AIR POLLUTION CONTROL BOARD
Proposed State Implementation Plan Revision - § 110(a)(2) Infrastructure for Lead
Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed plan to assure necessary authorities are contained in the state implementation plan (SIP) to allow areas to attain and maintain the national ambient air quality standard for lead. The Commonwealth intends to submit the plan as a revision to the Commonwealth of Virginia 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 comment on the issue of whether the plan demonstrates the Commonwealth's compliance with federal Clean Air Act requirements related to general state plan infrastructure for controlling emissions of lead.
Public comment period: January 30, 2012, to February 29, 2012.
Public hearing: A public hearing will be conducted if a request is made in writing to the contact listed below. In order to be considered, the request must include the full name and address of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be conducted.
Description of proposal: The proposed revision will consist of a demonstration of compliance with the general requirements of § 110(a)(2) of the federal Clean Air Act for the lead (Pb) national ambient air quality standard (NAAQS).
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 by the last day of the comment period. All information received is part of the public record.
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) DEQ Main Street Office, 629 East Main Street, 8th Floor, Richmond, VA, telephone (804) 698-4070,
2) Southwest Regional Office, 355 Deadmore Street, Abingdon, VA, telephone (540) 676-4800,
3) Blue Ridge Regional Office, Roanoke Location, 3019 Peters Creek Road, Roanoke, VA, telephone (540) 562-6700,
4) Blue Ridge Regional Office, Lynchburg Location, 7705 Timberlake Road, Lynchburg, VA, telephone (804) 582-5120,
5) Valley Regional Office, 4411 Early Road, Harrisonburg, VA, telephone (540) 574-7800,
6) Piedmont Regional Office, 4949-A Cox Road, 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.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Notice of Citizen Nomination of Surface Waters for Water Quality Monitoring
In accordance with § 62.1-44.19:5 F of the Code of Virginia, the Water Quality Monitoring Information and Restoration Act, the Virginia Department of Environmental Quality (DEQ) has developed guidance for requests from the public regarding specific segments that can be nominated for consideration to be included in the Virginia Department of Environmental Quality (DEQ's) annual Water Quality Monitoring Plan.
Any citizen of the Commonwealth who wishes to nominate a water body or stream segment for inclusion in DEQ's Water Quality Monitoring Plan should refer to the guidance in preparation and submittal of their requests. All nominations must be received by April 30, 2012, to be considered for the 2013 calendar year. Copies of the guidance document and nomination form are available online at http://www.deq.virginia.gov/cmonitor/.
Contact Information: Stuart Torbeck, Water Quality Data Liaison, Virginia Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4461, or email charles.torbeck@deq.virginia.gov.
Results of Total Maximum Daily Load Study for Powells Creek, Quantico Creek, South Fork Quantico Creek, North Branch Chopawamsic Creek, Austin Run, Accokeek Creek, Potomac Creek, Potomac Run, and an Unnamed Tributary to the Potomac River
Announcement of a total maximum daily load (TMDL) study to restore water quality in the bacteria impaired waters of Powells Creek, Quantico Creek, South Fork Quantico Creek, North Branch Chopawamsic 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 a public meeting to present the results of TMDL studies on several tributaries to the Potomac River located in Prince William and Stafford Counties.
Public meeting: Wednesday, February 1, 2012, 7 p.m. to 8:30 p.m., Auditorium, Dr. A.J. Ferlazzo Building, 15941 Donald Curtis Drive, Woodbridge, VA 22191.
Note: In case of inclement weather please contact Katie Conaway for an alternate meeting date, time, and location. Telephone (703) 583-3804 or email katie.conaway@deq.virginia.gov.
Meeting description: This is the final public meeting for this project. The purpose of this meeting is to discuss the study with community members and present the project results.
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 the sources of bacteria contamination in these stream segments. During this study, DEQ developed a total maximum daily load (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 meeting will extend from February 1, 2012, to March 2, 2012. 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: Katie Conaway, Virginia Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3804, or email katie.conaway@deq.virginia.gov.
Total Maximum Daily Load Studies in Southampton, Sussex, and Greensville Counties
The Virginia Department of Environmental Quality (DEQ) will host a public meeting on water quality studies for several water bodies that are impaired due to not meeting bacteria water quality standards.
The meeting will be held on Wednesday, February 15, 2012, and will start at 6:30 p.m. at the Southampton Board of Supervisors Meeting Room located at 26022 Administration Center Drive, Courtland, Virginia. The purpose of the meeting is to provide information and discuss the outcomes of the studies with interested local community members and local government.
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 load (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.
The purpose of the studies is to develop a TMDL 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 waters listed below were identified in Virginia's Water Quality Assessment Integrated Report as impaired for not supporting the recreation use. The impairments are based on water quality monitoring data reports of sufficient exceedances of Virginia's water quality standard for E.coli.
| Flat Swamp | VAT-K13R_FTS01A04 |
| Three Creek – Lower | VAT-K27R_TRE02A00 |
| Three Creek – Upper | VAT-K27R_TRE01A00 |
| Mill Swamp | VAT-K28R_MSP01A06 |
| Darden Mill Run | VAT-K30R_DMR01A02 |
| Tarrara Creek | VAT-K13R_TRR01A00 |
Several impaired segments were also identified in the assessment report as needing an assessment to determine if natural conditions are the cause of the low DO and pH values. If it is determined that anthropogenic causes contribute to the impairments, a TMDL will be developed for each waterbody listed below:
| Flat Swamp | VAT-K13R_FTS01A04 DO |
| Mill Swamp | VAT-K28R_MSP01A06 DO |
| Darden Mill Run | VAT-K30R_DMR01A02 DO and pH |
The public comment period on materials presented at this meeting will extend from February 16, 2012, to March 16, 2012. 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, 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 BOARD OF HEALTH
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 Department of Health is conducting a periodic review of 12VAC5-20, Regulations for the Conduct of Human Research. The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. The purpose of this review is to determine whether this regulation should be terminated, amended, or retained in its current form.
Public comment is sought on the review of any issue relating to this 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 February 27, 2012, and ends on March 21, 2012.
Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Susan Tlusty, Policy Analyst, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7686, FAX (804) 864-7722, or email susan.tlusty@vdh.virginia.gov.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. 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.
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 Department of Health is conducting a periodic review of 12VAC5-150, Regulations for the Sanitary Control of Storing, Processing, Packing and Repacking of Oysters, Clams and other Shellfish. The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. The purpose of this review is to determine whether this regulation should be terminated, amended, or retained in its current form.
Public comment is sought on the review of any issue relating to this 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 January 30, 2012, and ends on February 20, 2012.
Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Bob Croonenberghs, Ph.D., Director, Division of Shellfish Sanitation, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7477, FAX (804) 864-7481, or email bob.croonenberghs@vdh.virginia.gov.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. 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.
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 Department of Health is conducting a periodic review of 12VAC5-160, Regulations for the Sanitary Control of the Picking, Packing and Marketing of Crab Meat for Human Consumption. The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. The purpose of this review is to determine whether this regulation should be terminated, amended, or retained in its current form.
Public comment is sought on the review of any issue relating to this 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 February 27, 2012, and ends on March 21, 2012.
Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Bob Croonenberghs, Ph.D., Director, Division of Shellfish Sanitation, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7477, FAX (804) 864-7481, or email bob.croonenberghs@vdh.virginia.gov.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. 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.
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 Department of Health is conducting a periodic review of 12VAC5-431, Sanitary Regulations for Hotels. The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. The purpose of this review is to determine whether this regulation should be terminated, amended, or retained in its current form.
Public comment is sought on the review of any issue relating to this 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 February 13, 2012, and ends on March 6, 2012.
Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Gary Hagy, Director, Division of Food and General Environmental Services, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7455, FAX (804) 864-7475, or email gary.hagy@vdh.virginia.gov.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. 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.
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 Department of Health is conducting a periodic review of 12VAC5-530, Regulations Governing the Virginia Medical Scholarship Program. The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. The purpose of this review is to determine whether this regulation should be terminated, amended, or retained in its current form.
Public comment is sought on the review of any issue relating to this 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 January 30, 2012, and ends on February 20, 2012.
Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Patrice Perkins, Health Equity Fellow, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7424, FAX (804) 864-7440, or email patrice.perkins@vdh.virginia.gov.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. 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.
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 Department of Health is conducting a periodic review of 12VAC5-540, Rules and Regulations for the Identification of Medically Underserved Areas in Virginia. The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. The purpose of this review is to determine whether this regulation should be terminated, amended, or retained in its current form.
Public comment is sought on the review of any issue relating to this 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 February 13, 2012, and ends on March 5, 2012.
Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Patrice Perkins, Health Equity Fellow, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7424, FAX (804) 864-7440, or email patrice.perkins@vdh.virginia.gov.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. 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.
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 Department of Health is conducting a periodic review of 12VAC5-542, Rules and Regulations Governing the Virginia Nurse Practitioner/Nurse Midwife Scholarship Program. The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. The purpose of this review is to determine whether this regulation should be terminated, amended, or retained in its current form.
Public comment is sought on the review of any issue relating to this 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 February 27, 2012, and ends on March 21, 2012.
Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Patrice Perkins, Health Equity Fellow, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7424, FAX (804) 864-7440, or email patrice.perkins@vdh.virginia.gov.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. 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 LOTTERY DEPARTMENT
Director's Order
The following Director's Order of the State Lottery Department was filed with the Virginia Registrar of Regulations on January 10, 2012. 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 Twelve (12)
Virginia Lottery's "Lucky Dog Doubler & Cat Scratch Fever Sweepstakes" Final Rules for Game Operation (effective January 10, 2012)
STATE WATER CONTROL BOARD
Proposed Consent Special Order for HH Hunt Homes, L.C.
An enforcement action has been proposed for HH Hunt Homes, L.C. for alleged violations at Linden Pointe Subdivision, Henrico County, Virginia. The State Water Control Board proposes to issue a consent special order to HH Hunt Homes, L.C. to address noncompliance with State Water Control Board law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Gina Pisoni will accept comments by email at gina.pisoni@deq.virginia.gov, FAX at (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from January 30, 2012, to March 2, 2012.
Proposed Consent Special Order for The Vistas Apartments Limited Partnership and Brisben Lakeview Limited Partnership
An enforcement action has been proposed for The Vistas Apartments Limited Partnership and Brisben Lakeview Limited Partnership for alleged violations at Ivy Walk Apartments, 4800 Burnt Oak Drive, Chesterfield, Virginia. The State Water Control Board proposes to issue a consent special order to The Vistas Apartments Limited Partnership and Brisben Lakeview Limited Partnership to address noncompliance with State Water Control Board law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Gina Pisoni will accept comments by email at gina.pisoni@deq.virginia.gov, FAX at (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from January 30, 2012, to March 2, 2012.
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.