STATE AIR POLLUTION CONTROL BOARD

Draft Permit/SIP Plan Revision

Purpose of notice: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed permit to limit air pollution emitted by a facility in Richmond, Virginia. If adopted, the Commonwealth intends to submit the permit or portion thereof as a revision to its state implementation plan (SIP) in accordance with the requirements of §110(a) of the federal Clean Air Act. The SIP is the plan developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act.

Public comment period: September 1, 2008, to September 30, 2008.

State public hearing procedure: Interested persons may request a public hearing.  The request must be made in writing to the contact listed below and received by DEQ by 5 p.m. on the last day of the comment period. In order to be considered, the request must include the full name, address and telephone number of the person requesting the hearing and of all people represented by the requester. The request must also include: (i) the reason why a public hearing is requested; (ii) a brief statement setting forth the factual nature and extent of interest in the proposed permit, including how the operation of the facility affects the requester; and (iii) specific references to applicable terms and conditions of concern as well as suggested revisions. A public hearing may be held as required by § 10.1-1322.01 of the Code of Virginia if at least 25 requests are received in accordance with these procedures. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be conducted.

Federal public hearing procedure: Interested persons may request a public hearing.  The request must be made in writing to the contact listed below and received by DEQ by 5 p.m. on the last day of the comment period. In order to be considered, the request must include the full name, address and telephone number of the person requesting the hearing and of all people represented by the requester. A public hearing will be held as required by 40 CFR 51.102(a) if a request is received in accordance with these procedures. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be conducted.

Permit name: State operating permit issued by DEQ, under the authority of the State Air Pollution Control Board.

Name, address and registration number: Reynolds Consumer Products Company (Richmond Foil Plant South), P.O. Box 24688, 7th and Bainbridge Streets, Richmond, VA 23224, Registration No. 50534.

Description of proposal: The proposed revision consists of the control of emissions of volatile organic compounds (VOCs) to the atmosphere from the Reynolds Consumer Products Company located in Richmond, VA.

The proposed revision consists of a determination of reasonably available control technology (RACT) for the control of emissions of volatile organic compounds (VOC) to the atmosphere from the Reynolds Consumer Products Company. The RACT determination is being made pursuant to 9VAC5-40-7370 of state regulations. A state operating permit is being issued as an administrative mechanism to enforce the RACT determination. The permit is being issued pursuant to Article 5 (9VAC5-80-800 et seq.) of 9VAC5-80 (Permit for Stationary Sources) of state regulations and is federally enforceable upon issuance. RACT for emissions of VOC has been determined to be use of a rolling fluid that is either (i) a normal paraffin lubricant containing a minimum of 88% saturated aliphatic compounds of a carbon number C12 or higher; or (ii) any other material, as approved by DEQ, that can be demonstrated to emit no more VOC than a normal paraffin; and (iii) limiting flood temperature.

Federal information: This notice is also being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). Except as noted below, the proposal will be submitted as a revision to the Commonwealth of Virginia SIP under §110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to the Commonwealth of Virginia SIP.

How to comment: DEQ accepts written comments by email, facsimile transmission and postal mail. In order to be considered, 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. All testimony, exhibits and documents received are part of the public record. Please note this proposed permit is being concurrently reviewed by the U.S. EPA.

To review proposal: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website (http://www.deq.virginia.gov/air/permitting/ planotes.html). The documents may also be obtained by contacting the DEQ representative named below. The public may review the documents between 8:30 a.m. and 4:30 p.m. of each business day until the close of the public comment period at the following locations: Department of Environmental Quality, Main Street Office, 629 East Main St, 8th Floor, Richmond, VA, telephone (804) 698-4070 and Department of Environmental Quality, Piedmont Regional Office, 4949-A, Cox Road, Glen Allen, VA, telephone (804) 527-5020.

Contact for public comments, document requests and additional information: Alison Sinclair, Environmental Engineer, Department of Environmental Quality, 4949-A, Cox Road, Glen Allen, VA, telephone (804) 527-5155, FAX (804) 527-5106, or email amsinclair@deq.virginia.gov.

STATE CORPORATION COMMISSION

Bureau of Insurance

August 18, 2008

Administrative Letter 2008-11

To: All Insurers, Health, Dental, Optometric and Legal Services Plans, Health Maintenance Organizations and Other Interested Parties

Re: Implementation of the New Bureau of Insurance Sircon for States System

The Bureau of Insurance (bureau) is implementing Sircon for States, a fully-hosted, web-based system in use in 17 states, beginning September 16, 2008. Increased efficiency in processing producer licensing transactions and the resulting impact on the bureau’s overall ability to regulate efficiently and more uniformly across states are important considerations for the bureau.

The new technology will offer insurers, agencies and producers the opportunity to conduct most producer licensing transactions electronically. Sircon’s Compliance Express will allow for real-time connection with the bureau Sircon for States system. Some of the new features available via Compliance Express are as follows:

· Producer license applications and inquiry ability regarding application status

· Producer license renewals

· Appointment and termination processing with instant online confirmation

· Producer address changes

· Appointment status and other producer inquiries

· Appointment renewal processing

· Continuing education compliance status

The Sircon for States system has assigned new license identification numbers to all producers and business entities. These license identification numbers may be accessed beginning September 16, 2008, at the bureau’s website. The address for the website is http://www.scc.virginia.gov/division/boi/webpages/boiproducer.htm.

The bureau will post a web cast for regulated entities accessing the new system and flash videos on specific topics, such as how to apply for a license, to assist insurers and producers in navigating the new electronic processing system. We hope to have these materials available on the website effective September 16, 2008, at http://www.scc.virginia.gov/division/boi/webpages/boihomepage.htm. The bureau may place other information and helpful tips, questions/answers on the website as they are developed in response to inquiries from users.

As a result of the conversion to the new system, the bureau will be unable to process any transactions or provide information for producer licensing, consumer services, or company admissions from 5 p.m. on Thursday, September 4, 2008, until Tuesday, September 16, 2008. Please keep these dates in mind as you plan for your business needs in September.

If you have any questions regarding this administrative letter, please contact: J. Preston Winn, Supervisor or Linda Newsome, Producer Licensing & CE Coordinator, Agents Licensing Section. Virginia Bureau of Insurance, Agent Regulation and Administration Division, P.O. Box 1157, Richmond, Virginia 23218, telephone (804) 371-9631.

/s/ Alfred W. Gross

Commissioner of Insurance

DEPARTMENT OF ENVIRONMENTAL QUALITY

Consent Order - Al M. Cooper Construction, Incorporated

Purpose of notice: To seek public comment on a proposed consent order from the Department of Environmental Quality for a facility in Roanoke County, Virginia.

Public comment period: September 16, 2008, through October 15, 2008.

Consent order description: The State Water Control Board proposes to issue a consent order to Al M. Cooper Construction, Incorporated to address alleged violations of Virginia’s regulations. The location of the facility, a subdivision, where the alleged violation occurred is (Tax Parcel ID: 087.20-01-09.00-0000) located north of Buck Mountain Road and known as "Berkeley Manor & Bellview Garden." The consent order describes a settlement to resolve violations involving construction activities without a permit affecting state waters of an unnamed tributary of Back Creek.

How to comment: DEQ accepts comments from the public by email, fax or postal mail. All comments must include the name, address and telephone number of the person commenting and be received by DEQ within the comment period. The public may review the proposed consent order at the DEQ office named below or on the DEQ website at www.deq.virginia.gov.

Contact for public comments, document requests and additional information: Steven B. Wright, West Central Regional Office, Department of Environmental Quality, 3019 Peters Creek Road, Roanoke, VA 24019, telephone (540) 562-6792, FAX (540) 562-6725 or email sbwright@deq.virginia.gov.

Consent Order - Ennis Paint, Inc.

An enforcement action has been proposed for Ennis Paint, Inc., for alleged violations in Richmond. The consent order settles unpermitted discharges to state waters and the failure to maintain reports. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Jennifer Hoeffner will accept comments by email jhoeffner@deq.virginia.gov, FAX (804) 527-5106, or postal mail Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from September 10, 2008, to October 15, 2008.

Contact information: Jennifer Hoeffner, Enforcement Specialist, Sr., Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 527-5123, FAX (804) 527-5106, or email jhoeffner@deq.virginia.gov.

Consent Order - HHHunt Corporation

An enforcement action has been proposed for HHHunt Corporation for alleged violations at the Rutland development in Hanover County. The proposed consent order describes the alleged violations, requires corrective action and contains a civil charge. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Allison Dunaway will accept comments by email at acdunaway@deq.virginia.gov, FAX (804) 527-5106 or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from September 10, 2008, to October 15, 2008.

Contact information: Allison Dunaway, Enforcement Manager, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 527-5086, FAX (804) 527-5106, or email acdunaway@deq.virginia.gov.

Consent Order - Mr. Richard Haywood d/b/a Shells Unlimited

An enforcement action has been proposed for Mr. Richard Haywood d/b/a Shells Unlimited for an alleged violation in Gloucester, Virginia. A consent order describes a settlement to resolve an unauthorized unreported discharge that occurred at 9809 Ditch Bank Road. The order requires payment of a civil charge. A description of the proposed order is available at the DEQ office named below or online at www.deq.virginia.gov. Frank Lupini will accept comments by email felupini@deq.virginia.gov, FAX (804) 527-5106, or postal mail Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from June 23, 2008, to July 24, 2008.

Contact information: Frank Lupini, Enforcement Specialist, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 527-5093, FAX (804) 527-5106, or email felupini@deq.virginia.gov.

Consent Order - City of Newport News

An enforcement action has been proposed for the City of Newport News for alleged violations in Newport News. A consent order describes a settlement to resolve unpermitted wetland impacts that occurred at 513 Oyster Point Road. The order requires restoration and payment of a civil charge. A description of the proposed order is available at the DEQ office named below or online at www.deq.virginia.gov. John M. Brandt will accept comments by email jmbrandt@deq.virginia.gov, FAX (757) 518-2009, or postal mail Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from September 15, 2008, to October 15, 2008.

Contact information: John M. Brandt, Regional Enforcement Manager, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, telephone (757) 518-2010, FAX (757) 518-2009, or email jmbrandt@deq.virginia.gov.

Consent Order - Mr. and Mrs. Christoforo Russo

An enforcement action has been proposed for Mr. and Mrs. Christoforo Russo for alleged violations in Hampton, Virginia. A consent order describes a settlement to resolve unpermitted wetland impacts that occurred at 2845 North Armistead Avenue. The order requires restoration and payment of a civil charge. A description of the proposed order is available at the DEQ office named below or online at www.deq.virginia.gov. Daniel J. Van Orman will accept comments by email djvanorman@deq.virginia.gov, FAX (757) 518-2009, or postal mail Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from September 15, 2008, to October 15, 2008.

Contact Information: Daniel J. Van Orman, Esquire, Enforcement Specialist, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, telephone (757) 518-2014, FAX (757) 518-2009, or email djvanorman@deq.virginia.gov.

Consent Order - Town of Big Stone Gap

An enforcement action has been proposed for the Town of Big Stone Gap for alleged violations at the Town’s Wastewater Treatment Plant (WWTP) in Big Stone Gap, Virginia. This action involves amendment of an existing consent order with schedules of compliance for both upgrade and expansion of the WWTP, and for additional sewer line repair work. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Dallas R. Sizemore will accept comments by email drsizemore@deq.virginia.gov, FAX (276) 676-4899, or postal mail Department of Environmental Quality, Southwest Regional Office, P.O. Box 1688, 355 Deadmore Street, Abingdon, VA 24212, from September 15, 2008, to October 15, 2008.

Restore Water Quality - Indian, Dymer, Tabbs, and Antipoison Creeks

Public meeting: September 29, 2008, at the Bank of Lancaster, North Branch Meeting Room, 432 N. Main Street, Kilmarnock, VA 22482. Technical advisory committee (TAC) meeting will be held from 2 p.m. to 4 p.m. and the public meeting from 7 p.m. to 9 p.m.  Both meetings are open to the public.

Purpose of notice: The Virginia Department of Environmental Quality and the Department of Conservation and Recreation are announcing a study to restore water quality for a shellfish growing area, a public comment opportunity, a technical advisory committee meeting, and public meeting.

Meeting description: First TAC and public meeting on a study to restore water quality for shellfish growing areas along Indian, Dymer, Tabbs, and Antipoison Creeks, which are impaired due to bacterial violations.

Description of study: Virginia agencies are working to identify sources of the bacterial contamination in the shellfish growing waters of the (tidal) Indian, Dymer, Tabbs, and Antipoison Creeks and their tributaries, an area totalling approximately two miles in Northumberland and Lancaster Counties.  These streams are impaired for failure to meet the designated use of shellfish consumption because of bacterial water quality standard violations.

The study reports the current status of the creeks via sampling performed by the Virginia Department of Health; Division of Shellfish Sanitiation, shellfish area condemnations and the sources of bacterial contamination. The study recommends total maximum daily loads, or 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, bacterial levels have to be reduced to the TMDL amount.

How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period, which will expire on October 29, 2008. DEQ also accepts written and oral comments at the public meeting announced in this notice.

Contact for additional information: Margaret Smigo, TMDL Coordinator, Department of Environmental Quality, Piedmont Regional Office, 4949A Cox Road, Glen Allen, VA 23060, telephone (804) 527-5124, FAX (804)-527-5106, or email mjsmigo@deq.virginia.gov.

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on August 20, 2008. The orders may be viewed at the State Lottery Department, 900 E. Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, Virginia.

Final Rules for Game Operation:

Director's Order Number Forty-Four (08)

Virginia's Instant Game Lottery 1062; "$120 Million Cash Blowout" (effective 8/12/08)

STATE BOARD OF SOCIAL SERVICES

Delegation of Authority

The State Board of Social Services (board) delegates to the Commissioner of the Department of Social Services and his designees the following responsibilities of the board that are delineated in the regulation 22VAC40-12, Public Participation Guidelines:

Maintaining lists of persons who have requested to be notified of regulatory actions being pursued by the board as required by 22VAC40-12-30 A;

Maintaining lists of persons who have requested to be informed of specific regulatory issues, proposals, or actions as required by 22VAC40-12-30 C;

Distributing information to persons on notification lists pursuant to 22VAC40-12-40;

Accepting public comment and distributing specific information on behalf of the board pursuant to 22VAC40-12-50 A;

Preparing and distributing a summary of public comment pursuant to 22VAC40-12-50 E;

Posting all meeting notices pursuant to 22VAC40-12-90 and 22VAC40-12-100; and

Conducting public hearings on regulations pursuant to 22VAC40-12-100.

This delegation of authority is effective January 1, 2009, and shall remain in effect until it is rescinded or amended by the State Board of Social Services.

Approved by the State Board of Social Services on August 20, 2008.

/s/ Trudy Brisendine, Chair

VIRGINIA SOIL AND WATER CONSERVATION BOARD

Proposed Consent Special Order - Town of Dumfries

Purpose of notice: To seek public comment on the terms of a proposed consent special order issued to the Town of Dumfries regarding the town's municipal separate storm sewer system.

Public comment period: September 15, 2008, through October 14, 2008.

Summary of proposal: The proposed consent special order describes a settlement with the Town of Dumfries regarding the town's municipal separate storm sewer system to ensure compliance with the Virginia Stormwater Management Act and Regulations.

How to comment: The Virginia Department of Conservation and Recreation accepts written comments from the public by mail, email, or facsimile. All comments must include the name, address, and telephone number of the person commenting. Comments must be received during the comment period. A copy of the proposed consent special order is available on request from the person identified directly below as the contact.

Contact for documents and additional information: Edward A. Liggett, Virginia Department of Conservation and Recreation, 900 Natural Resources Drive, Suite 800-DCR, Charlottesville, VA 22903, telephone (434) 220-9067, FAX (804) 786-1798, or email ed.liggett@dcr.virginia.gov.

Contact information: David C. Dowling, Policy, Planning, and Budget Director, Virginia Soil and Water Conservation Board, 203 Governor Street, Suite 302, Richmond, VA 23219, telephone (804) 786-2291, FAX (804) 786-6141, or email david.dowling@dcr.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Order - Dismal Swamp Properties, LLC

Purpose of notice: To seek public comment on a proposed consent order from the Department of Environmental Quality for a location in Suffolk, Virginia.

Public comment period: September 15, 2008, to October 15, 2008.

Consent order description: The State Water Control Board proposes to issue a consent order to address alleged violations of the Virginia Water Protection Permit Regulations to Dismal Swamp Properties, LLC, at property adjacent to the US Highways 13/58/460 bypass in the City of Suffolk.  The consent order describes a settlement to resolve unauthorized clearing, ditching and filling of approximately 4.4 acres of forested wetlands and requires development and implementation of a restoration plan and payment of a civil charge.

How to comment: DEQ accepts comments from the public by email, fax or postal mail. All comments must include the name, address and telephone number of the person commenting and be received by DEQ within the comment period. The public may review the proposed consent order at the DEQ office named below or on the DEQ website at www.deq.virginia.gov.

Contact for public comments, document requests and additional information: Paul R. Smith, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd, Virginia Beach, VA 23462, telephone (757) 518-2020, FAX (757) 518-2009, or email prsmith@deq.virginia.gov.

Proposed Consent Order - Gutterman Iron & Metal Corporation

Purpose of notice: To seek public comment on a proposed consent order from the Department of Environmental Quality for a location in Norfolk, Virginia.

Public comment period: September 15, 2008, to October 15, 2008.

Consent order description: The State Water Control Board proposes to issue a consent order to Gutterman Iron & Metal Corporation, to address alleged violations of Virginia State Water Control Law. The location where the alleged violations occurred is 706 May Avenue, Norfolk.  The consent order describes a settlement to resolve alleged violations of the facility Virginia Pollutant Discharge Elimination System General Permit VAR05.

How to comment: DEQ accepts comments from the public by email, fax or postal mail. All comments must include the name, address and telephone number of the person commenting and be received by DEQ within the comment period. The public may review the proposed consent order at the DEQ office named below or on the DEQ website at www.deq.virginia.gov.

Contact for public comments, document requests and additional information: Paul R. Smith, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd, Virginia Beach, VA 23462, telephone (757) 518-2020, FAX (757) 518-2009, or email prsmith@deq.virginia.gov.

Proposed Consent Order - Snow Family, LLC

Purpose of notice: To invite citizens to comment on a proposed consent order for a facility.

Public comment period: September 15, 2008, to October 15, 2008.

Consent order description: The State Water Control Board proposes to issue a consent order to Snow Family, LLC to address alleged violations of the regulations. The location of the UST facility where the alleged violations occurred is in Greene County, Virginia.  The consent order describes a settlement to resolve these violations.

How to comment: DEQ accepts comments from the public by email, fax or postal mail. All comments must include the name, address and telephone number of the person commenting and be received by DEQ within the comment period. The public may review the proposed consent order at the DEQ office named below or on the DEQ web site at www.deq.virginia.gov.

Contact for public comments, document requests and additional information: David C. Robinett, Department of Environmental Quality, Valley Regional Office, Post Office Box 3000, 4411 Early Road, Harrisonburg, VA 22801-9519, telephone (540) 574-7862, FAX (540) 574-7878, or email dcrobinett@deq.virginia.gov.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219.

Filing Material for Publication in the Virginia Register of Regulations

Agencies are required to use the Regulation Information System (RIS) when filing regulations for publication in the Virginia Register of Regulations. The Office of the Virginia Register of Regulations implemented a web-based application called RIS for filing regulations and related items for publication in the Virginia Register. The Registrar's office has worked 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.

The Office of the Virginia Register is working toward the eventual elimination of the requirement that agencies file print copies of regulatory packages. Until that time, agencies may file petitions for rulemaking, notices of intended regulatory actions and general notices in electronic form only; however, until further notice, agencies must continue to file print copies of proposed, final, fast-track and emergency regulatory packages.

ERRATA

DEPARTMENT OF GENERAL SERVICES

Titles of Regulations: 1VAC30-45. Certification for Noncommercial Environmental Laboratories (adding 1VAC30-45-10 through 1VAC30-45-860).

1VAC30-46. Accreditation for Commercial Environmental Laboratories (adding 1VAC30-46-10 through 1VAC30-46-210).

Publication: 24:25 VA.R. 3449-3523 August 18, 2008.

Corrections to Final Regulations:

Page 3449, Agency contact, correct email address to read, "nssaylor@verizon.net"

Page 3460, 1VAC30-45-90 C 6, line 1, insert an ending bracket after [ 5. 6. ] and insert a beginning bracket before [ the new...

Page 3507, 1VAC30-46-30 B 1, line 5, after "before" strike "the program under this chapter and 1VAC30-45 is established" and insert "October 1, 2011"

Page 3521, 1VAC30-46-160 E 1 a, line 3, remove brackets and unstrike "and"

VA.R. Doc. No. R98-312

CHILD DAY CARE COUNCIL

Title of Regulation: 22VAC15-51. Background Checks for Licensed Child Day Centers.

Publication: 24:26 VA.R. 3853 September 1, 2008.

Correction to General Notice:

Page 3853, column 1, top of page, change "STATE BOARD OF SOCIAL SERVICES' to "CHILD DAY CARE COUNCIL."