DEPARTMENT OF ENVIRONMENTAL QUALITY

Total Maximum Daily Load for Mattox Creek

Notice is hereby given that the Virginia Department of Environmental Quality (DEQ) seeks comment on the proposed modifications to the bacteria Total Maximum Daily Load (TMDL) developed for Mattox Creek in King George and Westmoreland Counties.

The Mattox Creek TMDL was developed to address bacterial impairments in portions of the free-flowing and tidal segments of Mattox Creek. The TMDL was approved by the Environmental Protection Agency (EPA) on August 2, 2006, and can be found at the following website: http://www.deq.virginia.gov/tmdl/apptmdls/potrvr/mattox.pdf.

The Virginia Department of Environmental Quality seeks written comments from interested persons on the modification of this TMDL. In the Mattox Creek Bacteria TMDL approved by the U.S. EPA and the Virginia State Water Control Board in 2006, these changes are necessary for the following permitted dischargers:

· The Washington District Elementary School (VA0082058) is a Virginia Pollution Discharge Elimination System (VPDES) minor municipal plant in Montross, Virginia. The facility, which discharges to the free-flowing segment, was assigned a waste load allocation (WLA) of 2.2E+06 cfu/year, based on the available Discharge Monitoring Report (DMR) records at the time of issuance. The TMDL included a WLA 5x expansion factor for permitted facilities.  DEQ proposes to revise the TMDL by increasing the bacteria WLA to 1.06E+10 cfu/year to accommodate this facility at a maximum design flow of 0.006 MGD at an E. coli concentration of 126 N/100mL. This change will also increase the WLA 5x expansion factor from 1.1E+07 to 5.3E+10 (for the free-flowing recreation impairment).

· The Washington District Elementary School (VA0082058) was not originally assigned WLAs for the downstream tidal impairments in the TMDL report. The TMDL included a WLA 5x expansion factor for permitted facilities. DEQ proposes to revise the TMDL by assigning a bacteria WLA of 2.93E+09 cfu/year to accommodate this facility at a maximum design flow of 0.006 MGD and assign a WLA 5x expansion factor of 1.47E+10 cfu/year at an Enterococci concentration of 35 N/100mL (for the tidal recreation impairment). DEQ also proposes to revise the TMDL by assigning a bacteria WLA of 1.17E+09 cfu/year to accommodate this facility at maximum design flow of 0.006 MGD and assign a WLA 5x expansion factor of 5.85E+09 at a fecal coliform concentration of 14 N/100mL (for the shellfish impairment).

· The Outdoor World Harborview facility (VA0089087) is a Virginia Pollution Discharge Elimination System (VPDES) minor municipal plant in Oak Grove, Virginia. The facility, which discharges to the tidal segment, was assigned a WLA of 1.7E+05 cfu/year, based on the long-term average flow of the facility. The TMDL included a WLA 5x expansion factor for permitted facilities. DEQ proposes to revise the TMDL by increasing the bacteria WLA to 9.78E+09 cfu/year to accommodate this facility at a maximum design flow of 0.02 MGD. This change would also increase the WLA 5x expansion factor from 8.5E+05 to 4.89E+10 cfu/year at an Enterococci concentration of 35 N/100mL (for the tidal recreation impairment).

· The Outdoor World Harborview facility (VA0089087) was also assigned a WLA of 3.0E+05 cfu/year based on the long-term average flow of the facility. The TMDL included a WLA 5x expansion factor for permitted facilities. DEQ proposes to revise the TMDL by increasing the bacteria WLA to 3.91E+09 cfu/year to accommodate this facility at a maximum design flow of 0.02 MGD. This change would also increase the WLA 5x expansion factor from 1.5E+06 to 1.96E+10 cfu/year at a fecal coliform concentration of 14 N/100mL (for the shellfish impairment).

The proposed changes above will neither cause nor contribute to the nonattainment of Mattox Creek, as documented in the EPA approved TMDL report.

The public comment period for this modification will end on March 30, 2010. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Margaret Smigo, Piedmont Regional Office, Department of Environmental Quality, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 527-5124, or email margaret.smigo@deq.virginia.gov.

Notice to Discuss a Study to Restore Water Quality in the Smith River Watershed

Public meeting: Monday, March 29, 2010, from 6:30 p.m. to 8:30 p.m., Henry County Administrative Building, Board Room. Directions: From Route 220, take the Collinsville exit. At first stop light, take a left onto King's Mountain Road. Administrative Building is approximately two miles on left at 3300 Kings Mountain Road, Martinsville, Virginia.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) announces the final public meeting to discuss a study to restore water quality in the Smith River watershed.

Description of study: Virginia agencies are working to identify sources of biological impairment (general standard) in the Smith River watershed. The general standard indicates the water quality does not support a natural aquatic invertebrate community.

The following is the "impaired" stream, the length of the impaired segment, location, and the reason for the impairment: Smith River, 13.77 miles, Henry County, Martinsville City, general standard (benthic).

The state agencies developed a total maximum daily load (TMDL) 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 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 April 28, 2010. DEQ also accepts written and oral comments at the public meeting announced in this notice.

Contact for additional information: Mary Dail, Virginia Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, telephone (540) 562-6715, FAX (540) 562-6860, or email mary.dail@deq.virginia.gov.

Total Maximum Daily Load for Four Mile Run

Announcement of a Total Maximum Daily Load (TMDL) study to restore water quality in the bacteria impaired portion of tidal Four Mile Run.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Virginia Department of Conservation and Recreation announce the second public meeting for the Tidal Four Mile Run Bacteria TMDL study.

Public meeting: Monday, March 8, 2010, from 7 p.m. to 8 p.m., Shirlington Branch Library, 4200 Campbell Avenue, Campbell Meeting Room, Arlington, Virginia.

Meeting description: This is the final meeting for this project. The purpose of this meeting is to discuss the study with community members and present the project results.

Description of study: The tidal portion of Four Mile Run has been identified as impaired on the Clean Water Act § 303(d) list for not supporting the primary contact recreation use due to elevated levels of E. coli bacteria. Virginia agencies are working to identify the sources of bacteria contamination in this stream segment. The impaired segment of tidal Four Mile Run is located in Arlington County and the City of Alexandria. The Four Mile Run watershed covers parts of the City of Alexandria, City of Falls Church, Arlington County, and Fairfax County. Below is a description of the impaired portion of Four Mile Run that will be addressed in this study:

This study will focus on the tidal portion of Four Mile Run. A bacteria TMDL for the nontidal portion of Four Mile Run was completed in 2002. During this study, DEQ will develop a TMDL for the impaired stream segment. A TMDL is the total amount of a pollutant a water body can receive and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL allocated amount.

How to comment: The public comment period on the materials presented at the public meeting will extend from March 8, 2010, to April 6, 2010. 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. Please send all comments to the contact listed below.

Contact for additional information: Katie Conaway, Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3804, or email katie.conaway@deq.virginia.gov.

DEPARTMENT OF FORESTRY

Public Hearing Date Change on State Forests Regulations (Concealed Handguns)

The Department of Forestry gives notice of a change in the date of the public hearing scheduled to receive comments on the proposed regulatory change to allow concealed handguns to be carried within state forests with a valid concealed weapons permit. The date is changed to March 4, 2010, beginning at 1 p.m. and ending at 4 p.m. The public hearing will be conducted at Buckingham Agriculture Center Auditorium, 13360 West James Anderson Hwy, Buckingham, VA 23921.

You may contact Ron Jenkins for additional information at (434) 220-9022 or by email at ron.jenkins@dof.virginia.gov.

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Order of the State Lottery Department was filed with the Virginia Registrar of Regulations on January 29, 2010.

Director's Order Number Ten (10)

Certain Virginia Instant Game Lotteries; End of Games.

In accordance with the authority granted by §§ 2.2-4002 B 15 and 58.1-4006 A of the Code of Virginia, I hereby give notice that the following Virginia Lottery instant games will officially end at midnight on February 12, 2010.

The last day for lottery retailers to return for credit unsold tickets from any of these games will be March 19, 2010. The last day to redeem winning tickets for any of these games will be August 11, 2010, 180 days from the declared official end of the game. Claims for winning tickets from any of these games will not be accepted after that date.  Claims that are mailed and received in an envelope bearing a postmark of the United States Postal Service or another sovereign nation of August 11, 2010, or earlier, will be deemed to have been received on time. This notice amplifies and conforms to the duly adopted State Lottery Board regulations for the conduct of lottery games.

This order is available for inspection and copying during normal business hours at the Virginia Lottery headquarters, 900 East Main Street, Richmond, Virginia; and at any Virginia Lottery regional office. A copy may be requested by mail by writing to Director's Office, Virginia Lottery, 900 East Main Street, Richmond, Virginia 23219.

This Director's Order becomes effective on the date of its signing and shall remain in full force and effect unless amended or rescinded by further Director's Order.

/s/ Paula I. Otto

Executive Director

January 29, 2010

* * * * * * * *

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on February 2, 2010 and February 3, 2010. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, VA.

Final Rules for Game Operation:

Director's Order Number Fourteen (10)

Virginia's Ninth Online Game Lottery; "Mega Millions"

Director's Order Number Fifteen (10)

Virginia's Twenty-Third Online Game Lottery; "Powerball" Interim Rules for Game Operation (effective nunc pro tunc to January 31, 2010)

Director's Order Number Twenty-One (10)

"Mall Mania" Virginia Lottery Retailer Incentive Program Rules (effective 2/2/10)

VIRGINIA CODE COMMISSION

Notice to State Agencies

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

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed

Beginning with Volume 26, Issue 1 of the Virginia Register of Regulations dated September 14, 2009, the Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed will no longer be published in the Virginia Register of Regulations. The cumulative table may be accessed on the Virginia Register Online webpage at http://register.dls.virginia.gov/cumultab.htm.

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

Title of Regulation: 12VAC30-141. Family Access to Medical Insurance Security Plan (amending 12VAC30-141-160).

Publication: 26:12 VA.R. 2003-2004 February 15, 2010

Correction to Final Regulation:

Page 2003, column 2, Effective Date, change "March 17, 2010" to "July 1, 2010"