GENERAL NOTICES/ERRATA
STATE CORPORATION COMMISSION
Bureau of Insurance
July 1, 2010
Administrative Letter 2010-07
To: All Licensed Insurers and Rate Service Organizations Subject to the Provisions of Chapter 19 of Title 38.2 of the Code of Virginia
Re: Requests for Trade Secret Protection of Rates and/or Supplementary Rate Information Pursuant to House Bill No. 531
· Effective July 1, 2010, § 38.2-1907 (Filings Open to Inspection) is amended to allow insurers and rate service organizations (RSO) to request confidentiality of rates and supplementary rate information provided that such information constitutes a trade secret pursuant to § 59.1-336. The Bureau of Insurance (Bureau) has established the following procedural requirements for filers to follow when submitting requests for confidentiality of trade secret information:
· Filings are open to the public pursuant to § 38.2-1907. A filing will be held confidential by the Bureau ONLY if the insurer or RSO has requested trade secret protection and submitted the appropriate documentation.
· The request for trade secret protection must be submitted with the filing. If the Bureau disagrees with the assertion that such documents should be protected as a trade secret, the insurer or RSO will be given the opportunity to further justify its position.
· The request for trade secret protection must contain the following information (see sample form attached):
o Information identifying the insurer or RSO making the request (e.g., name of the individual submitting the request, insurer's or RSO's name and NAIC number, mailing address, e-mail address, phone number, and fax number).
o A detailed explanation identifying the content of the filing for which confidentiality is requested with sufficient details to demonstrate why the content constitutes a trade secret as defined in § 59.1-336. Please note that "trade secret" is defined in § 59.1-336 as "…information, including but not limited to, a formula, pattern, compilation, program, device, method, technique, or process that: (1) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy."
o A detailed explanation as to how the release of the information would cause economic injury to the insurer or rate service organization.
o The names of the states in which trade secret protection has been requested for the filing and the outcome of each request.
· In order to protect the confidentiality of the trade secret documents, filings with requests for trade secret protection should contain ONLY the materials to be protected, and the filing should be clearly designated as "confidential." For example, do not file rates in the same filing as a trade secret rule. Please provide a cross-reference for any associated companion filing (e.g., SERFF tracking number, company filing number, etc.). The Bureau will reject SERFF filings and return paper filings that contain a combination of trade secret and public record materials.
· If a filing under trade secret protection is challenged by a member of the public, the Bureau will notify the insurer or RSO of the challenge. The documents will remain confidential until the matter is resolved.
Any questions related to this administrative letter may be directed to:
Personal Lines Rates & Forms
Rebecca Nichols, CPCU, CIC, CIE, CCP
Principal Insurance Market Examiner
(804) 371-9331
rebecca.nichols@scc.virginia.gov
Commercial Lines Rates & Forms
Betty Branum, CPCU, CIC
Principal Insurance Market Examiner
(804) 371-9242
betty.branum@scc.virginia.gov
Sandra Mawyer
Principal Insurance Market Examiner
(804) 371-9197
sandra.mawyer@scc.virginia.gov
/s/ Alfred W. Gross
Commissioner of Insurance
DEPARTMENT OF ENVIRONMENTAL QUALITY
Public Notice - Air Quality Plan Revision
Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on various proposed revisions to the Commonwealth of Virginia State Implementation Plan (SIP). The SIP is a plan developed by the Commonwealth 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). The Commonwealth intends to submit the regulations to the EPA as a revision to the plan in accordance with the requirements of § 110(a) of the federal Clean Air Act.
Provisions affected: The regulations of the board affected by this action are: (i) 9VAC5-10 (General Definitions), Revision G09; (ii) 9VAC5-20-21 (Documents incorporated by reference), various revisions; (iii) 9VAC5-30 (Ambient Air Quality Standards), Revisions F06c, D08, and A09; (iv) Article 51 of 9VAC5-40 (Existing Stationary Sources), Emission Standards for Stationary Sources Subject to Case-by-Case RACT Determinations, Revision E04c; (v) Articles 8 and 9 of 9VAC5-80 (Permits for Stationary Sources), Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas, and Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region, Revision C08; (vi) Regulation for Open Burning (9VAC5-130), Revision L08; and (vii) Regulation for Emissions Trading (9VAC5-140), including the CAIR Emissions Trading Program (Revision K07), and the NOX SIP Call Budget (Revision K08).
Purpose of notice: DEQ is seeking comment on the issue of whether the regulation amendments should be submitted as revisions to the plan.
Public comment period: August 4, 2010, to September 3, 2010.
Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed below. In order to be considered, the request must include the full name, address, and telephone number of the person requesting the hearing and be received by DEQ by the last day of the comment period. The request should also specify the specific action or actions (revision number and title) for which a hearing is requested. 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 for the specific action or actions.
Public comment stage: The regulations included in this plan have been adopted by the State Air Pollution Control Board in accordance with the Code of Virginia; DEQ is accepting comment only on the issue cited above under "purpose of notice" and not on the content of the regulation amendments.
Description of proposals: The proposed revisions will consist of amendments to plan provisions concerning the following: (i) for Revision G09, adding propylene carbonate and dimethyl carbonate to the list of substances not considered to be volatile organic compounds; (ii) for Revisions E04c and F06c, corrections of typographical errors; (iii) for Revision D08, adding a new 8-hour ozone national ambient air quality standard (NAAQS) at a level of 0.075 parts per million; (iv) for Revision A09, adding a new lead NAAQS of 0.15 micrograms per cubic meter; (v) for Revision C08, allowing the terms and conditions of various elements of the NSR program to be combined into a single permit, and providing an exemption for the use of alternate fuels; (vi) for Revision L08, recodifying the open burning regulations under a new chapter; (vii) for Revision K07, revising the definition of a cogeneration unit so that most units co-firing biomass will be exempt from the rule; and (viii) for Revision K08, extending the state trading budget beyond 2008, and extending allocations issued to electric and nonelectric generating units beyond 2008.
Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law. It is planned to submit all provisions of the proposals as revisions to the Commonwealth of Virginia SIP.
How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DEQ by the last day of the comment period. Please specify the specific action or actions (revision number and title) for which you are providing comment. All documents received are part of the public record.
To review documents: The proposals and any supporting documents are available on the DEQ Air Public Notices for Plans website (http://www.deq.state.va.us/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 DEQ locations:
1) Main Street Office, 629 E. Main St., 8th Floor, Richmond, VA, telephone (804) 698-4070,
2) Southwest Regional Office, 355 Deadmore St., Abingdon, VA, telephone (540) 676-4800,
3) Blue Ridge Regional Office, Roanoke Location, 3019 Peters Creek Rd., Roanoke, VA, telephone (540) 562-6700,
4) Blue Ridge Regional Office, Lynchburg Location, 7705 Timberlake Rd., Lynchburg, VA, telephone (804) 582-5120,
5) Valley Regional Office, 4411 Early Rd., Harrisonburg, VA, telephone (540) 574-7800,
6) Piedmont Regional Office, 4949-A Cox Rd., Glen Allen, VA, telephone (804) 527-5020,
7) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583-3800, and
8) Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA, telephone (757) 518-2000.
Contact for public comments, document requests, and additional information: For Revisions E04c, F06c, D08, A09 and G09: Karen Sabasteanski, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218 (telephone (804) 698-4426, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov). For Revision C08: Gary Graham, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218 (telephone (804) 698-4103, FAX (804) 698-4510, or email gary.graham@deq.virginia.gov). For Revisions K07, K08, and L08: Mary Major, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218 (telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov).
Total Maximum Daily Load for Totuskey 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 Totuskey Creek in Richmond County.
The Totuskey Creek TMDL was developed to address bacterial impairments in portions of the free-flowing and tidal segments of Totuskey Creek. The TMDL was approved by the U.S. Environmental Protection Agency (EPA) on February 9, 2010, and can be found at the following website: http://www.deq.virginia.gov/tmdl/apptmdls/shellfish/totuskey.pdf.
DEQ seeks written comments from interested persons on the modification of this TMDL. In the Totuskey Creek Bacteria TMDL approved by the EPA and in 2010, these changes are necessary for the following permitted dischargers:
· The Town of Warsaw WWTP (VA0026891) is a VPDES minor municipal facility in Warsaw, Virginia. The facility, which discharges to a tidal unnamed tributary of Totuskey Creek and directly to Totuskey Creek, was incorrectly assigned a waste load allocation (WLA) for the shellfish use impairment of 1.61E+08 cfu/day, based on the incorrect fecal coliform concentration limit of 14 cfu/100ml. DEQ proposes to revise the TMDL by correcting the shellfish use bacteria WLA to 2.29E+09 cfu/day to accommodate this facility at a maximum design flow of 0.30 MGD and a fecal coliform concentration limit of 200 cfu/100mL. The change to the WLA is not the result of any permit change, rather the original TMDL contained incorrect WLA values for this facility.
· The Haynesville Correctional Facility (VA0023469) is a VPDES minor municipal facility near Haynesville, Virginia. The facility, which discharges to a nontidal unnamed tributary of Garlands Millpond (which later flows to Little Totuskey Creek), was incorrectly assigned a WLA for the shellfish use impairment of Totuskey Creek. DEQ proposes to revise the TMDL by removing the WLA originally assigned to this facility (8.03E+07 cfu/day). This facility lies approximately 7 miles upstream of the shellfish growing segment of Totuskey Creek. The change to the WLA is not the result of any permit change; rather the original TMDL incorrectly assigned a shellfish use WLA for this facility.
· The Haynesville Correctional Facility (VA0023469) is a VPDES minor municipal facility near Haynesville, Virginia. The facility, which discharges to a nontidal unnamed tributary of Garlands Millpond (which later flows to Little Totuskey Creek), was incorrectly assigned a WLA for the primary contact recreation use impairment of tidal Totuskey Creek based on the incorrect maximum design flow of 0.15 MGD. DEQ proposes to revise the TMDL by correcting the WLA originally assigned to this facility (2.01E+08 cfu/day). The correct primary contact recreation use WLA based on the maximum design flow of 0.178 at an enterococci concentration of 35 cfu/100ml is 2.38E+08 cfu/day. This facility lies approximately 3.6 miles upstream of the impaired tidal segment of Totuskey Creek. The change to the WLA is not the result of any permit change; rather the original TMDL incorrectly assigned a shellfish use WLA for this facility. This results in a change to the total WLA for the recreation use impairment in Totuskey Creek (enterococci). The former total WLA (6.02E+08 cfu/day) has been changed to 6.40E+08 cfu/day, to accommodate the correction of the Haynesville Correctional Facility design flow.
The proposed changes will neither cause nor contribute to the nonattainment of Totuskey Creek, as documented in the EPA approved TMDL report.
The public comment period for this modification will end on September 2, 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, (804) 527-5124, or email margaret.smigo@deq.virginia.gov.
STATE WATER CONTROL BOARD
Proposed Consent Special Order for Laburnum, L.L.C. for Airport BP
An enforcement action has been proposed for Laburnum, L.L.C. for Airport BP, for alleged violations in Henrico County, Virginia. The State Water Control Board proposes to issue a consent special order to Laburnum, L.L.C. 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. Lisa Dewey will accept comments by email at lisa.dewey@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 August 2, 2010, to September 1, 2010.
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
STATE AIR POLLUTION CONTROL BOARD
Title of Regulation: 9VAC5-140. Regulation for Emissions Trading Programs (repealing 9VAC5-140-1061, 9VAC5-140-1062, 9VAC5-140-2061, 9VAC5-140-2062, 9VAC5-140-3061, 9VAC5-140-3062).
Publication: 26:23 VA.R. 2682-2686 July 19, 2010.
Correction to Final Regulation:
Page 2682, Registrar's Notice, replace the notice with the following:
REGISTRAR'S NOTICE: The State Air Pollution Control Board is claiming an exclusion from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The State Air Pollution Control Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
VA.R. Doc. No. R10-2457; Filed July 20, 2010, 1:48 p.m.
MARINE RESOURCES COMMISSION
Title of Regulation: 4VAC20-170. Pertaining to the Removal of Nets from Fixed Fishing Devices.
Publication: 21:18 VA.R. 2372 May 16, 2005.
Correction to Final Regulation:
Page 2372, change the title of the regulation to Pertaining to the Removal of Nets.
VA.R. Doc. No. R05-181; Filed July 21, 2010, 8:30 a.m.