STATE AIR POLLUTION CONTROL BOARD
Notice of Periodic Review and Small
Business Impact Review
Pursuant to Executive Order 14 (2018) and §§ 2.2-4007.1
and 2.2-4017 of the Code of Virginia, the Department of Environmental Quality
on behalf of the State Air Pollution Control Board is conducting a periodic
review and small business impact review of 9VAC5-530, Electric Generator
Voluntary Demand Response General Permit. The review of this regulation
will be guided by the principles in Executive Order 14 (2018).
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regulation should be repealed, amended, or retained in its current form.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 regulations may be viewed on the DEQ air regulation webpage
at http://www.deq.virginia.gov/Programs/Air
/Laws,Regulations,Guidance.aspx.
The comment period begins July 23, 2018, and ends August 13,
2018.
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 Gary Graham, Regulatory Analyst,
Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box
1105, Richmond, VA 23218, telephone (804) 698-4103, FAX (804) 698-4319, or
email gary.graham@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.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Availability of the 2017 Fish Tissue
Monitoring Data
Purpose of notice: The Virginia Department of Environmental
Quality (DEQ) announces the availability of the 2017 fish tissue monitoring
data on July 23, 2018.
Background: DEQ conducts routine studies of fish tissue and
sediment samples in state waters to assess the human health risks for
individuals who may consume fish from state waters and to identify impaired
aquatic ecosystems. Results are made available to the public each year on the
agency's website.
In 2017, DEQ collected fish tissue samples from sites located
in the Potomac, Shenandoah, James, York, Chowan, and Roanoke river basins.
Samples were analyzed for polychlorinated biphenyls and a suite of 17 metals,
including mercury.
2017
monitoring results will be available on the agency's website on July 23, 2018,
at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityMonitoring/FishTissueMonitoring/FishTissueResults.aspx.
Additional information: The
Virginia Department of Health (VDH) uses the data generated by DEQ's fish
tissue monitoring program to determine the need for fish consumption
advisories. More information on VDH fish consumption advisories is available at
http://www.vdh.virginia.gov/environmental-epidemiology/public-health-toxicology/fish-consumption-advisories/.
Contacts for more information:
Questions on DEQ's fish tissue monitoring program can be directed to Rick
Browder at telephone (804) 698-4134 or email richard.browder@deq.virginia.gov, or Gabriel Darkwah at telephone (804) 698-4127 or email
gabriel.darkwah@deq.virginia.gov. Additional information is also available on the DEQ
Water Quality Monitoring website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityMonitoring.aspx.
Contact Information: Rick
Browder, Sampling Coordinator, Department of Environmental Quality, P.O. Box
1105, Richmond, VA 23218, telephone (804) 698-4134, or email richard.browder@deq.virginia.gov.
Availability of the 2019 Citizen Water
Quality Monitoring Grant Program Request for Proposals
The Department of Environmental Quality (DEQ) is pleased to
make available the 2019 Citizen Water Quality Monitoring Grant Program Request
for Proposals (RFP). The primary purpose of these grants is to provide funding
for water quality monitoring groups and individuals to monitor the quality of
Virginia's waters. The grant can be used in a variety of ways, including
purchasing water quality monitoring equipment, training citizen volunteers,
paying lab analysis costs, and promoting stream monitoring at locations where
DEQ is not currently collecting water quality samples. Applicants can choose
from three grant options but may only apply for one grant. Multiple
applications will be rejected.
The grant options include:
1.
Mini-Grant: Maximum award up to $1,000. Open only to applicants who
have not received a DEQ citizen monitoring grant in the previous three years.
The grantee must use at least one-third of the award for equipment and begin
water monitoring before the end of the grant period.
2. Regular
Grant: Maximum award up to $5,000. Open to any applicants who wish to apply but
recommended for organizations already familiar with water quality monitoring.
The grantee must submit a Quality Assurance Project Plan (QAPP), use at least one-third
of the award for equipment, and begin water monitoring before the end of the
grant period.
3.
Coordination Grant: Maximum award up
to $11,000. Open only to applicants who coordinate at least three member
monitoring organizations that total 35 or more volunteers. In addition,
monitoring occurs at more than 50 sample sites, covering at least three
Virginia localities. The grantee must submit a QAPP, use at least one-third of
the award for equipment, and begin water monitoring before the end of the grant
period.
The grant application can be downloaded from the DEQ Citizen
Monitoring Program Grant webpage on July 2, 2018, at www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityMonitoring/CitizenMonitoring/GrantOpportunities.aspx.
In addition to offering the Citizen Water Quality Monitoring
Grant Program, DEQ also provides technical assistance with developing a water
quality monitoring program or a QAPP. Questions regarding the Citizen Water
Quality Monitoring Grant or technical assistance should be directed to Stuart
Torbeck, Department of Environmental Quality, P.O. Box 1105, Richmond, Virginia
23218, telephone (804) 698-4461, or email charles.torbeck@deq.virginia.gov.
Information is also available on the DEQ Citizen Monitoring Website at www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityMonitoring/CitizenMonitoring.aspx.
Contact Information: Stuart Torbeck, Department of
Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804)
698-4461, or email charles.torbeck@deq.virginia.gov.
Sol Madison Solar LLC Notice of Intent
for Small Renewable Energy Project (Solar) Permit by Rule - Orange County
Sol Madison 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 Orange
County pursuant to 9VAC15-60. The proposed Sol Madison Solar project will be a
62.5-megawatt alternating current photovoltaic solar facility on portions of
three parcels, totaling approximately 647 acres, roughly positioned south of
Constitution Highway and west of State Route 611, near Locust Grove in Orange
County. The project will be comprised of photovoltaic collectors and associated
equipment.
Contact Information: Mary E. Major, Department of
Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105,
Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.
DEPARTMENT OF LABOR AND INDUSTRY
Notice of Periodic Review and Small
Business Impact Review
Pursuant to Executive Order 14 (2018) and §§ 2.2-4007.1
and 2.2-4017 of the Code of Virginia, the Department of Labor and Industry 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 14 (2018). 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.
16VAC15-21, Maximum Garnishment Amounts
16VAC15-30, Virginia Rules and regulations Declaring
Hazardous Occupations
Contact Information: Holly Raney, Regulatory
Coordinator, Department of Labor and Industry, 600 East Main Street, Richmond,
VA 23219, email holly.raney@doli.virginia.gov.
The comment period begins July 23, 2018, and ends August 17,
2018.
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.
VIRGINIA LOTTERY
Director's Orders
The following Director's Orders of the Virginia Lottery were
filed with the Virginia Registrar of Regulations on July 3, 2018. 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
Seventy-Four (18)
Virginia Lottery's Scratch Game 1898 "$255,555 Bonus
Cash" Final Rules for Game Operation (effective June 18, 2018)
Director's Order Number Seventy-Five (18)
Virginia Lottery's Scratch Game 1897 "$55,555 Bonus
Cash" Final Rules for Game Operation (effective June 18, 2018)
Director's Order Number Seventy-Six (18)
Virginia Lottery's Scratch Game 1900 "Cash Money"
Final Rules for Game Operation (effective June 18, 2018)
Director's Order Number Seventy-Seven (18)
Virginia Lottery "1st Day Double Retailer Incentive
Promotion" (effective August 7, 2018)
Director's Order Number Eighty-Four (18)
Virginia Lottery's Computer-Generated Game "Print 'n Play
Classic 7s Bingo" Final Rules for Game Operation (effective August 5,
2018)
Director's Order Number Eighty-Five (18)
Virginia Lottery's Computer-Generated Game "Print 'n Play
Bonus 7s Bingo" Final Rules for Game Operation (effective August 5, 2018)
Director's Order Number Ninety-Two (18)
Certain Virginia Print 'n Play Games: End of Games
The following Virginia Lottery games will end on August 4,
2018:
Virginia Lottery's Print 'n Play Bonus Bingo (42 2018)
Virginia Lottery's Print 'n Play Hot 'n Spicy Bingo (38 2018)
Virginia Lottery's Print 'n Play Safari Bingo (37 2018)
Virginia Lottery's Print 'n Play High Roller Bingo (39 2018)
Virginia Lottery's Print 'n Play Smokin' Hot Crossword (36
2018)
Virginia Lottery's Print 'n Play Daily Crossword (41 2018)
Virginia Lottery's Print 'n Play Gold Rush Crossword (40 2018)
Virginia Lottery's Print 'n Play Diamond Club Crossword (45
2018)
Virginia Lottery's Print 'n Play Blackjack (43 2018)
Virginia Lottery's Print 'n Play $50,000 Blackjack (44 2018)
(effective August 4, 2018)
Director's Order Number
Ninety-Three (18)
Virginia Lottery's "Game Guy's Expedition Expeditions
Facebook Promotion" Final Rules for Operation (effective July 1, 2018)
Director's Order Number Ninety-Six (18)
Certain Virginia Promotion; Prize Structure Correction.
Mega Grocery Shopping Dash Amendment Order (72 2018) (this Director's
Order is effective nunc pro tunc to June 1, 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 Ninety-Seven (18)
"Retailer Recruitment Incentive Promotion" Virginia
Lottery Retailer Incentive Program Requirements (effective July 1, 2018)
Director's Order Number One Hundred-Six (18)
Virginia Lottery "Enhanced Selling Bonus Retailer
Incentive Promotion" (effective July 1, 2018)
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Draft Community Mental Health
Rehabilitative Services and Behavioral Therapy Supplement Provider Manuals for
Stakeholder Input
Comment period: June 26, 2018, to July 29, 2018.
The draft chapters (Chapters 2, 4, 5, 6, Appendix C, and the
Behavioral Therapy Supplement) of the Community Mental Health Rehabilitative
Services (CMHRS) Provider Manual are posted on the Department of Medical
Assistance Services for public comment through July 29, 2018.
The CMHRS Provider Manual will be finalized and officially
posted by August 1, 2018, at https://www.virginiamedicaid.dmas.virginia.gov/wps/portal/ProviderManual.
Contact Information: Emily McClellan, Regulatory
Manager, Division of Policy and Research, Department of Medical Assistance
Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone
(804) 371-4300, FAX (804) 786-1680, TDD (800) 343-0634, or email emily.mcclellan@dmas.virginia.gov.
Draft Psychiatric Services Provider
Manual for Stakeholder Input
Comment period: June 27, 2018, to July 27, 2018.
The draft chapters (Chapters 2, 4,
5, 6, and Appendix C) of the Psychiatric Services Provider Manual are posted on
the Department of Medical Assistance Services
website at http://www.dmas.virginia.gov/#/manualdraft for public comment through July 27, 2018.
The Psychiatric Services Provider Manual will be finalized and
officially posted by August 1, 2018, at https://www.virginiamedicaid.dmas.virginia.gov/wps/portal/ProviderManual.
Contact Information: Emily McClellan, Regulatory
Manager, Division of Policy and Research, Department of Medical Assistance
Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone
(804) 371-4300, FAX (804) 786-1680, TDD (800) 343-0634, or email emily.mcclellan@dmas.virginia.gov.
DEPARTMENT OF MINES, MINERALS AND ENERGY
Notice of Periodic Review and Small
Business Impact Review
Pursuant to Executive Order 14 (2018) and §§ 2.2-4007.1
and 2.2-4017 of the Code of Virginia, the Department of Mines, Minerals and
Energy 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 14 (2018). 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.
4VAC25-125, Regulations Governing Coal Stockpiles and Bulk
Storage and Handling Facilities
4VAC25-165, Regulations Governing the Use of Arbitration to
Resolve Coalbed Methane Gas Ownership Disputes
Contact Information: Michael Skiffington, Regulatory
Coordinator, Division of Administration, Department of Mines, Minerals and
Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219, or email mike.skiffington@dmme.virginia.gov.
The comment period begins July 23, 2018, and ends August 13,
2018.
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.
BOARD OF PHARMACY
Emergency Regulations for
Pharmaceutical Processors of CBD or THC-A Oil
Comment period: July 23, 2018, through August 22, 2018.
The Board of Pharmacy will be adopting proposed regulations to
replace emergency regulations for pharmaceutical processors at its meeting on
September 25, 2018. Prior to adoption, it is seeking comment on the regulations
as amended by the board at its meeting in June. Public comment may be posted on
the Virginia Regulatory Town Hall or sent to the executive director of the
board.
The emergency regulations may be viewed at http://leg1.state.va.us/000/lst/r1456642.HTM.
Contact Information: Caroline Juran, RPh, Executive
Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233,
telephone (804) 367-4456, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.
SAFETY AND HEALTH CODES BOARD
Notice of Periodic Review and Small
Business Impact Review
Pursuant to Executive Order 14 (2018) and §§ 2.2-4007.1
and 2.2-4017 of the Code of Virginia, the Virginia Department of Labor and
Industry (DOLI) and the Safety and Health Codes Board are conducting a periodic
review and small business impact review of 16VAC25-145, Safety Standards for
Fall Protection in Steel Erection, Construction Industry. The review of
this regulation will be guided by the principles in Executive Order 14 (2018).
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 July 23, 2018, and ends August 17,
2018.
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 may also be sent to Holly Raney, Regulatory
Coordinator, Virginia Department of Labor and Industry, 600 East Main Street,
Richmond, VA 23219, email holly.raney@doli.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.
Occupational Exposure to Beryllium for
General Industry
On June 14, 2018, the Safety and Health Codes Board adopted a
stay of compliance dates for the Occupational Exposure to Beryllium for General
Industry, 16VAC25-90-1910.1024, with an effective date of September 15, 2018. The
identical federal regulation, 29 CFR 1910.1024, has been subjected to an
administrative stay of enforcement by the federal Occupational Safety and
Health Administration (OSHA) per the memorandum from Director Thomas Galassi of
the OSHA Directorate of Enforcement Programs on May 2, 2018.
Occupational Exposure to Beryllium for
the Shipyard Industry and the Construction Industry
On June 14, 2018, the Safety and Health Codes Board adopted an
indefinite stay of compliance dates for the "ancillary" provisions of
the Occupational Exposure to Beryllium for the Shipyard Industry, Part 1915,
and the Construction Industry, Part 1926, 16VAC25-100-1915.1024 and
16VAC25-175-1926.1124, with an effective date of September 15, 2018. The board
also adopted a compliance date for §§ 1915.1024(c) and 1926.1124(c),
permissible exposure limits, with an effective date of September 15, 2018. The
identical federal regulations, 29 CFR 1915.1024 and 29 CFR 1926.1124, have been
subjected to an indefinite administrative stay and Health Administration (OSHA)
per the memorandum from Director Thomas Galassi of the OSHA Directorate of
Enforcement Programs on March 2, 2018.
STATE WATER CONTROL BOARD
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the
State Water Control Board conducted a small business impact review of 9VAC25-280,
Ground Water Standards, and determined that this regulation should be
retained in its current form. The State Water Control Board is publishing its
report of findings dated July 2, 2018, to support this decision in accordance
with § 2.2-4007.1 F of the Code of Virginia.
The current regulation continues to be needed. This regulation
establishes groundwater standards to protect the quality of groundwater in the
Commonwealth. No public comments were received during the periodic review
comment period.
The regulation establishes groundwater standards that are
statewide and applicable for the different physiographic provinces in the
Commonwealth. This regulation is a state-only regulation, and these standards
do not overlap, duplicate, or conflict with federal or state law or regulation.
This regulation was last amended in 2004. The groundwater
standards in this regulation continue to be beneficial.
The regulation establishes groundwater standards and does not
directly impact small businesses.
Contact Information: 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.
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the
State Water Control Board conducted a small business impact review of 9VAC25-740,
Water Reclamation and Reuse Regulation, and determined that this regulation
should be retained in its current form. The State Water Control Board is
publishing its report of findings dated June 27, 2018, to support this decision
in accordance with § 2.2-4007.1 F of the Code of Virginia.
The regulation continues to be needed. Consistent with State
Water Control Law, the regulation has established requirements for the
reclamation and reuse of wastewater that are protective of state waters and
public health as an alternative to directly discharging pollutants into state
waters.
Public comments were received during the periodic review of
this regulation and included the following:
• Changing terminology, labeling/identification,
education, and reclaimed water filling station requirements included in the
regulation.
• Increase funding to support reclaimed water projects.
• Include a "de minimus" provision for unplanned
releases of reclaimed water.
• Include industrial humidification as a generally approved
reuse of Level 1 reclaimed water.
• Develop a comprehensive direct and indirect potable reuse
framework in Virginia.
None of the commenters indicated their suggested change would
minimize the impact of the regulation on small business. Responses to
individual comments are included in the public comment section of the notice
posted on the Virginia Regulatory Town Hall.
The regulation is technical in nature and contains requirements
that are complex. These include different reclaimed water standards and
treatment requirements based on the type of wastewater to be reclaimed and the
intended reuse of the reclaimed water.
The regulation is a state-only regulation. There are federal
guidelines, but no federal regulations for the reclamation and reuse of
wastewater.
Although changes in technology have occurred since the last
amendment of the regulation in 2014, design and operational requirements of the
regulation remain applicable and relevant.
Consistent with § 62.1-44.2 of the Code of Virginia, the
regulation promotes and encourages the reclamation and reuse of wastewater in a
manner protective of the environment and public health but does not require any
person or party, including small businesses, to perform this activity.
Consequently, the regulation does not adversely impact small businesses.
Contact Information: 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.
Enforcement Action for Earl M.
Thompson
An enforcement action has been proposed for Earl M. Thompson
regarding certain violations of State Water Control Law that occurred at the
Breeze Hill Subdivision in Goochland County. 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 July 23, 2018, through August 22, 2018.
Proposed Consent Order for Dutoy Creek
Wastewater Treatment Plant
An enforcement action has been proposed for Powhatan County for
the Dutoy Creek Wastewater Treatment Plant located at 2040 Anderson Highway,
Powhatan County, VA. The State Water Control Board proposes to issue a consent
order to address noncompliance with State Water Control Law and regulations.
The order contains only a civil charge as the corrective action is complete. A
description of the proposed order is available at the Department of
Environmental Quality office named below or online at www.deq.virginia.gov.
Frank Lupini will accept comments by email at frank.lupini@deq.virginia.gov,
FAX at (804) 698-4277, or postal mail at Department of Environmental Quality,
P.O. Box 1105, Richmond, VA 23218, from
July 23, 2018, to August 23, 2018.
Public Meeting for Total Maximum Daily
Load Study for Barbours Creek, Craig Creek, Catawba Creek, Little Patterson
Creek, Sinking Creek, Lapsley Run, and Part of the James River
Public informational meeting: A community meeting will be held
on Tuesday, August 7, 2018, from 6 p.m. until 7 p.m. at the Eagle
Rock Public Library, 55 Eagles Nest Drive, Eagle Rock, VA 24085. In the case of
inclement weather, the meeting will be rescheduled for August 9, 2018, from 6 p.m.
until 7 p.m. at Eagle Rock Public Library. These meetings will be open to
the public, and all are welcome. For more information, please contact Lucy
Baker at lucy.baker@deq.virginia.gov or telephone (540) 562-6718.
Purpose of notice: The Department of Environmental Quality
(DEQ) and its contractors, Virginia Tech's Biological Systems Engineering
Department, will discuss the final results of a water quality study, known as a
total maximum daily load (TMDL) for Barbours Creek, Craig Creek, Catawba Creek,
Little Patterson Creek, Sinking Creek, Lapsely Run, and a section on the James
River in Craig and Botetourt Counties. These streams are listed on the
§ 303(d) TMDL Priority List and Report as impaired due to violations of
Virginia's water quality standards for recreational use and general standard
(benthics). Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of
the Code of Virginia requires DEQ to develop TMDLs for pollutants responsible
for each impaired water contained in Virginia's § 303(d) TMDL Priority
List and Report. This is an opportunity for local residents to learn about the
condition of these streams, share information about the area, and become
involved in the process of local water quality improvement. The draft TMDL can
be found on DEQ's website. A 30-day public comment period will follow the
meetings (August 7, 2018, to September 6, 2018).
Description of study: In Botetourt and Craig Counties, portions
of the James River, Catawba Creek, Craig Creek, Barbours Creek, Sinking Creek,
Lapsley Run, and Little Patterson Creek are impaired for the "recreational
use" water quality standard, meaning there is too much E. Coli bacteria
present in these waterbodies. A section of Catawba Creek does not have a healthy
and diverse community of aquatic organisms and subsequently does not meet the
"aquatic life" water quality standard. Excessive bacteria levels may
pose a threat to human health, therefore, a bacteria standard was established
to preserve recreational uses in Virginia's waterbodies. This water quality
study will report on the sources of bacteria and recommend reductions to meet
TMDLs for the impaired waters. A TMDL is the total amount of a pollutant a
water body can contain and still meet water quality standards. To restore water
quality, bacteria levels need to be reduced to the TMDL amount. A component of
a TMDL is the wasteload allocation (WLA); therefore, this notice is provided
pursuant to § 2.2-4006 A 14 of the Administrative Process Act
for any future adoption of the TMDL WLAs.
Stream
|
Impairment
length
|
Location description
|
County
|
Impairment
|
Craig
Creek
|
7.91
miles
|
Mainstem from the mouth of Turnpike Creek extending
downstream to the Rt. 311 crossing
|
Craig
County
|
Bacteria
|
Craig Creek
|
11.43 miles
|
Craig Creek from the mouth of Johns Creek downstream to the Barbours
Creek confluence
|
Craig County
|
Bacteria
|
Craig Creek
|
27.56 miles
|
Craig Creek mainstem from the mouth of Wilson Branch downstream to the
confluence with the James River
|
Botetourt County
|
Bacteria
|
Barbours Creek
|
7.15 miles
|
Barbours Creek from just downstream of the Rt. 617 and Rt. 611
junction at the mouth of Valley Branch downstream to its mouth on Craig Creek
|
Craig County
|
Bacteria
|
Little
Patterson Creek
|
4.24
miles
|
Little Patterson Creek from just upstream of the Rt.
684 (Sugar Tree Hollow Rd.) crossing downstream to its confluence with
Patterson Creek
|
Botetourt
County
|
Bacteria
|
Lapsley Run
|
9.01 miles
|
Lapsley Run from its confluence with the James River upstream to its
headwaters
|
Botetourt County
|
Bacteria
|
James River
|
7.63 miles
|
James River from the confluence of the Jackson and Cowpasture Rivers
downstream to the mouth of Stull Run
|
Botetourt County
|
Bacteria
|
Sinking Creek
|
6.42 miles
|
Sinking Creek mainstem from its mouth on the James River upstream to
the Rt. 697 crossing
|
Botetourt County
|
Bacteria
|
Catawba Creek
|
13.46
miles
|
Catawba Creek from the confluence of Little Catawba
Creek downstream to the Town of Fincastle publicly owned treatment works
|
Botetourt
County
|
Bacteria
|
Catawba
Creek
|
3.23
miles
|
Catawba Creek from Buchanan Branch downstream to the
confluence with Little Catawba Creek
|
Botetourt
County
|
Aquatic
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How to comment and participate: The meetings of the TMDL
process are open to the public and all interested parties are welcome. Written
comments will be accepted through September 6, 2018, and should include the
name, address, and telephone number of the person submitting the comments. For
more information or to submit written comments, please contact: Lucy Baker,
Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters
Creek Road, Roanoke, VA 24019, telephone (540) 562-6718, FAX (540) 562-6725, or
email lucy.baker@deq.virginia.gov.
Public Meetings for the Development of
a TMDL Implementation Plan for Mattaponi River Watershed: Brock Run, Chapel
Creek, Doctors Creek, Glady Run, Maracossic Creek, Mat River, Matta River,
Mattaponi River, Motto River, Po River, Polecat Creek, Poni River, Reedy Creek,
and Root Swamp
The Virginia Department of Environmental Quality (DEQ) will
host two public meetings on a water quality study for the Mattaponi River
Watershed, including portions of Brock Run, Chapel Creek, Doctors Creek, Glady
Run, Maracossic Creek, Mat River, Matta River, Mattaponi River, Motto River, Po
River, Polecat Creek, Poni River, Reedy Creek, and Root Swamp in Caroline, King
and Queen, King William, Orange, and Spotsylvania Counties on July 24, 2018,
and July 31, 2018.
The July 24 meeting will be held at the C. Melvin Snow Memorial
Library, 8740 Courthouse Road, Spotsylvania, VA 22553 from 6 p.m. until
8 p.m. The July 31 meeting will be at the Bowling Green Town Hall, 117
Butler Street, Bowling
Green, VA 22427, from 4:30 p.m. until 6:30 p.m.
The waters listed for this study were identified in Virginia's
Water Quality Assessment Integrated Report as impaired for not supporting the
E. Coli bacteria criteria for recreational uses. The impairments are based on
water quality monitoring data reports that documented exceedances of Virginia's
water quality standard for bacteria.
At these meetings, DEQ will discuss
the March 2016 Mattaponi River Watershed Bacteria Total Maximum Daily Load
(TMDL) report findings and the development of an implementation plan. Meeting
participants will learn how they can contribute to the plan development and
support restoration of the impaired waters within the watershed. After a
45-minute public meeting, stakeholders will break into working group sessions
to provide their initial input for the plan. One work group will discuss
agricultural bacteria source reduction needs and opportunities; the other work
group will discuss residential source reductions from septic systems, pet
wastes, and stormwater. An additional meeting of each working group will be
scheduled for fall 2018.
Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C
of the Code of Virginia require DEQ to develop total maximum daily loads for
pollutants responsible for each impaired water contained in Virginia's
§ 303(d) TMDL Priority List and Report and subsequent water quality
assessment reports. A TMDL is the total amount of a pollutant a water body can
contain and still meet water quality standards. To restore water quality,
pollutant levels have to be reduced to the TMDL amount. The TMDL report for
Mattaponi River, which was approved by EPA on July 19, 2016, can be found at http://www.deq.virginia.gov/Portals/0/DEQ/Water/TMDL/apptmdls/yorkrvr/MattaponiBact2016.pdf. Additional
information is also available on the DEQ website at www.deq.virginia.gov/tmdl.
The public comment period on materials presented at this
meeting will extend from July 31, 2018, to August 30, 2018. For additional
information or to submit comments, contact David Evans at the Virginia
Department of Environmental Quality, Northern Regional Office, 13901 Crown
Court, Woodbridge, VA 22193, by telephone (703) 583-3835, or email david.evans@deq.virginia.gov.
VIRGINIA WASTE MANAGEMENT BOARD
Notice of Periodic Review and Small
Business Impact Review
Pursuant to Executive Order 14 (2018) 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 9VAC20-170,
Transportation of Solid and Medical Wastes on State Waters. The review of
this regulation will be guided by the principles in Executive Order 14 (2018).
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 July 23, 2018, and ends August 13,
2018.
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.
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.
ERRATA
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Title of Regulation:
12VAC30-70. Methods and Standards for Establishing Payment Rates – Inpatient
Hospital Services.
Publication: 34:23 VA.R. 2162-2171 July 9, 2018
Correction to Final Regulation:
Page 2163, first column, above subsection A, insert "12VAC30-70-351.
Updating rates for inflation."
VA.R. Doc. No. R18-5387; Filed July 5,
2018