DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Consent Order - Chesapeake Marine Railway, LLC

An enforcement action has been proposed for Chesapeake Marine Railway, LLC for alleged violations in Deltaville, Virginia. The State Water Control Board proposes to issue a consent special order to Chesapeake Marine Railways, LLC, to address noncompliance with their VPDES permit. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Cynthia Akers will accept comments by email at ecakers@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 October 13, 2008, to November 12, 2008.

Study to Restore Water Quality to Powell River

Announcement of an effort to restore water quality in the Powell River including the North Fork Powell River, the South Fork Powell River, Butcher Fork, Wallen Creek, Bailey’s Trace, Ely Creek, Gin Creek, Lick Branch, Puckett Creek, and Stone Creek in Lee and Wise County, Virginia.

Public meeting location: Pennington Gap Town Hall, October 21, 2008, from 6 p.m. to 8 p.m.

Purpose of notice: The Virginia Department of Environmental Quality, Department of Mines, Minerals and Energy and the Department of Conservation and Recreation are announcing a study to restore water quality, a public comment opportunity, and public meeting.

Meeting description: First public meeting on a study to restore water quality.

Description of study: DEQ is working to identify sources of pollutants affecting the aquatic organisms and sources of bacteria contamination in the waters of the Powell River including the North Fork Powell River, the South Fork Powell River, Butcher Fork, Wallen Creek, Bailey’s Trace, Ely Creek, Gin Creek, Lick Branch, Puckett Creek, and Stone Creek in Lee and Wise County, Virginia. The stream is impaired for failing to meet the aquatic life use based on violations of the general standard for aquatic organisms and failure to meet the recreational use because of fecal coliform bacteria violations, as well as violating of the E. coli standard.

During the study, the pollutants impairing the aquatic community will be identified and total maximum daily loads, or TMDLs, developed for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. DEQ will also determine the sources of bacteria contamination and develop a TMDL for bacteria.  To restore water quality, contamination levels must be reduced to the TMDL amount.

How a decision is made: The development of a TMDL includes public meetings and a public comment period once the study report is drafted. After public comments have been considered and addressed, DEQ will submit the TMDL report to the U.S. Environmental Protection Agency for approval.

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, October 21, 2008, to November 21, 2008. DEQ also accepts written and oral comments at the public meeting announced in this notice.

To review fact sheets: Fact sheets are available on the impaired waters from the contacts below or on the DEQ website at www.deq.virginia.gov/tmdl.

Contact for additional information: Shelley D. Williams, SWRO/TMDL Coordinator, Virginia Department of Environmental Quality, Southwest Regional Office, 355 Deadmore Street, P.O. Box 1688, Abingdon, VA 24212-1688, telephone (276) 676-4845, FAX (276) 676-4899, or email sdwilliams@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 September 16, 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 Fifty (08)

Virginia's Instant Game Lottery 1070; "Match 3" (effective 9/15/08)

Director's Order Number Fifty-One (08)

"Match 3 20th Birthday Sweepstakes" (effective 9/15/08)

BOARD OF PROFESSIONAL AND OCCUPATIONAL REGULATION

Notice of Public Comment Period and Study

The Board of Professional and Occupational Regulation is conducting a study to determine whether the sign language and transliterator industry needs to be regulated.  The board invites public comment on this issue.  This review is being conducted pursuant to §§ 54.1-310 A 6 and 54.1-311 of the Code of Virginia.  The board welcomes written comments on whether the sign language and transliterator industry needs to be regulated.

Written comments will be received until 5 p.m. on Friday, December 12, 2008, and may be sent to the address below or sent to bpor@dpor.virginia.gov.  Comments or questions should be sent to: Mark N. Courtney, Deputy Director, Licensing and Regulation, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, email bpor@dpor.virginia.gov, telephone (804) 367-8537.

Public hearings will be held on the following dates and times at the following locations:

10 a.m., Friday, October 17, 2008, City of Hampton Council Chambers, 22 Lincoln Street, 8th Floor, Hampton, VA 23669

10 a.m., Monday, October 20, 2008, Department of Professional and Occupational Regulation, 9960 Mayland Drive, 2nd Floor, Board Room #2, Richmond, VA 23233

10 a.m., Friday, October 24, 2008, Roanoke City Council Chambers, Noel C. Taylor Municipal Bldg, 215 Church Ave, SW, 4th Floor, Roanoke, VA 24011

10 a.m., Friday, November 7, 2008, #1 Courthouse Plaza, 2100 Clarendon Blvd., Arlington County Board Room 307, Arlington, VA 22201

10 a.m., Monday, November 10, 2008, Woodrow Wilson Rehabilitation Center, Watsons Activities Building, 394 Hornet Road, Fishersville, VA 22939

STATE WATER CONTROL BOARD

Proposed Consent Special Order - JIM, Inc.

An enforcement action has been proposed for JIM, Inc., for alleged violations in Amelia, Virginia. The State Water Control Board proposes to issue a consent special order to JIM, Inc., to address noncompliance with underground storage tank regulations.  A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Cynthia Akers will accept comments by email at ecakers@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 October 13, 2008, to November 12, 2008.

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

VIRGINIA SOIL AND WATER CONSERVATION BOARD

Title of Regulation: 4VAC50-20. Impounding Structure Regulations.

Publication:  24:25 VA.R. 3538-3567 August 18, 2008

Correction to Final Regulation:

Page 3543, 4VAC50-20-50, in the paragraph following "TABLE 1 Impounding Structure Regulations":

in line 1, insert "are" before "25 feet"

in line 3, after "exempt" change "form" to "from"

VA.R. Doc. No. R06-130

STATE WATER CONTROL BOARD

Title of Regulation: 9VAC25-740. Water Reclamation and Reuse Regulation (adding 9VAC25-740-10 through 9VAC25-740-210).

Publication: 24:26 VA.R. 3747-3773 September 1, 2008.

Correction to final regulation:

Page 3773, Forms, change date of form to 9/3/2008.

VA.R. Doc. No. R06-33

SAFETY AND HEALTH CODES BOARD

Titles of Regulations: 16VAC25-90. Federal Identical General Industry Standards (repealing 16VAC25-90-1910.151).

16VAC25-95. Medical Services and First Aid Standards for General Industry (adding 16VAC25-95-10).

16VAC25-175. Federal Identical Construction Industry Standards (repealing 16VAC25-175-1926.50).

16VAC25-177. Medical Services and First Aid Standards for the Construction Industry (adding 16VAC25-177-10).

Publication: 25:2 VA.R. 277-291 September 29, 2008.

Correction to Proposed Regulation:

Page 289, 16VAC25-90-1910.151, reinsert text beginning with Appendix A to §1910.151—First aid kits (Non-Mandatory) through the end of the section, which was inadvertently stricken.

Page 290, 16VAC25-175-1926.50, reinsert text beginning with Appendix A to §1926.50—First aid Kits (Non-Mandatory) through the end of the section, which was inadvertently stricken.

VA.R. Doc. No. R07-05

DEPARTMENT OF STATE POLICE

Title of Regulation: 19VAC30-70. Motor Vehicle Safety Inspection Rules and Regulations.

Publication:  24:8 VA.R. 987-1071 December 24, 2007

Correction to Final Regulation:

Page 1045, 19VAC30-70-470, following subdivision 15 b, second column, first line of chart should read:

Wheel size:      16 17 inches or less - 1/4 inch (6.5mm)

VA.R. Doc. No. R08-953

BOARD OF TOWING AND RECOVERY OPERATORS

Title of Regulation: 24VAC27-30. General Regulations for Towing and Recovery Operators.

Publication:  25:1 VA.R. 78-89 September 15, 2008

Correction to Final Regulation:

Page 82, 24VAC27-30-70, line 3 of subdivision 2 should read:

as defined in § 46.2-100 of the Code of Virginia.

Page 82, 24VAC27-30-70, line 1 of subdivision 3 should read:

"Household goods carriers" as defined in [ §46.2-100 §46.2-2100 ] of the Code of Virginia ..."

VA.R. Doc. No. R07-270