GENERAL NOTICES/ERRATA
STATE AIR POLLUTION CONTROL BOARD
Proposed State Implementation Plan Revision - Fredericksburg Ozone Maintenance Area
Notice of action: The Department of Environmental Quality (DEQ) is seeking comments and announcing a public hearing on a proposed revision to a plan that ensures the Fredericksburg Ozone Maintenance Area's air quality will maintain compliance with the 1997 national ambient air quality standard for ozone. 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) of the federal Clean Air Act. The SIP is the plan developed by the Commonwealth in order 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) under the Act.
Purpose of notice: DEQ is seeking comments on the plan revision and on the issue of whether the plan revision enables the area to maintain compliance with the 1997 ozone national ambient air quality standard.
Public comment period: August 15, 2011, to September 16, 2011.
Public hearing: A public hearing will be conducted in the George Washington Regional Commission, Fredericksburg Area Metropolitan Planning Organization, 406 Princess Anne St., Fredericksburg, VA at 10:30 a.m. on September 16, 2011.
Description of proposal: The proposed revision consists of updating the motor vehicle emissions budgets for nitrogen oxides (NOX) using EPA's motor vehicle emission factor model (MOVES2010a) in order to help ensure that the Fredericksburg region can properly demonstrate transportation conformity.
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) of the federal Clean Air Act 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.
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 on the last day of the comment period. Commenters sending faxes are encouraged to provide the signed original by postal mail within one week. 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 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, 629 East Main Street, 8th Floor, Richmond, VA, telephone (804) 698-4070;
2) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583-3800; and
3) George Washington Regional Commission, Fredericksburg Area Metropolitan Planning Organization, 406 Princess Anne Street, Fredericksburg, VA, telephone (540) 373-2890.
Contact Information: Doris A. McLeod, Air Quality Planner, 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 18, 2011
Administrative Letter 2011-06
TO: All Insurance Institutions in Virginia
RE: Gramm-Leach-Bliley Act Privacy Notice
The purpose of this administrative letter is to clarify that insurance institutions (as defined in § 38.2-602 of the Code of Virginia) may use the new federal Model Privacy Form in accordance with this administrative letter and still meet the requirements for compliance with the Gramm-Leach-Bliley Act (GLBA) set forth in Virginia's financial information collection and disclosure practices notice requirements described in §§ 38.2-604.1, 38.2-612.1, 38.2-613, and 38.2-613.2 of the Code of Virginia (Virginia Privacy Notice).
As required by the Financial Services Regulatory Relief Act of 2006, eight federal agencies1 adopted a simplified federal Model Privacy Form. (See Federal Trade Commission's rules.2) Insurance institutions that do business in the Commonwealth may use the new federal Model Privacy Form or continue to use other types of privacy notices that differ from the federal Model Privacy Form to meet the notice content requirements of the Virginia Privacy Notice. The accurate use of the federal Model Privacy Form in accordance with the instructions set forth below constitutes compliance with the notice content requirements of the Virginia Privacy Notice.
Use of Model Privacy Form
Insurance institutions may use the attached Model Privacy Form, consistent with the federal instructions and the instructions set forth below, as a safe harbor of compliance with the requirements of the Virginia Privacy Notice. The Model Privacy Form may be used at the option of an insurance institution, including a group of insurance institutions or financial institutions that use a common privacy notice to meet the content requirements of the Virginia Privacy Notice. GLBA and the Virginia Privacy Notice requirements apply to life insurance, accident and sickness insurance, and property and casualty insurance primarily for personal, family, or household purposes.
The Model Privacy Form is a standardized form, including page layout, content, format, style, pagination, and shading. Insurance institutions seeking to obtain the safe harbor through use of the model form may modify it only as described in the instructions set forth in the federal Model Privacy Form, as amended in this administrative letter. Furthermore, the safe harbor only applies to the use of the Model Privacy Form if the insurance institution accurately completes the form and otherwise meets the requirements of the federal instructions and the instructions set forth in this administrative letter.
Under § 38.2-604.1 C of the Code of Virginia, if an insurance institution only discloses nonpublic personal information to affiliated and non-affiliated third parties as authorized under § 38.2-613 of the Code of Virginia, the insurance institution is not required to list those exceptions in the initial or annual Virginia Privacy Notice. When describing the categories of parties to whom these disclosures are made, it is sufficient for the insurance institution to state that it makes disclosures to other affiliated and non-affiliated third parties: (1) for our everyday business purposes (include all that apply) such as to: process insurance transactions, maintain a policy(ies), respond to court orders and legal investigations, or report to credit bureaus; or (2) as permitted by law.
In the "What?" box of the Model Privacy Form, the bulleted list identifies the types of personal information that the insurance institution collects and shares. All insurance institutions must use the term "Social Security number" in the first bullet (as set forth in the instructions to the federal form). For the remainder of the bulleted items, an insurance institution should list examples of other personal information that it collects and shares.
Note that disclosure of certain information, such as assets, income, and information from a consumer reporting agency, may give rise to obligations under the Fair Credit Reporting Act [15 U.S.C.1681–1681x] (FCRA), such as (i) a requirement to permit a consumer to opt out of disclosures to affiliates or (ii) designation as a consumer reporting agency if disclosures are made to nonaffiliated third parties.
Use of Other Types of Privacy Notices
Use of the attached Model Privacy Form is not required. Insurance institutions may continue to use their existing privacy notices that meet the requirements of the Virginia Privacy Notice.
Virginia-Specific Information to be Included in Privacy Notices
As required by the federal instruction to the Model Privacy Form, insurance institutions using this form must include state specific information on the form. This information should be added to the Other Important Information box on page 2 of the federal Model Privacy Form.
· As required by Section 38.2-604.1 of the Code of Virginia, in addition to describing the types of information that may be collected and disclosed, the insurance institution must describe the categories of persons to whom financial information may be disclosed.
· When describing the categories of parties to whom the licensee discloses nonpublic personal information, the licensee is not required to list the exceptions in Section 38.2-613 of the Code of Virginia in the initial or annual privacy notice required by Section 38.2-604.1 of the Code of Virginia.
· When describing the categories of parties to whom these disclosures are made, it is sufficient for the licensee to state that it makes disclosures to other nonaffiliated companies "as permitted by law."
· Additionally, the insurance institution must describe its policies and practices for protecting the confidentiality and security of financial information.
Safe Harbor Not Applicable to the Notice Required by § 38.2-604
Insurance institutions should be aware that while the accurate use of the Model Privacy Form will provide the insurance institution with a safe harbor of compliance with the Virginia Privacy Notice, the Model Privacy Form will not provide a safe harbor for the notice required by § 38.2-604 of the Code of Virginia, the Notice of Information Collection and Disclosure Practices. The triggers for the two notices are different. Consequently, the insurers are reminded that they are still required to provide the notice set forth in § 38.2-604 of the Code of Virginia.
Questions regarding this letter may be directed to: Property & Casualty Division, Katie Johnson, CIC, AIE, Principal Insurance Market Examiner, telephone (804) 371-9688, or email katie.johnson@scc.virginia.gov; Life & Health Division, Ann Colley, Principal Insurance Analyst, telephone (804) 371-9813, or email ann.colley@scc.virginia.gov.
/s/ Jacqueline K. Cunningham
Commissioner of Insurance
1 Office of the Comptroller of the Currency; Treasury (OCC); Board of Governors of the Federal Reserve System (Board); Federal Deposit Insurance Corporation (FDIC); Office of Thrift Supervision, Treasury (OTS); National Credit Union Administration (NCUA); Federal Trade Commission (FTC); Commodity Futures Trading Commission (CFTC); and Securities and Exchange Commission (SEC).
2 The federal Model Privacy Form and its instructions may be found at: http://www.ftc.gov/privacy/privacyinitiatives/PrivacyModelForm_FR.pdf
There are four versions of the Model Privacy Form on the following pages.
Version 1: Model Form with No Opt-Out.
Version 2: Model Form with Opt-Out by Telephone and/or Online.
Version 3: Model with Mail-In Opt-Out Form.
Version 4: Optional Mail-In Form.
BOARD OF CORRECTIONS
Notice of Periodic Review
Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Corrections is conducting a periodic review of 6VAC15-45, Regulations for Private Management and Operation of Prison Facilities. The purpose of the review is to determine whether the regulation should be terminated, amended, or retained in its current form.
The review of the regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. Public comment is sought on the review of any issue related to the regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.
The comment period begins August 15, 2011, and ends at 5 p.m. on September 7, 2011. Comments may be submitted online to the Virginia Regulatory Town Hall website (www.townhall.virginia.gov). Comments may also be sent to Jim Bruce, Agency Regulatory Coordinator, Department of Corrections, P.O. Box 26963, Richmond, VA 23261-6963, telephone (804) 674-3303, extension 1130, FAX (804) 674-3017, email james.bruce@vadoc.virginia.gov. Commenters should include their full name and address.
Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Proposed Enforcement Action for E. I. Du Pont de Nemours and Company James River Plant
An enforcement action has been proposed for the E. I. Du Pont de Nemours and Company James River Plant for alleged violations at the facility on 1201 Bellwood Road in Chesterfield, Virginia. The action requires corrective action and payment of a civil charge. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at frank.lupini@deq.virginia.gov, FAX (804) 527-5106, or postal mail Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA, 23060, from August 15, 2011, to September 15, 2011.
Proposed Consent Order for K. Hovnanian Four Seasons at Historic Virginia, LLC
An enforcement action has been proposed for K. Hovnanian Four Seasons at Historic Virginia, LLC for alleged violations in Prince William County associated with the Four Seasons at Historic Virginia Development. The consent order describes a settlement to resolve unpermitted impacts to surface waters on the property. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Sarah Baker will accept comments by email at sarah.baker@deq.virginia.gov, FAX (703) 583-3821, or postal mail Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from August 16, 2011, through September 15, 2011.
Proposed Enforcement Action for Kenan Transport, LLC
An enforcement action has been proposed for Kenan Transport, LLC for an alleged violation at Richmond International Airport in Richmond, Virginia. The action requires payment of a civil charge. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at frank.lupini@deq.virginia.gov, FAX (804) 527-5106, or postal mail Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from August 15, 2011, to September 15, 2011.
Proposed Enforcement Action for Omega Protein, Inc.
An enforcement action has been proposed for Omega Protein, Inc. for alleged violations at the facility in Reedville, Virginia. The action requires payment of a civil charge. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at frank.lupini@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 15, 2011, to September 15, 2011.
Notice of Public Meeting and Public Comment for Total Maximum Daily Load Studies in the Cities of Virginia Beach and Chesapeake
The Virginia Department of Environmental Quality will host a public meeting on water quality studies for several creeks located in the Cities of Virginia Beach and Chesapeake on Monday, August 29, 2011.
The meeting will start at 4 p.m. at Creeds Ruritan Barn, Virginia Beach Farm Bureau Office, located at 1057 Princess Anne Road, Virginia Beach, Virginia. The purpose of the meeting is to provide information and discuss the study with interested local community members and local government.
Redhead Bay at Drum Point, Beggars Bridge Creek, Upper and Lower Hell Point Creek, Muddy Creek, Lower Ashville Bridge Creek, and Middle North Landing River were identified in Virginia's Water Quality Assessment and 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.
Pocaty River and Blackwater Creek were identified in Virginia's Water Quality Assessment and Integrated Report as impaired for not supporting the Aquatic Life Use. The impairment is based on water quality monitoring data reports of sufficient violations of Virginia's water quality standard for dissolved oxygen.
Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop 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 total maximum daily loads 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, pollutant levels have to be reduced to the TMDL amount.
The public comment period on materials presented at this meeting will extend from August 30, 2011, to September 28, 2011. For additional information or to submit comments, contact Jennifer Howell, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone (757) 518-2111, or email jennifer.howell@deq.virginia.gov. Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.
STATE LOTTERY DEPARTMENT
Director's Order
The following Director's Order of the State Lottery Department was filed with the Virginia Registrar of Regulations on July 22, 2011. The order 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-Four (11)
Virginia's On-Line Game "Pick 3" Final Rules for Game Operation (effective July 22, 2011)
STATE BOARD OF SOCIAL SERVICES
Notice of Periodic Review
Pursuant to Executive Order Number 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Social Services will review 22VAC40-910, General Provisions for Maintaining and Disclosing Confidential Information of Public Assistance, Child Support Enforcement, and Social Services Records. The purpose of this review is to determine whether the regulation shall be continued without change or be amended or repealed.
The review of this regulation will be guided by the principles listed in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. Public comment is sought on the review of any issue related to the regulation, including whether the regulation: (i) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law, (ii) is necessary for the protection of public health, safety and welfare, and (iii) is clearly written and easily understandable.
The comment period begins on August 15, 2011, and ends at 5 p.m. on September 5, 2011. Comments may be submitted online to the Virginia Regulatory Town Hall (www.townhall.virginia.gov). Comments may also be submitted by mail, email, facsimile, or orally by phone to Karin Clark, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7017, email karin.clark@dss.virginia.gov, and FAX (804) 726-7096.
Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.
STATE WATER CONTROL BOARD
Proposed Enforcement Action for Duplin Marketing, LLC
An enforcement action has been proposed for Duplin Marketing, LLC for alleged violations of the State Water Control Law at the J.L. Rose Hog Transfer facility in Courtland, Virginia. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Mr. Robin Schuhmann will accept comments by email at robin.schuhmann@deq.virginia.gov, FAX (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, from August 15, 2011, to September 14, 2011.
Consent Special Order for Mr. Ogburn
An enforcement action has been proposed for Mr. Ogburn for alleged violations at the Dinwiddie Car Wash in Dinwiddie, Virginia. The State Water Control Board proposes to issue a consent special order to Mr. Ogburn to address noncompliance with State Water Control Board law. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Cynthia Akers will accept comments by email at cynthia.akers@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 15, 2011, to September 16, 2011.
Consent Special Order for RockTenn CP, LLC
An enforcement action has been proposed for RockTenn CP, LLC for alleged violations at the West Point Mill in West Point, Virginia. The State Water Control Board proposes to issue a consent special order to RockTenn CP, LLC to address noncompliance with State Water Control Board law. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Cynthia Akers will accept comments by email at cynthia.akers@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 15, 2011, to September 16, 2011.
Proposed Enforcement Action for Southampton County
An enforcement action has been proposed for Southampton County for alleged violations of the Virginia Pollutant Discharge Elimination System Permit at the Town of Boykins Wastewater Treatment Plant at 19028 Number 8 Schoolhouse Road, Boykins, Virginia. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Paul R. Smith will accept comments by email at paul.smith@deq.virginia.gov, FAX (757) 518-2009, or postal mail Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, from August 15, 2011, to September 14, 2011.
Proposed Consent Order for W. Harold Talley II, LLC
An enforcement action has been proposed for W. Harold Talley II, LLC for violations of the State Water Control Law and Regulations in Surry County. The State Water Control Board proposes to issue a consent order to resolve violations regarding the unpermitted discharge of wastewater to state waters from Gray's Creek Marina Wastewater Treatment Plant. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Jennifer Hoeffner will accept comments by email at jennifer.hoeffner@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 15, 2011, to September 16, 2011. The DEQ office is located at 4949 A Cox Road, Glen Allen, Virginia.
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.
ERRATA
STATE AIR POLLUTION CONTROL BOARD
Title of Regulation: 9VAC5-530. Electric Generator Voluntary Demand Response General Permit.
Publication: 27:23 VA.R. 2523-2540 July 18, 2011.
Correction to Final Regulation:
Page 2526, first column, 9VAC5-530-40 A, line 6, after "requirements" strike "stated below:" and insert "[ stated below: of this subsection. ]"
VA.R. Doc. No. R10-2295; Filed July 22, 2011, 11:21 a.m.
Title of Regulation: 9VAC5-540. Emergency Generator General Permit.
Publication: 27:23 VA.R. 2540-2552 July 18, 2011.
Correction to Final Regulation:
Page 2543, first column, 9VAC5-540-40 A, line 3, replace "[ insert effective date of this chapter ]" with "[ insert effective date of this chapter August 17, 2011 ]"
Page 2543, first column, 9VAC5-540-40 A, line 6, after "requirements" strike "stated below:" and insert "[ stated below: of this subsection. ]"
Page 2543, second column, 9VAC5-540-40 A 1, line 3, after "Table I" strike "below" and insert "[ below ]"
VA.R. Doc. No. R10-2296; Filed July 22, 2011, 11:21 a.m.
STATE WATER CONTROL BOARD
Title of Regulation: 9VAC25-800. Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Discharges Resulting from the Application of Pesticides to Surface Waters.
Publication: 27:13 VA.R. 1647-1665 February 28, 2011.
Note: The following corrections to the published text of 9VAC25-800 are necessary to conform to the text that was adopted by the State Water Control Board at its meeting on February 4, 2011. After publication of the final regulation, the effective date of the regulation was suspended (see 27:17 VA.R. 2083 April 25, 2011) in response to action of the 6th Circuit Court of Appeals to delay the effective date of the court's ruling and deadline for when permits will be required for pesticide discharges. The State Water Control Board readopted the regulation with an effective date of October 31, 2011, which coincides with the effective date of the court's ruling. This erratum is being published to correct the text prior to publication of the readopted regulation in a future issue of the Virginia Register of Regulations with an effective date of October 31, 2011.
Corrections to Final Regulation:
Page 1651, column 1, 9VAC25-800-10, replace the definition of "treatment area" in its entirety with the following:
"Treatment area" means the area of land including any waters, or the linear distance along water's edge, to which pesticides are being applied. Multiple treatment areas may be located within a single pest management area.
Treatment area includes the entire area, whether over land or water, where the pesticide application is intended to provide pesticidal benefits. In some instances, the treatment area will be larger than the area where pesticides are actually applied. For example, the treatment area for a stationary drip treatment into a canal should be calculated by multiplying the width of the canal by the length over which the pesticide is intended to control weeds. The treatment area for a lake or marine area is the water surface area where the application is intended to provide pesticidal benefits.
Treatment area calculations for pesticide applications that occur at water's edge, where the discharge of pesticides directly to waters is unavoidable, are determined by the linear distance over which pesticides are applied. [ For example, treating both sides of a five-mile-long river, stream, or ditch is equal to 10 miles of treatment area. Treating five miles of shoreline or coast would equal a five-mile treatment area. ]
Page 1651, column 2, 9VAC25-800-30 B 2, replace subdivision 2 in its entirety with the following:
2. [ Aquatic weed and Weed, ] algae [ , and pathogen ] control - to control invasive or other [ aquatic (emergent, floating or submerged) ] nuisance weeds [ and, ] algae [ , and pathogens ] in surface waters. [ Aquatic nuisance weeds include, but are not limited to, cattails, hydrilla, and watermeal. ]
Page 1651, column 2, 9VAC25-800-30 B 3, replace subdivision 3 in its entirety with the following:
3. [ Aquatic animal Animal ] pest control - to control [ aquatic ] invasive or other [ aquatic ] animal pests in surface waters. [ Aquatic animal pests in this use category include, but are not limited to, fish (e.g., snakehead) and zebra mussels. ]
Page 1652, 9VAC25-800-30 C, Table 1, under heading "Pesticide Use," line 3, replace "Aquatic Weed and Algae Control:" with "[ Aquatic Weed and Algae Weed, Algae, and Pathogen ] Control:"
Page 1652, 9VAC25-800-30 C, Table 1, under heading "Pesticide Use," line 7, replace "Aquatic Animal Pest Control:" with "[ Aquatic Animal Pest Control ]"
Page 1652, 9VAC25-800-30 C, footnotes following Table 1, replace footnote 2 in its entirety with the following:
[ 2Calculation 2Calculations ] include the linear extent of the application made along the water's edge adjacent to: (i) surface waters and (ii) conveyances with a hydrologic surface connection to surface waters at the time of pesticide application. For calculating annual treatment totals, count each pesticide application activity [ and each side of a linear water body as a separate activity ] or area [ only once ]. For example, treating both sides of a 10-mile ditch [ twice a year ] is equal to [ 20 10 ] miles of water treatment area.
Page 1654, column 2, 9VAC25-800-60 Part I A 1 b (2), lines 1-6, replace with:
(2) [ Aquatic weed and Weed, ] algae [ , and pathogen ] control. This subpart applies to discharges resulting from the application of pesticides to control invasive or other [ aquatic (emergent, floating, or submerged) ] nuisance weeds [ and, ] algae [ , and pathogens ] in surface waters. [ Aquatic nuisance weeds include, but are not limited to, cattails, hydrilla, and watermeal. ]
Page 1654, column 2, 9VAC25-800-60 Part I A 1 b (2) (a) (ii), line 1, replace "aquatic weed or algae" with "[ aquatic ] weed [ or, ] algae [ , or pathogen ]"
Page 1655, column 1, 9VAC25-800-60 Part I A 1 b (2) (a) (iv), line 1, replace "aquatic weed or algae" with "[ aquatic ] weed [ or, ] algae [ , or pathogens ]"
Page 1655, column 1, 9VAC25-800-60 Part I A 1 b (2) (b), line 9, replace "aquatic weeds or algae" with "[ aquatic ] weeds [ or, ] algae [ , or pathogens ]"
Page 1655, column 1, 9VAC25-800-60 Part I A 1 b (2) (c), line 2, replace "aquatic weeds or algae" with "[ aquatic ] weeds [ or, ] algae [ , or pathogens ]"
Page 1655, column 1, 9VAC25-800-60 Part I A 1 b (3), lines 1-6, replace with:
(3) [ Aquatic animal Animal ] pest control. This subpart applies to discharges resulting from the application of pesticides to control [ aquatic ] invasive or other [ aquatic ] animal pests in surface waters. [ Aquatic animal pests in this use category include, but are not limited to, fish (e.g., snakehead) and zebra mussels. ]
Page 1655, column 2, 9VAC25-800-60 Part I A 1 b (3) (a) (i), replace "aquatic" with "[ aquatic ]"
Page 1655, column 2, 9VAC25-800-60 Part I A 1 b (3) (a) (ii), line 1, replace "aquatic" with "[ aquatic ]"
Page 1655, column 2, 9VAC25-800-60 Part I A 1 b (3) (a) (iv), line 1, replace "aquatic" with "[ aquatic ]"
Page 1655, second column, 9VAC25-800-60 Part I A 1 b (3) (b), line 9, replace "aquatic" with "[ aquatic ]"
Page 1655, second column, 9VAC25-800-60 Part I A 1 b (3) (c), line 1, replace "aquatic" with "[ aquatic ]"
Page 1655, second column, 9VAC25-800-60 Part I A 1 b (4), line 2, replace "aerial" with "[ aerial ]"
VA.R. Doc. No. R10-2390; Filed July 25, 2011, 3:36 p.m.