GENERAL NOTICES
Vol. 25 Iss. 6 - November 24, 2008

GENERAL NOTICES/ERRATA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Total Maximum Daily Load - Bull Creek

Announcement of an extension of the public comment period for the draft TMDL (total maximum daily load) in Bull Creek in Buchanan County, Virginia.

Purpose of notice: To extend the public comment period for the draft Bull Creek TMDL.

Description of study: DEQ has been working to identify sources of pollutants affecting the aquatic organisms in the waters of Bull Creek. Bull Creek is in Buchanan County and flows along Route 609 to Levisa Fork downstream of Grundy, Virginia. The "impaired" stream segments are estimated to be approximately 16.9 miles including Bull Creek, from the headwaters to the confluence with Levisa Fork, and all tributaries; Belcher Branch, Deel Fork, Burnt Poplar Branch, Big Branch, Starr Branch, Jess Fork, and Convict Hollow. The stream is impaired for failing to meet the aquatic life use based on violations of the general standard for aquatic organisms.

During the study, the pollutants impairing the aquatic community have been 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. 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, November 24, 2008, to December 29, 2008. DEQ also accepts written and oral comments at the public meeting announced in this notice.

To review draft TMDL report: The draft TMDL report on the impaired waters is available from the contact below or on the DEQ website at www.deq.virginia.gov/tmdl.

Contact for additional information: Shelley D. Williams, Regional 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.

Total Maximum Daily Load - North Fork and South Fork Pound Rivers

Announcement of an extension of the public comment period for the draft TMDL (total maximum daily load) for North Fork and South Fork Pound Rivers in Wise County, Virginia.

Purpose of notice: To extend the public comment period for the draft report for the North and South Fork Pound River in Southwest Virginia.

Description of study: DEQ has been working to identify sources of pollutants affecting the aquatic organisms in the waters of the North and South Fork Pound Rivers. The South Fork Pound River flows along Route 671 and confluences with the North Fork Pound River in the Town of Pound along Business Route 23. The "impaired" stream segments are estimated to total approximately 7.64 miles. The stream is impaired for failing to meet the aquatic life use based on violations of the general standard for aquatic organisms.

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. 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, November 24, 2008, to December 29, 2008. DEQ also accepts written and oral comments at the public meeting announced in this notice.

To review draft TMDL report: The draft TMDL report on the impaired waters is available the contact below or on the DEQ website at www.deq.virginia.gov/tmdl.

Contact for additional information: Shelley Williams, Regional 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 October 28, 2008, and November 4, 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-Five (08)

Virginia's Instant Game Lottery 1080; "Deuces Wild" (effective 10/31/08)

Director's Order Number Fifty-Six (08)

Virginia's Instant Game Lottery 1084; "Cash Blast" (effective 10/31/08)

Director's Order Number Fifty-Seven (08)

Virginia's Instant Game Lottery 1085; "Maximum Millions" (effective 10/31/08)

Director's Order Number Sixty-Six (08)

Virginia's Instant Game Lottery 1078; "Aces High" (effective 10/14/08 nunc pro tunc)

Director's Order Number Sixty-Seven (08)

Virginia's Instant Game Lottery 1079; "Stocking Stuffer" (effective 10/31/08)

Director's Order Number Sixty-Eight (08)

Virginia's Instant Game Lottery 1081; "Holiday Dough Doubler" (effective 10/31/08)

Director's Order Number Sixty-Nine (08)

Virginia's Instant Game Lottery 1091; "Super Cash" (effective 10/14/08 nunc pro tunc)

DEPARTMENT OF SOCIAL SERVICES

Periodic Review of Regulations

Pursuant to Executive Order Number 36 (2006), the Department of Social Services is currently reviewing 22VAC40-141, Licensing Standards for Independent Foster Homes, to determine if it should be terminated, amended, or retained in its current form. The review will be guided by the principles listed in Executive Order Number 36 (2006) and in the department's Plan for Review of Existing Agency Regulations.

The department seeks public comment regarding the regulation's interference in private enterprise and life, essential need of the regulation, less burdensome and intrusive alternatives to the regulation, specific and measureable goals that the regulation is intended to achieve, and whether the regulation is clearly written and easily understandable.

Written comments may be submitted until December 15, 2008, in care of Joni Baldwin, Program Development Consultant, Division of Licensing Programs, Department of Social Services, 7 North 8th Street, Richmond, VA 23219, by email joni.baldwin@dss.virginia.gov or by FAX (804) 726-7132.

VIRGINIA SOIL AND WATER CONSERVATION BOARD

Proposed Consent Special Order - City of Petersburg

Purpose of notice: To seek public comment on the terms of a proposed consent special order (order) issued to the City of Petersburg (city) regarding the city's municipal separate storm sewer system (MS4).

Public comment period: November 24, 2008, through December 23, 2008.

Summary of proposal: The proposed order describes a settlement between the board and the city regarding the Petersburg MS4 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 before the end of the comment period. A copy of the proposed order is available upon request.

How to request a copy of the proposed order: Contact 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.

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 MEDICAL ASSISTANCE SERVICES

Titles of Regulations: 12VAC30-50. Amount, Duration, and Scope of Medical and Remedial Care Services (amending 12VAC30-50-140, 12VAC30-50-150, 12VAC30-50-180; adding 12VAC30-50-228, 12VAC30-50-491).

12VAC30-60. Standards Established and Methods Used to Assure High Quality Care (adding 12VAC30-60-180, 12VAC30-60-185).

12VAC30-80. Methods and Standards for Establishing Payment Rates; other Types of Care (adding 12VAC30-80-32).

12VAC30-120. Waivered Services (amending 12VAC30-120-310, 12VAC30-120-380).

Publication: 25:3 VA.R. 393 October 13, 2008.

Correction to Titles of Regulation:

Titles of Regulations should read as follows:

12VAC30-50. Amount, Duration, and Scope of Medical and Remedial Care Services (amending 12VAC30-50-141, 12VAC30-50-151, 12VAC30-50-181; adding 12VAC30-50-228, 12VAC30-50-461).

12VAC30-60. Standards Established and Methods Used to Assure High Quality Care (adding 12VAC30-60-250, 12VAC30-60-255).

12VAC30-80. Methods and Standards for Establishing Payment Rates; other Types of Care (adding 12VAC30-80-32).

12VAC30-120. Waivered Services (amending 12VAC30-120-310, 12VAC30-120-380).

VA.R. Doc. No. R07-262

COMMON INTEREST COMMUNITY BOARD

Emergency Regulation

Title of Regulation: 18VAC48-20. Condominium Regulations.

Publication: 25:5 VA.R. 1073-1094 November 10, 2008.

Correction to Emergency Regulation:

Change sections added to:

(adding 18VAC48-20-10 through 18VAC48-20-730).

DEPARTMENT OF TAXATION

Titles of Regulations: 23VAC10-10. Guidelines for Public Participation in Regulation Development and Promulgation (repealing 23VAC10-10-10 through 23VAC10-10-80).

23VAC10-11. Public Participation Guidelines (adding 23VAC10-11-10 through 23VAC10-11-110).

Publication: 25:4 VA.R. 730-735 October 27, 2008.

Correction to Fast-Track Regulation:

Page 730, the deadline for public comment and the effective date of the regulation were incorrectly published.  The dates should appear as follows:

Public Comments: Public comments may be submitted until December 26, 2008.

Effective Date: January 10, 2009.

VA.R. Doc. No. R09-1507




** Suspension of Regulatory Process 25:3

* Errata 24:6