GENERAL NOTICES/ERRATA
AIR POLLUTION CONTROL BOARD
State Implementation Plan Revision - Visibility Impairments in Federal Class I Areas
Notice of action: The Department of Environmental Quality (DEQ) is seeking comments and announcing a public hearing on a proposed plan to improve visibility impairment in federal Class I areas. Federal Class I areas are defined in the Clean Air Act as national parks over 6,000 acres and wilderness areas and memorial parks over 5,000 acres, established as of 1977. Virginia is home to two such areas, the Shenandoah National Park and the James River Face Wilderness Area. If adopted, the Commonwealth intends to submit the plan as a revision to the Commonwealth of Virginia State Implementation Plan (SIP) in accordance with the requirements of § 110(a) and § 169 A of the federal Clean Air Act (CAA). The SIP is the plan developed by the Commonwealth in order to fulfill its responsibilities under the federal CAA to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act.
Purpose of notice: DEQ is seeking comments on the overall plan, and on the issue of whether the plan will enable the Commonwealth to meet federal requirements for controlling air pollutants that reduce visibility in Class I areas.
Public comment period: August 16, 2010, to September 17, 2010.
Public hearing: September 16, 2010 - 10 a.m.- 2nd Floor Conference Room A, Department of Environmental Quality, 629 East Main Street, Richmond, VA.
Description of proposal: Virginia is required to demonstrate reasonable progress toward meeting the national goal of a return to natural visibility conditions by 2064 for each Class I area within the state and for Class I areas located outside the state that may be affected by emissions from sources within the state. The plan establishes baseline visibility conditions for 2000-2004, natural background visibility conditions in 2064, and the rate of uniform progress (glidepath) between baseline and background conditions. The plan establishes reasonable progress goals (RPGs), which provide for reasonable progress toward achieving natural visibility conditions, provide for improvement in visibility for the most impaired days over the period of the implementation plan, and ensure no degradation in visibility for the least impaired days over the same period.
In order to ensure that visibility goals are properly met and set, the regional haze SIP includes determinations, for each Class I area, of the baseline visibility conditions for the most impaired and least impaired days. The SIP also contains supporting documentation for all required analyses used to calculate the degree of visibility impairment for the most impaired and least impaired days. In addition, the plan includes a monitoring strategy for measuring, characterizing, and reporting of regional haze visibility impairment that is representative of all Class I areas within the state.
This first set of RPGs must be met through measures contained in the state's long-term strategy covering the period from the present until 2018. The long-term strategy includes enforceable emissions limitations, compliance schedules, and other measures as necessary to achieve the RPGs, including all controls required or expected under all federal and state regulations by 2018. During development of the long-term strategy, the Commonwealth considered specific factors such as the abovementioned ongoing control programs, measures to mitigate construction activities, source retirement and replacement schedules, smoke management programs for agriculture and forestry, and enforceability of specific measures.
In addition, the plan demonstrates implementation of best available retrofit technology (BART) requirements, including a determination of BART for each source that emits any air pollutant that may reasonably be anticipated to cause or contribute to any impairment of visibility in any Class I area. BART-eligible sources are sources in 26 specific source categories that began operation within a 15-year period prior to enactment of the 1977 CAA. Emission limitations representing BART and schedules for compliance with BART for each source subject to BART are included in the long-term strategy.
Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). The proposal will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) and § 169A of the federal CAA in accordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to the Commonwealth of Virginia SIP.
Consultation with federal land managers (FLMs): As provided in 40 CFR 51.302(b)(2), the FLMs were given the opportunity to comment on the proposed plan on October 1, 2007, and May 19, 2010. FLMs were also given opportunity to comment on BART requirements. FLM comments on BART documents are located in Appendices H-9e, H-9f, H-9i, H10b-P, and H-10b-S. DEQ responses to these comments are located in Appendices H-9g, H-9h, H-9j, H-10b-R, and H-10b-T. FLM comments on the entire SIP are located in Appendices J-3, J-4, J-5, and J-6. DEQ responses to these comments are located in Appendices J-7 and J-8.
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 the DEQ contact listed below by the last day of the comment period. Both oral and written comments are accepted at the public hearing. DEQ prefers that comments be provided in writing, along
with any supporting documents or exhibits. All testimony, exhibits, and documents received are part of the public record. Please note this proposed plan is being concurrently reviewed by EPA.
To review the proposal: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website (http://www.deq.virginia.gov/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, 8th Floor, 629 E. Main St., 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 Information: Doris A. McLeod, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4197, FAX (804) 698-4510, or email doris.mcleod@deq.virginia.gov.
STATE CORPORATION COMMISSION
Bureau of Insurance
July 28, 2010
Administrative Letter 2010–08
To: All Surplus Lines Brokers Licensed in Virginia
Re: Premium Tax and Assessment Practices and Procedures
The State Corporation Commission Bureau of Insurance has modified its quarterly and annual filings requirements pursuant to §§ 38.2-4806 and 38.2-4807 of the Code of Virginia. The new process will streamline the requirements for the brokers while providing the Bureau of Insurance flexibility to implement an audit program to verify policy and tax information as required by the Code of Virginia. Therefore, effective with the third quarter tax report due October 30th, 2010, the Quarterly Surplus Lines Tax Report will be comprised of only the SLB-7. The annual tax report due March 1 will remain the same with the exception of a few modifications to the report. Beginning with the 2010 third quarter tax report, surplus lines brokers will no longer have to submit detailed policy information on a quarterly basis; however, the broker must maintain that detailed policy information. The Bureau of Insurance will provide instructions regarding the new process of filing the detailed policy information at a later date. This does not constitute the full array of changes that will be implemented by the Bureau of Insurance in its effort to transition brokers to a more streamlined and ultimately to an electronic filing and payment process. Finally, federal legislation was recently passed which could necessitate additional changes; therefore, you will periodically receive updated filing procedures which will be governed by this administrative letter.
Questions regarding this letter may be directed to: Keith D. Kelley, Administrative Tax Supervisor, State Corporation Commission, P.O. Box 1157, Richmond, VA 23218, telephone (804) 371-9333.
/s/ Alfred W. Gross
Commissioner of Insurance
DEPARTMENT OF ENVIRONMENTAL QUALITY
Proposed Consent Order for Harrisonburg-Rockingham Sewer Authority
An enforcement action has been proposed for the Harrisonburg-Rockingham Sewer Authority for alleged violations in Rockingham County. A proposed consent order describes a settlement to resolve certain permit effluent violations and unauthorized discharges at its North River Waste Water Treatment Plant. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Steven W. Hetrick will accept comments by email at steven.hetrick@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 22801, from August 30, 2010, to September 29, 2010.
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 August 9, 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.
Director's Order Number Sixty-Five (10)
Virginia Lottery's "American Music Festival Facebook Sweepstakes" Final Rules for Game Operation (effective August 8, 2010)
Director's Order Number Sixty-Eight (10)
Virginia Lottery's "Muscle Car Money Sweepstakes" Final Rules for Game Operation (effective August 8, 2010)
DEPARTMENT OF TRANSPORTATION
Notice of Periodic Review
Pursuant to Executive Order Number 14 (10), the Virginia Department of Transportation (VDOT) has scheduled the four regulations listed below for review to determine whether the regulation should be amended or retained as written. VDOT will file the necessary documentation to comply with applicable statutes or other directives.
Contact information and duration of the collection of comment are shown at the end of this notice.
Regulation Title: 24VAC30-210. Underground Utility Policy.
Subject: This policy prescribes the policies, procedures, and reimbursement provisions for the underground relocation of existing overhead utility facilities on selected transportation improvement projects.
APA Exemption: § 2.2-4002 B 3 of the Code of Virginia.
VDOT seeks public comment to determine whether the regulation meets the following goals:
1. To 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 written clearly and understandably?
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Regulation Title: 24VAC30-220. Virginia Alternative Fuels Revolving Fund Regulations.
Subject: This regulation establishes the procedures VDOT will use in administering the Virginia Alternative Fuels Revolving Fund, a program designed to encourage the use of alternative fuels. This program was not funded by the General Assembly after FY98, but the regulation was not rescinded because funding may be restored in the future.
APA Exemption: § 2.2-4002 B 4 of the Code of Virginia.
VDOT seeks public comment to determine whether the regulation meets the following goals:
1. To encourage the use of alternate fuels to improve air quality.
2. To aid Virginia's economy.
3. To reduce dependence on imported fuels.
4. To protect the public's health, safety, and welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth.
5. Is the regulation written clearly and understandably?
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Regulation Title: 24VAC30-420. Operation and Maintenance of Roads in Incorporated Towns Less than 3,500.
Subject: This regulation cites pertinent state law concerning statutory authority and establishes requirements under which local governments of incorporated towns of less than 3,500 population may request the Commonwealth Transportation Board (CTB) to provide funds for road improvements from secondary funds, as well as CTB funding authority when no request is made.
APA Exemption: § 2.2-4002 B 4 of the Code of Virginia.
VDOT seeks public comment to determine whether the regulation meets the following goals:
1. To 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 written clearly and understandably?
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Regulation Title: 24VAC30-430. Maintenance of Roads Crossing the Interstate System.
Subject: This regulation establishes the role VDOT will play in the maintenance of roads crossing the Interstate System for roads in cities and towns, counties except Arlington and Henrico, and all other counties.
APA Exemption: § 2.2-4002 B 4 of the Code of Virginia.
VDOT seeks public comment to determine whether the regulation meets the following goals:
1. To 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 written clearly and understandably?
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Contact: David Roberts, Program Administration Specialist III, Virginia Department of Transportation, Policy Division, 1401 E. Broad St., Richmond, VA 23219, telephone (804) 786-3620, FAX (804) 225-4700, or email david.roberts@vdot.virginia.gov.
Comments may be submitted from August 30, 2010, to September 20, 2010, to the contact referenced above.
STATE WATER CONTROL BOARD
Public Notice - Approval of Water Quality Management Planning Actions
Notice of action: The State Water Control Board (board) is considering the approval of 21 total maximum daily load (TMDL) reports and four TMDL modifications, and granting authorization to include the TMDL reports and modifications in the appropriate Water Quality Management Plans (WQMPs).
Purpose of notice: The board is seeking comment on the proposed approvals and authorizations. The purpose of these actions is to approve 21 TMDL reports and four TMDL modifications as Virginia's plans for the pollutant reductions necessary for attainment of water quality goals in several impaired waterbodies. These actions are taken in accordance with the Public Participation Procedures for Water Quality Management Planning.
Public comment period: August 30, 2010, to September 28, 2010.
Description of proposed action: DEQ staff intends to recommend (i) that the DEQ director approve the TMDL reports and TMDL modifications listed below as Virginia's plans for the pollutant reductions necessary for attainment of water quality goals in the impaired segments, and (ii) that the DEQ director authorize inclusion of the TMDL reports and TMDL modifications in the appropriate WQMPs. No regulatory amendments are required for these TMDLs and their associated waste load allocations.
At previous meetings, the board voted unanimously to delegate to the DEQ director the authority to approve TMDLs that do not include waste load allocations requiring regulatory adoption by the board, provided that a summary report of the action the director plans to take is presented to the board prior to the director approving the TMDL reports. The TMDLs included in this public notice will be approved using this delegation of authority.
The TMDLs listed below were developed in accordance with federal regulations (40 CFR 130.7) and are exempt from the provisions of Article 2 (§ 2.2-4006 et seq. of the Code of Virginia) of the Virginia Administrative Process Act. The TMDLs have been through the TMDL public participation process contained in DEQ's Public Participation Procedures for Water Quality Management Planning. The public comment process provides the affected stakeholders an opportunity for public appeal of the TMDLs. EPA approved all TMDL reports presented under this public notice. The approved reports can be found at https://www.deq.virginia.gov/TMDLDataSearch/ReportSearch.jspx.
Affected Waterbodies and Localities
Potomac River & Shenandoah River Basins:
1. "Cod, Presley, Hull, Rogers, Bridgeman, Cubitt, and Hack Creeks - Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution"
8 bacteria TMDLs, located in Northumberland County, propose bacteria reductions for portions of the watershed to address VDH Shellfish Area Condemnations and primary contact (swimming use) impairments
2. "Bacteria TMDL for the Tidal Four Mile Run Watershed"
1 bacteria TMDL, located in Arlington County and the City of Alexandria, proposes bacteria reductions for portions of the watersheds to address a primary contact (swimming use) impairment
3. "Bacteria TMDL Development and Benthic Stressor Analysis for South Fork Shenandoah River"
1 bacteria TMDL, located in Rockingham and Page Counties, proposes bacteria reductions for portions of the watersheds to address a primary contact (swimming use) impairment
4. "Bacteria and Benthic Total Maximum Daily Load Development for South River"
1 bacteria TMDL, located in the City of Waynesboro and Augusta and Rockingham Counties, proposes bacteria reductions for portions of the watershed to address a primary contact (swimming use) impairment
5. "Total Maximum Daily Load Development to Address Bacteria and Benthic Impairments in the Spout Run Watershed, Clarke County, Virginia"
3 bacteria TMDLs, located in Clarke County, propose bacteria reductions for portions of the watersheds to address primary contact (swimming use) impairments
6. Modification for "Total Maximum Daily Load (TMDL) Development for Smith Creek"
1 bacteria TMDL, located in Shenandoah and Rockingham Counties, proposes bacteria reductions for portions of the watersheds to address a primary contact (swimming use) impairment (modification)
In the James River Basin:
7. "TMDL Report for Chesapeake Bay Shellfish Waters: Bleakhorn Creek, Bennett Creek, and Knotts Creek Bacterial Impairments in the City of Suffolk, VA"
3 bacteria TMDLs, located in Suffolk County, propose bacteria reductions for portions of the watershed to address VDH Shellfish Area Condemnations
8. "Shellfish Bacteria Total Maximum Daily Load (TMDL) Development - Chuckatuck Creek and Brewers Creek Watersheds"
1 bacteria TMDL, located in Suffolk and Isle of Wight Counties, proposes bacteria reductions for portions of the watershed to address VDH Shellfish Area Condemnations
9. "Bacteria Total Maximum Daily Load (TMDL) Development for the Elizabeth River Watershed"
4 bacteria TMDLs, located in Chesapeake, Norfolk, Portsmouth, and Virginia Beach, propose bacteria reductions for portions of the watersheds to address primary contact (swimming use) impairments
10. "Shellfish Bacteria Total Maximum Daily Load (TMDL) Development - Kings Creek and Bay and Ballard Creek and Bay Watersheds"
2 bacteria TMDLs, located in Isle of Wight and Suffolk Counties, propose bacteria reductions for portions of the watersheds to address VDH Shellfish Area Condemnations
11. "TMDL Report for Chesapeake Bay Shellfish Waters: Lawnes Creek Bacterial Impairment in Isle of Wight and Surry Counties, VA"
1 bacteria TMDL, located in Surry and Isle of Wight Counties, proposes bacteria reductions for portions of the watershed to address VDH Shellfish Area Condemnations
12. "Morris Creek (tidal), Charles City County - Total Maximum Daily Load (TMDL) for Bacteria Contamination Impaired for Recreational Use"
1 bacteria TMDL, located in the Charles City County, proposes bacteria reductions for portions of the watershed to address a primary contact (swimming use) impairment
13. Modification for "Bacteria Total Maximum Daily Load for the James River Basin"
7 bacteria TMDLs, located in Amherst, Bedford, and Campbell Counties and the city of Lynchburg, propose bacteria reductions for portions of the watersheds to address a primary contact (swimming use) impairment (modification)
14. Modification for "Fecal TMDL (Total Maximum Daily Load) Development for Willis River, Virginia"
1 bacteria TMDL, located in Cumberland County, proposes bacteria reductions for portions of the watersheds to address a primary contact (swimming use) impairment (modification)
In the Rappahannock River Basin:
15. "Totuskey and Richardson Creeks - Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Pollution"
2 bacteria TMDLs, located in Richmond County, propose bacteria reductions for portions of the watershed to address VDH Shellfish Area Condemnations and primary contact (swimming use) impairments
16. Modification for "Fecal Coliform TMDL - Mountain Run Watershed, Culpeper County, Virginia"
1 bacteria TMDLs, located in Culpeper County, proposes bacteria reductions for portions of the watershed to address a primary contact (swimming use) impairment (modification)
In the Tennessee/Big Sandy River Basin:
17. "Bacteria and Benthic Total Maximum Daily Load Development for Middle Fork Holston River"
5 bacteria TMDLs, located in Washington and Smyth Counties, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments
18. "Bacteria and Benthic Total Maximum Daily Load Development for Wolf Creek"
1 bacteria TMDL, located in Washington County, proposes bacteria reductions for portions of the watershed to address a primary contact (swimming use) impairment
In the Chowan River Basin:
19. "E. Coli Total Maximum Daily Load Development for Assamoosick Swamp and Tributaries in Sussex and Southampton Counties, VA"
1 bacteria TMDL, located in Sussex and Southampton Counties, proposes bacteria reductions for portions of the watershed to address a primary contact (swimming use) impairment
20. "E. Coli Total Maximum Daily Load Development for Blackwater River and Tributaries in Sussex, Surrey, Prince George, Dinwiddie Counties and Petersburg, VA"
4 bacteria TMDLs, located in Dinwiddie, Prince George, Surry, and Sussex Counties and the City of Petersburg, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments
21. "Fecal Bacteria Total Maximum Daily Load Development for Meherrin River and Tributaries"
2 bacteria TMDLs, located in Charlotte, Lunenburg, Mecklenburg, and Brunswick Counties, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments
In the Chesapeake Bay-Small Coastal-Eastern Shore Basin:
22. "TMDL Report for Chesapeake Bay Shellfish Waters: Mattawoman Creek Bacterial Impairment in Northampton County, VA"
1 bacteria TMDL, located in Northampton County, proposes bacteria reductions for portions of the watershed to address VDH Shellfish Area Condemnations
In the York River Basin:
23. "TMDL Report for Chesapeake Bay Shellfish Waters: Ware Creek, Taskinas Creek, and Skimono Creek Bacterial Impairments in York, James City, and New Kent Counties, VA"
3 bacteria TMDLs, located in James City, New Kent, and York Counties, propose bacteria reductions for portions of the watersheds to address VDH Shellfish Area Condemnations
In the New River Basin:
24. "Bacteria Total Maximum Daily Load (TMDL) Development for Cripple Creek"
3 bacteria TMDLs, located in Wythe County, propose bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments
25. "Bacteria Total Maximum Daily Load (TMDL) Development for Elk Creek"
1 bacteria TMDL, located in Grayson County, proposes bacteria reductions for portions of the watershed to address a primary contact (swimming use) impairment
How to comment: DEQ accepts written comments by email, fax, and postal mail. All written comments must include the full name, address, and telephone number of the person commenting and be received by DEQ by 5 p.m. on the last day of the comment period.
How a decision is made: After comments have been considered, the board will make the final decision.
To review documents: The TMDL reports and TMDL implementation plans are available on the DEQ website at https://www.deq.virginia.gov/TMDLDataSearch/ReportSearch.jspx and by contacting the DEQ representative named below. The electronic copies are in PDF format and may be read online or downloaded.
Contact for public comments, document requests, and additional information: David S. Lazarus, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4299, FAX (804) 698-4116, or email david.lazarus@deq.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.
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.