DEPARTMENT OF ENVIRONMENTAL QUALITY

Virginia Department of Environmental Quality

Notice of Availability of 2007 Fish Tissue Monitoring Data

Notice of Availability of 2007 Fish Tissue Monitoring Data

Pursuant to § 62.1-44.19:6 A 3 the Virginia Department of Environmental Quality (DEQ) is giving notice that new data concerning the presence of toxic contaminants in fish tissue are available for calendar year 2007.  Fish monitoring in 2007 was performed at selected sites in the following river basins in Virginia: the Dan River and Roanoke River watersheds, the Chowan River, and Albemarle Sound watersheds (Meherrin River, Blackwater River, Nottoway River and Great Dismal Swamp drainages), the Tennessee River and Big Sandy River watersheds (Holston River, Clinch River, Powell River, Pound River, Russell Fork and Levisa Fork drainages) as well as smaller water bodies in other watersheds.  The new data have been posted on the DEQ website at http://www.deq.virginia.gov/fishtissue/fishtissue.html. All other data for fish and sediments analyzed by DEQ between 1993 and 2007 can also be found on this website.

Contact Information: Gabriel Darkwah, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4127, toll free (800) 592-5482, or email gadarkwah@deq.virginia.gov.

Notice to Restore Water Quality for Shellfish Growing Areas Along Owens Pond, Little Taskmakers Creek, and an Unnamed Tributary to the Chesapeake Bay Near Fleeton Point

Public meeting: January 21, 2009, at the Northumberland Public Library, 7204 Northumberland Highway, Heathsville, VA 22473. An afternoon public meeting will be held from 1 p.m. to 3 p.m. and the evening public meeting from 6 p.m. to 8 p.m.  The library asks that you please park at the side or in back of the building.

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, and two public meetings.

Meeting description: First public meetings on a study to restore water quality for shellfish growing areas along Owens Pond, Little Taskmakers Creek, and an unnamed tributary (UT) to the Chesapeake Bay near Fleeton Point that 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) Owens Pond and Little Taskmakers Creek including their tributaries, and an unnamed tributary to the Chesapeake Bay near Fleeton Point.  These condemnations include an area of approximately 0.246 square miles in Northumberland County.  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 Sanitation, shellfish area condemnations and the possible sources of bacterial contamination.  The study recommends total maximum daily loads (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 February 23, 2009.  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.

Change to Bacteria Total Daily Maximum Load for the Appomattox River Basin

The Department of Environmental Quality (DEQ) seeks public comment on proposed modifications to the bacteria total maximum daily load (TMDL) developed for the Appomattox River Basin.  The TMDL for E. coli addressed bacterial impairment in the Appomattox River Basin, was approved by the Environmental Protection Agency (EPA) on August 30, 2004, and can be found at http://gisweb.deq.virginia.gov/tmdlapp/tmdl_report_result.cfm.

In the Appomattox River Basin Bacterial TMDL, the Appomattox Water Reclamation Facility, VA0020257 was omitted from the original TMDL study.  The TMDL needs to reflect a wasteload allocation based on the design flow (0.3 mgd) of the facility at the time of issuance.  To accommodate this increase, DEQ proposes to modify the wasteload allocation and TMDL at 126 cfu/100 ml of E. coli. This modification will affect three segments of the Appomattox River, Appomattox River (1), Appomattox River (2), and Appomattox River (3).  This increase will not cause a water quality violation because Virginia’s Water Quality Standards require that treated effluent discharged to a receiving stream meet the instream bacteria criteria above.  The EPA considers a less than 1.0% change to the TMDL to be insignificant.  The proposed increase in the wasteload allocation for this facility will be 0.075%, 0.086%, and 0.065% respectively of the TMDL.  To review the new wasteload allocation and TMDL equation, please contact Paula Nash using the contact information below.

The public comment period for this modification will end on February 5, 2009.  Questions or information requests should be addressed to Paula Nash.  Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Paula Nash, Blue Ridge Regional Office, Department of Environmental Quality, 7705 Timberlake Road, Lynchburg, VA 24502, telephone (434) 582-6216, or email pbnash@deq.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY
DEPARTMENT OF CONSERVATION AND RECREATION

Notice of Public Meeting and Public Comment on the Development of a Total Maximum Daily Load Implementation Plan for Smith Creek in Rockingham County, Shenandoah County and City of Harrisonburg

The Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation (DCR) seek written and oral comments from interested persons on the development of a Total Maximum Daily Load (TMDL) Implementation Plan for Smith Creek in Rockingham County, Shenandoah County and City of Harrisonburg.  These streams were originally listed on the 1998 § 303(d) TMDL priority list and report as impaired due to violations of the state’s general aquatic life standard and the state’s water quality standard for bacteria.  A TMDL for bacteria were developed to address the bacterial impairment, and a TMDL for sediment were developed to address the general aquatic life impairment.  These TMDLs were approved by EPA on June 29, 2004, and are available on DEQ’s website at http://gisweb.deq.virginia.gov/tmdlapp/tmdl_report_search.cfm.

Section 62.1-44.19:7 C of the Code of Virginia requires the development of an implementation plan (IP) for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives.  The IP should also include the corrective actions needed and their associated costs, benefits, and environmental impacts.

DEQ and DCR will hold a final public meeting on Thursday, January 22, 2009, at 6 p.m. to inform the public of the IP development and to solicit comments on the draft document.  The draft implementation plan will be available for review on the web no later than January 15, 2009, at http://www.deq.virginia.gov/tmdl/iprpts.html.  The meeting will be held at the Tenth Legion Ruritan Hall  in Tenth Legion, Virginia.  A dinner will be served before the meeting.  For directions and to RSVP for the meeting, please contact Tara Sieber at the details below.

The public comment period for this final public meeting will end on Friday, February 13, 2009. Questions or information requests should be addressed to Tara Sieber, DEQ, (540) 574-7870. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Tara Sieber, Department of Environmental Quality, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7870, FAX (540) 574-7878, or email tlsieber@deq.virginia.gov.

SAFETY AND HEALTH CODES BOARD

Notice of Periodic Review

Pursuant to Executive Order 36 (2006), the Virginia Department of Labor and Industry (DOLI) and the Safety and Health Codes Board (board) will review the following regulations.  The purpose of the review is to determine whether these regulations should be amended, or retained in their current form.  The review of the regulations will be guided by the principles listed in Executive Order 36 (2006).

DOLI and the board seek public comment on the review of issues related to these regulations, especially the following:

1. Does the regulation meet the following goals?

- Reduce the incidence of material impairment of the health of Virginia workers due to workplace exposure to known hazards.

- Require sanitary facilities for agricultural workers equal to those required for construction workers.

- Protect the public's health, safety and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth.

2. Is the regulation clearly written and easy to understand?

16VAC25-30, Regulations for Asbestos Emissions Standards for Demolition and Renovation Construction Activities and the Disposal of Asbestos-Containing Construction Wastes--Incorporation By Reference, 40 CFR 61.140 through 40 CFR 61.156

The purpose of this regulation is to incorporate by reference the federal Environmental Protection Agency (EPA) National Emissions Standards for Hazardous Air Pollutants (NESHAP) regulations, which regulate human exposure to asbestos as a result of air emissions from demolition and renovation, and disposal of asbestos containing waste.  (See the Code of Virginia, § 40.1-51.25.)

16VAC25-35, Regulation Concerning Certified Lead Contractors Notification, Lead Project Permits and Permit Fees

The purpose of this regulation is to establish the notification requirements for certain lead projects and to provide for payment of permit fees based on the size of the lead project. The regulation also requires filing of amended notifications prior to changes in, or cancellation of, projects. It does not mandate the abatement of lead from any public or private property.  (See the Code of Virginia, §§ 40.1-22 and 40.1-51.20.)

16VAC25-40, Standard for Boiler and Pressure Vessel Operator Certification

Pursuant to § 15.2-910 of the Code of Virginia, the purpose of this regulation is to authorize a local government, at its option, to require boiler or pressure vessel operators to obtain an initial certification from the locality before engaging in the operation and maintenance of boilers and pressure vessels in the jurisdiction.  This regulation provides a uniform statewide standard to determine ability, proficiency and qualification of local certification applicants.  This standard is for the use of governing bodies of counties, cities and towns that have adopted ordinances requiring local certification.  This regulation does not provide for state certification of boiler and pressure vessel operators.  (See the Code of Virginia, §§ 40.1-22 and 15.2-910.)

16VAC25-70, Virginia Confined Space Standard for the Telecommunications Industry

The purpose of this regulation is to prescribe basic mandatory practices and procedures which telecommunications employers must establish and use for employee entry into, and work within, confined spaces. (See the Code of Virginia, § 40.1-22.)

16VAC25-80, Access to Employee Exposure and Medical Records

The purpose of this regulation is to give employees and their designated representatives a right of access to relevant exposure and medical records and to grant access to such records to representatives of the Department of Labor and Industry. This access is provided to facilitate the recognition of workplace hazards and the subsequent reduction of occupational disease.  (See the Code of Virginia, § 40.1-22.)

16VAC25-140, Virginia Confined Space Standard for the Construction Industry

This regulation applies to all employers with employees covered by the Virginia regulations for the construction industry. This regulation prescribes the basic mandatory practices and procedures which employers must establish and use for employee entry and work within confined spaces.  (See the Code of Virginia, § 40.1-22.)

16VAC25-150, Underground Construction, Construction Industry

The purpose of this regulation is to require employers to comply with any more stringent requirements contained in the Virginia Confined Space Standard for the Construction Industry, 16VAC25-140, when working in underground construction areas which also meet the definition of "confined space" in 16VAC25-140.  (See the Code of Virginia, § 40.1-22.)

16VAC25-160, Construction Industry Standard for Sanitation

The purpose of this regulation is to require employers engaged in construction activities to furnish, without cost to the employees, potable water, toilet facilities and hand washing facilities. Potable drinking water containers as well as toilet and hand washing facilities are required to be maintained in a clean and sanitary condition. The potable drinking water which must be furnished under the regulation must be suitably cool and in sufficient amounts so that it is not completely consumed during the workday. Drinking water must be dispensed in single-use cups.  (See the Code of Virginia, § 40.1-22.)

16VAC25-170, Virginia Excavation Standard, Construction Industry

This regulation mandates that employers comply with any more stringent requirements contained in the Virginia Confined Space Standard for the Construction Industry, 16VAC25-140, when working in excavation areas which also meet the definition of "confined space" in 16VAC25-140.  (See the Code of Virginia, § 40.1-22.)

16VAC25-180, Virginia Field Sanitation Standard, Agriculture

The purpose of this regulation is to protect workers against heat-related illnesses, communicable and infectious diseases, urinary tract infections and pesticide illnesses. The regulation ensures that sanitary conditions affecting agricultural workers will be maintained so as to minimize adverse effects on their health and safety. The regulation applies to all agricultural establishments regardless of the number of employees. Employers are required to permit reasonable use of the facilities and provide training on personal hygiene practices to prevent illness and spread of disease. The provision of potable water is required for all agricultural establishments regardless of the number of employees. (See the Code of Virginia, § 40.1-22.)

Public comment period: January 5, 2009, through January 26, 2009.

Comments on these regulations are welcome. Comments may be mailed to Reba O’Connor, Virginia Department of Labor and Industry, Powers-Taylor Building, 13 South 13th Street, Richmond, VA 23219 or email reba.oconnor@doli.virginia.gov. Please include your full name and mailing address.

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

ALCOHOLIC BEVERAGE CONTROL BOARD

Titles of Regulations: 3VAC5-10. Procedural Rules for the Conduct of Hearings Before the Board and Its Hearing Officers and the Adoption or Amendment of Regulations (repealing 3VAC5-10-480).

3VAC5-11. Public Participation Guidelines (adding 3VAC5-11-10 through 3VAC5-11-110).

Publication:  25:6 VA.R. 1173-1178 November 24, 2008.

Correction to Final Regulation:

Page 1173, column 2, after the summary, insert and amend the chapter title as follows:

CHAPTER 10
PROCEDURAL RULES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND ITS HEARING OFFICERS AND THE ADOPTION OR AMENDMENT OF REGULATIONS

VA.R. Doc. No. R09-1425; Filed December 15, 2008, 3:43 p.m.

BOARD FOR BARBERS AND COSMETOLOGY

Titles of Regulations: 18VAC41-10. Public Participation Guidelines (repealing 18VAC41-10-10 through 18VAC41-10-90).

18VAC41-11. Public Participation Guidelines (adding 18VAC41-11-10 through 18VAC41-11-110).

Publication: 25:6 VA.R. 1321-1325 November 24, 2008.

Correction to Final Regulation:

Page 1322, in 18VAC41-11-10, line 3, change "Board for Barbers" to "Board for Barbers and Cosmetology"

Page 1322, in 18VAC41-11-20, definition of "Agency," line 1, change "Board for Barbers" to "Board for Barbers and Cosmetology"

VA.R. Doc. No. R09-1468; Filed December 16, 2008, 4:17 p.m.

STATE WATER CONTROL BOARD

Title of Regulation: 9VAC25-210. Virginia Water Protection Permit Program Regulation (amending 9VAC25-210-10, 9VAC25-210-50, 9VAC25-210-60, 9VAC25-210-130, 9VAC25-210-220).

Publication:  25:5 VA.R. 894-904 November 10, 2008.

Correction to Final Regulation:

Page 903, in 9VAC25-210-130 H, line 2, unstrike "permit"

Page 903, in 9VAC25-210-130 J, line 6, unstrike "permit"

VA.R. Doc. No. R09-1411; Filed December 11, 2008, 3:04 p.m.