GENERAL NOTICES/ERRATA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Notice of Extension of Periodic Review
Pursuant to Executive Order 14 (2010), the Virginia Department of Agriculture and Consumer Services, on behalf of the Board of Agriculture and Consumer Services, is currently reviewing 2VAC5-240, Rules and Regulations for Enforcement of the Grain Handlers Law, to determine whether they should be terminated, amended, or retained in their current form. Each regulation will be reviewed to determine whether (i) the regulation protects public health, safety, and welfare with the least possible intrusion in the lives of citizens; (ii) alternatives in lieu of regulation may achieve the goals of the regulation; (iii) the regulation is based on the best reasonably available scientific, economic, and other information; (iv) the regulation is designed to achieve its intended objective in the most efficient, cost-effective manner; (v) the regulation is clearly written and easily understandable by the individuals and entities affected; and (vi) the regulation has been developed in accordance with laws relating to the impact of regulations on small businesses.
Comment period began on January 17, 2011, and has been extended to February 28, 2011.
Agency Contact: Roy E. Seward, Department of Agriculture and Consumer Services, Oliver Hill Building, Room 214, Richmond, VA 23219, telephone (804) 786-3535 or email roy.seward@vdacs.virginia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Federal Consistency Certification - United States Nuclear Regulatory Commission for the Combined License Application from Dominion Virginia Power Company North Anna Power Station
Comment period: January 30, 2011, through March 18, 2011.
Type of response: Federal consistency certification.
The Department of Environmental Quality (DEQ) is reviewing a federally licensed activity to determine if it is consistent with the Virginia Coastal Zone Management Program (VCP), as approved under the federal Coastal Zone Management Act. The coastal area includes the counties of Spotsylvania, Hanover, Caroline, and King William. Activities adjacent to the coastal area, such as those in Louisa County (which borders Lake Anna), are subject to review because they may affect resources or uses in the coastal area.
Purpose of notice: To invite the public to comment and to attend a public hearing on March 3, 2011, at Louisa County Middle School from 6:30 p.m. to 10 p.m. (inclement weather date is March 10, 2011) as DEQ develops its response to the federal consistency certification. An informal informational session will precede the hearing from 5:30 p.m. to 6:30 p.m.
Name of agency proposing the project: United States Nuclear Regulatory Commission (NRC) is the federal licensing agency for the combined license (COL) application submitted by Dominion Virginia Power Company (Dominion).
Project description: Dominion has submitted an application for a COL to the NRC for the construction and operation of the proposed Unit 3 at Dominion's existing North Anna Power Station (NAPS) in Louisa County near Mineral. The proposed project requires the issuance of a COL from NRC for the construction and operation of the new unit. The project also requires the issuance of permits by the U.S. Army Corps of Engineers under § 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. The federal consistency certification is required under the federal Coastal Zone Management Act and federal consistency regulations for activities related to the COL and Corps permits.
How a decision is made: DEQ's Office of Environmental Impact Review coordinates the Commonwealth's review of federal consistency certifications; distributing documents to appropriate state agencies, planning districts, and localities; and providing for public notice and input. Upon consideration of all comments, and in cooperation with other state agencies, DEQ prepares a single state response.
How to comment: DEQ accepts written comments from the public by U.S. mail, FAX, or email (see contact information below). All comments must include the name, address, and telephone number of the person commenting and be received by DEQ within the comment period. Oral comments submitted at the March 3, 2011, hearing will be recorded by a court reporter and the resulting transcript will become part of DEQ's records. The public may review project documents at DEQ's central office in Richmond (see contact information below).
To review the project documents: The public may review the documents at DEQ's central office in Richmond every work day by appointment. Copies of the documents have also been placed in the main libraries of the following counties:
Louisa County Public Library located at 881 Davis Highway, Mineral, VA 23117;
C. Melvin Snow Memorial Branch Library located at 8740 Courthouse Road, Spotsylvania, VA 22553;
Orange County Public Library located at 146A Madison Road, Orange, VA 22960;
Upper King William Branch Library located at 694-J Sharon Road, Sharon Office Park, King William, VA 23086;
Ladysmith Branch, Caroline County Library located at 7199 Clara Smith Street, Ruther Glen, VA 22546; and
Hanover Branch Library located at 7527 Library Drive, Hanover, VA 23069.
The documents are also available at the North Anna Nuclear Information Center located at 1022 Haley Drive, Mineral, VA 23117.
Contact Information: Ellie Irons, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4325, FAX (804) 698-4319, or email ellie.irons@deq.virginia.gov.
U.S. Environmental Protection Agency to Designate a Federal No Discharge Zone
Public meeting: Tuesday, February 22, 2011, 6 p.m., in the Board of Supervisors Meeting Room of the Lancaster County Administrative Building (old general district courtroom), 8311 Mary Ball Road, Lancaster, VA 22503.
Purpose of notice: The Virginia Department of Environmental Quality (DEQ) is announcing its intent to apply to the U.S. Environmental Protection Agency (EPA) to designate a federal No Discharge Zone, and is seeking public comment on the draft application.
Meeting description: This public meeting is to solicit public comment for the designation of selected creeks within Lancaster County (Mulberry, Deep, Greenvale, Paynes, Beach, Whitehouse, Town, Myer, Moran, Taylor, Carter, Mosquito, Oyster, Windmill Point Resort Boat Basin, Antipoison, Davenport, Tabbs, and Dymer Creek and both East and Western Branches of the Corrotoman River) and a portion of one creek in Northumberland County (Indian Creek) as federal No Discharge Zones (NDZs). The NDZ designation would ban the overboard discharge of human sewage, either treated or untreated, in these creeks.
Description of study: House Bill 1774 resolves that all tidal creeks in Virginia be designated federal No Discharge Zones, and directs DEQ to pursue this designation. It is currently illegal to discharge raw sewage in U.S. territorial waters. In an NDZ, this ban is expanded to include sewage treated by on-board marine sanitation devices. This designation is determined by EPA upon application from the states, and is contingent on the states' demonstrating a) the need for enhanced protection of water quality, b) the availability of sufficient local alternatives to overboard discharge (i.e. pump-outs), and c) local stakeholder support. DEQ is seeking this designation as one component of a "clean-up plan" for small tidal Chesapeake Bay tributaries that are frequently impaired for shellfish harvest due to elevated levels of fecal bacteria. DEQ has conducted an analysis of boat traffic and pump-out availability for the creeks proposed for NDZs in Lancaster County (and a portion of one creek in Northumberland County), and concluded that existing pump-out facilities are adequate to service estimated peak-season demand. A draft application to EPA for No Discharge Zone designation has been prepared and is available for public review and comment. This draft will be available on the DEQ website http://www.deq.virginia.gov/tmdl/ndz.html the day of or the day after the public meeting. Presentations provided at the meeting will also be made available on the website.
How to comment: DEQ will accept written comments beginning on February 23, 2011, by email, FAX, or postal mail. Comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period, that will expire on Monday, March 28, 2011.
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 margaret.smigo@deq.virginia.gov.
Notice of Public Meeting and Public Comment for a Total Maximum Daily Load Study in Hoffler Creek, Cities of Suffolk and Portsmouth
The Virginia Department of Environmental Quality (DEQ) will host a public meeting on a water quality study for Hoffler Creek, located in the Cities of Suffolk and Portsmouth, on Wednesday March 9, 2011.
The meeting will start at 7 p.m. in the Northern Shores Elementary School cafeteria located at 6701 Respass Beach Road, Suffolk, VA. The purpose of the meeting is to provide information and discuss the study with interested local community members and local government.
Hoffler Creek (VAT-G15E_HOF01A06) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the primary contact use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.
Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia, require DEQ to develop total maximum daily loads (TMDLs) for pollutants responsible for each impaired water contained in Virginia's 303(d) TMDL Priority List and Report and subsequent Water Quality Assessment Reports.
During the study, DEQ will develop a TMDL for the impaired water. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL amount.
The public comment period on materials presented at this meeting will extend from March 9, 2011, to April 8, 2011. For additional information or to submit comments, contact Jennifer Howell, Virginia Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, by telephone (757) 518-2111, or by email jennifer.howell@deq.virginia.gov.
Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.
Development of an Implementation Plan to Address Fecal Bacteria Impairments in the Kings Creek Watershed
The Department of Environmental Quality (DEQ), the Department of Conservation and Recreation (DCR), and Northampton County invite citizens to a public meeting to discuss the development of an implementation plan (IP) to address fecal bacteria impairments in the Kings Creek Watershed. Water quality monitoring indicates that bacteria levels in Kings Creek violate Virginia's water quality standards for shellfish propagation. A total maximum daily load (TMDL) study for the impairments was approved by EPA in 2007 and is available on DEQ's website at http://www.deq.virginia.gov/tmdl/apptmdls/shellfish/cherryst.pdf.
The IP will identify ways to meet the pollutant reductions outlined in the TMDL study. The final public meeting to review the draft TMDL implementation plan will be held in the auditorium of the former Northampton Middle School on Wednesday, February 23, 2011, at 7 p.m., Northampton County Middle School, 7247 Young Street, Machipongo, VA.
The purpose of the meeting is to discuss the proposed management actions to reduce bacteria concentrations in the affected watershed and to solicit public comment on the draft IP. The IP includes the corrective actions needed to reduce bacteria and the associated costs, benefits, and environmental impacts. The IP also provides measurable goals and a timeline of expected achievement of water quality objectives. A copy of the draft IP will be available on the DEQ website by February 23, 2011. (http://www.deq.virginia.gov/tmdl/iprpts.html)
How to comment: The public comment period on the development of the IP will end on March 25, 2011. Oral comments will be accepted and addressed at the public meeting. Additional questions or information requests should be addressed to Todd Herbert or Jennifer Howell. Written comments and inquiries should include the name, address, and telephone number of the person submitting the comments and should be sent to Todd Herbert, Department of Conservation and Recreation, 1548-A Holland Road, Suffolk, VA 23434, telephone (757) 925-2319, FAX (757) 925-2388, or email todd.herbert@dcr.virginia.gov, or Jennifer Howell, Department of Environmental Quality, 5636 Southern Blvd., Virginia Beach, VA 23262, telephone (757) 518-2111, FAX (757) 518-2003, or email jshowell@deq.virginia.gov.
Total Maximum Daily Load Study in Mill Creek, Northampton County
The Virginia Department of Environmental Quality will host a public meeting on a water quality study for Mill Creek, located in Northampton County, on Thursday, March 10, 2011.
The meeting will start at 6:30 p.m. in the Kiptopeke Elementary School Library located at 24023 Fairview Road, Cape Charles. The purpose of the meeting is to provide information and discuss the study with interested local community members and local government.
Mill Creek (VAT-D06R_MCR01A00) was identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the primary contact use. The impairment is based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for bacteria.
Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia, require DEQ to develop total maximum daily loads (TMDLs) for pollutants responsible for each impaired water contained in Virginia's 303(d) TMDL Priority List and Report and subsequent Water Quality Assessment Reports.
During the study, DEQ will develop a TMDL for the impaired water. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL amount.
The public comment period on materials presented at this meeting will extend from March 10, 2011, to April 11, 2011. For additional information or to submit comments, contact Jennifer Howell, Virginia Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, by telephone (757) 518-2111, or by email jennifer.howell@deq.virginia.gov.
Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.
Total Maximum Daily Load Studies to Restore Water Quality in the Bacteria Impaired Waters of Sugarland Run, Mine Run, Pimmit Run, Powells Creek, Quantico Creek, South Fork Quantico Creek, Little Creek, Chopawamsic Creek, North Branch Chopawamsic Creek, Aquia Creek, Austin Run, Accokeek Creek, Potomac Creek, Potomac Run, and an Unnamed Tributary to the Potomac River
Announcement of total maximum daily load (TMDL) studies to restore water quality in the bacteria impaired waters of Sugarland Run, Mine Run, Pimmit Run, Powells Creek, Quantico Creek, South Fork Quantico Creek, Little Creek, Chopawamsic Creek, North Branch Chopawamsic Creek, Aquia Creek, Austin Run, Accokeek Creek, Potomac Creek, Potomac Run, and an Unnamed Tributary to the Potomac River.
Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Virginia Department of Conservation and Recreation (DCR) announce the first Technical Advisory Committee (TAC) meeting to introduce a series of total maximum daily load (TMDL) studies on several tributaries to the Potomac River.
Technical advisory committee meeting: Tuesday, March 1, 2011, 10 a.m. - 12 Noon, Virginia Department of Environmental Quality, Northern Regional Office, Conference Rooms 1 and 2, 13901 Crown Court, Woodbridge, VA 22193.
In case of inclement weather, an alternate meeting date has been established for Tuesday, March 8, 2011, same time and location as listed above. If the weather is questionable on March 1, please contact Jennifer Carlson (see contact information below) to determine whether the meeting will be postponed to the alternate meeting date.
Meeting description: This is the first meeting to introduce these TMDL projects to the TAC. The purpose of the TAC will be to provide technical input and insight for the project, and to assist with stakeholder and public participation.
Description of study: Portions of the following streams have been identified as impaired on the Clean Water Act § 303(d) list for not supporting Virginia's water quality recreational use standard due to exceedances of the bacteria criterion:
Virginia agencies are working to identify sources of bacteria contamination in these stream segments. During this study, DEQ will develop a TMDL for each of the impaired stream segments. 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 TAC meeting will extend from March 1, 2011, to March 31, 2011. 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: Jennifer Carlson, Virginia Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3859, email jennifer.carlson@deq.virginia.gov.
DEPARTMENT OF HEALTH
Notice of Public Hearing - 2011 Preventive Health and Health Services Block Grant
The Virginia Health Department (VDH) is publishing this notice of intent to hold a public hearing for the Fiscal Year 2011 Preventive Health and Health Services (PHHS) Block Grant. All interested individuals and groups are invited to participate at the public hearing on the PHHS Block Grant. In
accordance with Title XIX, Section 1905 of the Public Health Service Act, the Commonwealth of Virginia hereby gives notice that VDH will apply for FY 2011 PHHS Block Grant funds for programs addressing Healthy People 2010 national health objectives. The public hearing will be held on Wednesday, February 9, 2011, from 9 a.m. to 10 a.m. at the Virginia Department of Health, 109 Governor Street, Room 715, Richmond, VA. The State Work Plan is available on the agency's website at www.vahealth.org. Public comment on the work plan can be made at the public hearing and written
comments can be addressed to Robin Buskey, Office of Family Health Services, P.O. Box 2448, Room 721, Richmond, VA 23218.
Contact Information: Robin Buskey, Grants Coordinator, 109 Governor Street, Room 721, Richmond, VA, telephone (804) 864-7663, FAX (804) 864-7647, or email robin.buskey@vdh.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 January 20, 2011, January 21, 2011, and January 28, 2011. 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 One (11)
Virginia's Instant Game Lottery 1220; "$100,000 Riches" Final Rules for Game Operation (effective January 19, 2011)
Director's Order Number Two (11)
Virginia's Instant Game Lottery 1226; "Hot Slots" Final Rules for Game Operation (effective January 19, 2011)
Director's Order Number Three (11)
Virginia's Instant Game Lottery 1175; "Quick $100" Final Rules for Game Operation (effective January 20, 2011)
Director's Order Number Four (11)
Virginia's Instant Game Lottery 1202; "$1,000,000 Cash Blast" Final Rules for Game Operation (effective January 19, 2011)
Director's Order Number Five (11)
"EZ Stop Winter Chain Promotion" Virginia Lottery Retailer Incentive Program Rules (effective January 20, 2011)
Director's Order Number Seven (11)
Virginia's Instant Game Lottery 1238; "Mad Money" Final Rules for Game Operation (effective January 28, 2011)
Director's Order Number Ten (11)
Virginia's Twenty-Fifth Online Game Lottery; "Decades of Dollars" Final Rules for Game Operation (effective on the first sale date of the Matrix set forth in the Multi-State "Decades of Dollars" Official Game Rules, as adopted)
Director's Order Number Eleven (11)
Virginia's Twenty-Sixth Online Game Lottery; "Fast Play Blackjack" Final Rules for Game Operation (effective on the first sale date of the Matrix set forth in the Multi-State "Fast Play Blackjack" Official Game Rules, as adopted)
Director's Order Number Twelve (11)
Virginia's Twenty-Seventh Online Game Lottery; "Fast Play 3-Card Bingo" Final Rules for Game Operation (effective on the first sale date of the Matrix set forth in the Multi-State "Fast Play 3-Card Bingo" Official Game Rules, as adopted)
VIRGINIA CODE COMMISSION
Notice to State Agencies
Contact Information: Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; FAX (804) 692-0625; Email: varegs@dls.virginia.gov.
Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at http://www.virginia.gov/cmsportal3/cgi-bin/calendar.cgi.
Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available 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.