Corrections. eXTRA Chances Scratcher Promotion (169 17) is amended as follows in order to correct certain game numbers. In all occurrences:

$20 Super cash Frenzy game number 1870 is corrected to read 1874

30x the Cash Party game number 1875 is corrected to read 1888

Jewel 7's Playbook game number 1869 is corrected to read 1872

$1 Hot 7's game number 1852 is corrected to read 1882

$2 Red Hot 7's game number 1853 is corrected to read 1883

$5 Sizzling Hot 7's game number 1854 is corrected to read 1884

$10 Blazing Hot 7's game number 1855 is corrected to read 1885

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

Director's Order Number Two Hundred Thirteen (17)

Certain Virginia Game: Draw Date/Time Change. The Virginia's New Year's Millionaire Raffle (182 2017) draw date/time is changed to the afternoon of December 29, 2017, from 10:00 a.m., January 1, 2018. (effective December 28, 2017)

STATE WATER CONTROL BOARD

Proposed Enforcement Action for the Kinder Morgan Operating L.P. "C" Elizabeth River Terminals LLC

An enforcement action has been proposed for the Kinder Morgan Operating L.P. "C" Elizabeth River Terminals LLC facility for violations of the State Water Control Law in Chesapeake, Virginia. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Jennifer Coleman, Esq. will accept comments by email at jennifer.coleman@deq.virginia.gov, FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from January 22, 2018, to February 20, 2018.

Proposed Consent Special Order for McCarthy Building Companies Inc.

An enforcement action has been proposed for McCarthy Building Companies Inc. for violations at the Essex Solar Center in Essex County, Virginia. The State Water Control Board proposes to issue a special order by consent to McCarthy Building Companies 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 22, 2018, to February 23, 2018.

Proposed Consent Special Order for TruGreen Limited Partnership

An enforcement action has been proposed for TruGreen Limited Partnership for Incident Report No. 2017-S-2594, which occurred near Galax in Grayson County, Virginia. The State Water Control Board proposes to issue a special order by consent to TruGreen Limited Partnership 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. Ralph T. Hilt will accept comments by email at ralph.hilt@deq.virginia.gov, FAX at (276) 676-4899, or postal mail at Department of Environmental Quality, Southwest Regional Office, 355A Deadmore Street, Abingdon, VA 24210, from January 23, 2018, through February 21, 2018.

Proposed Consent Special Order for Woodfin Heating Inc.

An enforcement action has been proposed for Woodfin Heating Inc. for alleged violations that occurred at Interstate 95 on the ramp of Exit 69 near Commerce Road in Richmond, Virginia. The State Water Control Board proposes to issue a consent special order to Woodfin Heating Inc. to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Cynthia Akers will accept comments by email at cynthia.akers@deq.virginia.gov, FAX at (804) 698-4187, or postal mail at Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, from January 22, 2018, to February 21, 2018.

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 on the proposed amendment. The purpose of the amendment to the state's Water Quality Management Planning Regulation (9VAC25-720) is to adopt six new total maximum daily load (TMDL) wasteload allocations.

Public comment period: January 22, 2018, to February 21, 2018.

Description of proposed action: DEQ staff will propose amendments of the state's Water Quality Management Planning Regulation for the Potomac-Shenandoah River Basin (9VAC25-720-50 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 1) that the board approve the two TMDL reports as the plans for the pollutant reductions necessary for attainment of water quality goals in the impaired segments, 2) that the board authorize inclusion of the two TMDL reports in the appropriate Water Quality Management Plan, and 3) that the board adopt six new TMDL wasteload allocations (WLAs) 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 reports were developed in accordance with federal regulations (40 CFR 130.7) and are exempt from the provisions of Article 2 of the Virginia Administrative Process Act. The reports were 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 two TMDL reports in this public notice have been reviewed by EPA for required TMDL elements, however, remain in draft form awaiting State Water Control Board approval. The draft reports can be found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.

Affected waterbodies and localities for the six new TMDL wasteload allocations:

Potomac-Shenandoah River Basin (9VAC25-720-50 A):

1. "Sediment TMDLs for the Accotink Creek Watershed, Fairfax County, Virginia"

The Accotink Creek TMDL, located in the City of Fairfax and Fairfax County, proposes sediment reductions for the Upper Accotink Creek, Lower Accotink Creek, and Long Branch watersheds and provides sediment wasteload allocations of 2,338 tons/year, 3,073 tons/year, and 936 tons/year.

2. "Chloride TMDLs for the Accotink Creek Watershed, Fairfax County, Virginia"

The Accotink Creek TMDL, located in the City of Fairfax and Fairfax County, proposes chloride TMDLs for the Upper Accotink Creek, Lower Accotink Creek, and Long Branch watersheds and provides chloride wasteload allocations of 5,444,279 lbs/year, 3,723,479 lbs/year, and 873,049 lbs/year.

How to comment: The 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 DEQ 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 reports are 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 any report. The electronic copies are in PDF format and may be read online or downloaded.

Contact for public comments, document requests, and additional information: Will Isenberg, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4228, FAX (804) 698-4032, or email william.isenberg@deq.virginia.gov.

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.