GENERAL NOTICES
Vol. 27 Iss. 16 - April 11, 2011

GENERAL NOTICES/ERRATA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Consent Order for Albemarle County Service Authority

An enforcement action has been proposed for the Albemarle County Service Authority for violations in Albemarle County. A proposed consent order describes a settlement to resolve unpermitted discharge violations from its collection system. 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 (540) 574-7878, or postal mail Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 22801, from April 11, 2011, to May 11, 2011.

Proposed Consent Order for the City of Charlottesville

An enforcement action has been proposed for the City of Charlottesville for violations in Albemarle County. A proposed consent order describes a settlement to resolve unpermitted discharge violations from its collection system. 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 (540) 574-7878, or postal mail Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 22801, from April 11, 2011, to May 11, 2011.

Proposed Consent Order for the Town of Elkton

An enforcement action has been proposed for the Town of Elkton for violations in Rockingham County. A proposed consent order describes a settlement to resolve permit effluent limitation violations at its sewage 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 (540) 574-7878, or postal mail Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 22801, from April 11, 2011, to May 21, 2011.

Proposed Consent Order for Rivanna Water and Sewer Authority

An enforcement action has been proposed for Rivanna Water and Sewer Authority for violations in Albemarle County. A proposed consent order describes a settlement to resolve unpermitted discharges and permit effluent limitation violations at its Moores Creek Regional sewage treatment plant. A description of the proposed action is available at the Department of Environmental Quality 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 (540) 574-7878, or postal mail Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 22801, from April 11, 2011, to May 21, 2011.

Total Maximum Daily Load for Potomac River Tributaries

Announcement of a total maximum daily load (TMDL) study to restore water quality in the bacteria impaired waters of Sugarland Run, Mine Run, Pimmit Run, Powells Creek, Quantico Creek, South Fork Quantico 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 three public meetings to introduce a series of total maximum daily load studies on the Potomac River tributaries to members of the community.

PUBLIC MEETINGS:

Wednesday, April 13, 2011 - 7 p.m. to 9 p.m.

Great Falls Library, Meeting Room

9830 Georgetown Pike, Great Falls, Virginia 22066

The Potomac River tributaries that will be addressed at this meeting include: Sugarland Run, Mine Run, and Pimmit Run.

Tuesday, April 19, 2011 - 7 p.m. to 9 p.m.

Stafford Administration Building Center, Board of Supervisors Chambers

1300 Courthouse Road, Stafford, Virginia 22554

The Potomac River tributaries that will be addressed at this meeting include: Aquia Creek, Austin Creek, Accokeek Creek, Potomac Creek, Potomac Run, and an unnamed tributary to the Potomac River.

Wednesday, April 20, 2011 - 7 p.m. to 9 p.m.

Dr. A.J. Ferlazzo Building, Auditorium

15941 Donald Curtis Drive, Woodbridge, Virginia 22191

The Potomac River tributaries that will be addressed at this meeting include: Powells Creek, Quantico Creek, South Fork Quantico Creek, and North Branch Chopawamsic Creek.

Meeting description: These are the first meetings to introduce these TMDL projects to the public. The purpose of these meetings is to gather information and discuss the studies with community members.

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:


Waterbody Name

Watershed Location

Segment Size

Cause

Segment Description

Sugarland Run

Fairfax County
Loudoun County
Town of Herndon

0.95 miles

Escherichia coli

Segment begins at the confluence with Folly Lick Branch, at approximately rivermile 5.75, and continues downstream until the boundary of the PWS designation area, at rivermile 4.82.

Sugarland Run

Fairfax County
Loudoun County
Town of Herndon

4.77 miles

Escherichia coli

Segment begins at the boundary of the PWS designation area, at rivermile 4.82, and continues downstream until the confluence with the Potomac River.

Mine Run

Fairfax County

0.93 miles

Escherichia coli

Segment begins at the confluence with an unnamed tributary to Mine Run, approximately 0.5 rivermile upstream from River Bend Road, and continues downstream until the confluence with the Potomac River.

Pimmit Run

Arlington County
Fairfax County

1.62 miles

Escherichia coli

Segment begins at the confluence with Little Pimmit Run, approximately 0.1 rivermile downstream from Route 695, and continues downstream until the confluence with the Potomac River.

Pimmit Run

Arlington County
Fairfax County

2.46 miles

Escherichia coli

Segment begins at the Route 309 bridge crossing, at rivermile 4.16, and continues downstream until the confluence with Little Pimmit Run, approximately 0.1 rivermile downstream from Route 695.

Pimmit Run

Arlington County
Fairfax County

3.29 miles

Escherichia coli

Segment begins at the headwaters of Pimmit Run, approximately 0.12 rivermile upstream from Route 7, and continues downstream until the Route 309 bridge crossing, at rivermile 4.16.

* Stream segments will be addressed at the April 13, 2011, meeting in Great Falls, Virginia.

Waterbody Name

Watershed Location

Segment Size

Cause

Segment Description

Aquia Creek

Fauquier County
Stafford County

0.3638 mi2

Enterococcus

Segment extends from rivermile 4.28 to rivermile 3.28 in Aquia Creek encompassing a 0.5-mile radius around station 1aAUA003.71.  Portion of CBP segment POTOH.

Austin Run

Fauquier County
Stafford County

0.79 miles

Fecal Coliform

Segment begins at the confluence with an unnamed tributary to Austin Run (streamcode XGQ) and continues downstream until the confluence with Aquia Creek.

Accokeek Creek

Stafford County

4.21 miles

Escherichia coli

Segment begins at the confluence with an unnamed tributary to Accokeek Creek (rivermile 8.62), approximately 0.33 rivermile downstream from Route 1, and continues downstream until the end of the free-flowing waters.

Potomac Creek

Stafford County

2.18 miles

Escherichia coli

Segment begins at the railroad crossing at the west end of swamp, upstream from Route 608, and continues downstream until the east end of swamp.

Potomac Run

Stafford County

6.13 miles

Escherichia coli

Segment begins at the headwaters of Potomac Run and continues downstream until the confluence with Long Branch.

Unnamed Tributary to the Potomac River

Stafford County

2.9 miles

Escherichia coli

Segment begins at the headwaters of the unnamed tributary and continues downstream until its confluence with the Potomac River.

* Stream segments will be addressed at the April 19, 2011, meeting in Stafford, Virginia.

Waterbody Name

Watershed Location

Segment Size

Cause

Segment Description

Powells Creek

Prince William County

4.62 miles

Escherichia coli

Segment begins approximately 0.2 rivermiles below Lake Montclair and continues downstream until the end of the free-flowing waters of Powells Creek.

Quantico Creek

Prince William County
Town of Dumfries

1.45 miles

Escherichia coli

Segment begins at the confluence with South Fork Quantico Creek, approximately 0.75 rivermile upstream from I-95, and continues downstream until the start of the tidal waters of Quantico Bay.

South Fork Quantico Creek

Prince William County
Town of Dumfries

4.63 miles

Escherichia coli

Segment begins at the headwaters of the South Fork Quantico Creek and continues downstream until the start of the impounded waters, adjacent to what is labeled as Mawavi Camp No 2 on the Joplin quad.

North Branch Chopawamsic Creek

Stafford County
Prince William County

6.9 miles

Escherichia coli

Segment begins at the headwaters of North Branch Chopawamsic Creek and continues downstream until the confluence with Middle Branch.

* Stream segments will be addressed at the April 20, 2011, meeting in Woodbridge, Virginia.


Virginia agencies are working to identify the sources of bacteria contamination in these stream segments. During this study, DEQ will develop a total maximum daily load, or 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 materials presented at the public meetings will extend from April 13, 2011, to May 19, 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, Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3859, or email jennifer.carlson@deq.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 March 15, 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 Seventeen (11)

Virginia Lottery's "Nascar® Sweepstakes" Final Rules for Game Operation (effective March 13, 2011)

Director's Order Number Nineteen (11)

Virginia's Instant Game Lottery 1224; "Virginia's Riches" Final Rules for Game Operation (effective March 14, 2011)

Director's Order Number Twenty (11)

Virginia's Instant Game Lottery 1240; "Blackjack" Final Rules for Game Operation (effective March 13, 2011)

Director's Order Number Twenty-One (11)

Virginia's Instant Game Lottery 1262; "Million Dollar Cash Spectacular" Final Rules for Game Operation (effective March 14, 2011)

Director's Order Number Twenty-Three (11)

Virginia Lottery's "Foxfield and Gold Cup Race Experience Facebook Sweepstakes" Final Rules for Game Operation (effective March 16, 2011)

Director's Order Number Twenty-Four (11)

Virginia Lottery's "Winner's Circle Doubler Sweepstakes" Final Rules for Game Operation (effective March 18, 2011)

STATE BOARD OF SOCIAL SERVICES

Notice of Periodic Review

Pursuant to Executive Order Number 14 (2010), the Department of Social Services is currently reviewing 22VAC40-680, Virginia Energy Assistance Program - Low Income Home Energy Assistance Program (LIHEAP), to determine if it should be terminated, amended, or retained in its current form. The review will be guided by the principles listed in Executive Order Number 14 (2010) and in the department's Plan for Review of Existing Agency Regulations.

The department seeks public comment regarding the regulation's interference in private enterprise and life, essential need for the regulation, less burdensome and intrusive alternatives to the regulation, specific and measurable goals that the regulation is intended to achieve, and whether the regulation is clearly written and easily understandable.

Written comments may be submitted until May 2, 2011, in care of Phyl Parrish, Manager, Legislation, Regulation and Guidance, Division of Family Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7926, FAX (804) 726-7895, or email phyl.parrish@dss.virginia.gov.

Notice of Periodic Review

Pursuant to Executive Order Number 14 (2010), the Department of Social Services is currently reviewing 22VAC40-780, Elimination of Financial Eligibility Criteria for Direct Social Services, to determine if it should be terminated, amended, or retained in its current form. The review will be guided by the principles listed in Executive Order Number 14 (2010) and in the department's Plan for Review of Existing Agency Regulations.

The department seeks public comment regarding the regulation's interference in private enterprise and life, essential need for the regulation, less burdensome and intrusive alternatives to the regulation, specific and measurable goals that the regulation is intended to achieve, and whether the regulation is clearly written and easily understandable.

Written comments may be submitted until May 2, 2011, in care of Phyl Parrish, Manager, Legislation, Regulation and Guidance, Division of Family Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7926, FAX (804) 726-7895, or email phyl.parrish@dss.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Order for Northrop Grumman Systems Corporation

An enforcement action has been proposed for Northrop Grumman Systems Corporation for violations of State Water Control Law and regulations, resulting from an oil discharge to state waters and land at the Northrop Grumman facility located at 12900 Federal Systems Park Drive in Fairfax Virginia. The consent order describes a settlement to resolve these violations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Stephanie Bellotti will accept comments by email at stephanie.bellotti@deq.virginia.gov, FAX (703) 583-3821, or postal mail Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from April 12, 2011, through May 12, 2011.

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.