GENERAL NOTICES
Vol. 30 Iss. 3 - October 07, 2013

GENERAL NOTICES/ERRATA

STATE AIR POLLUTION CONTROL BOARD

Proposed Ozone Advance Plan for Caroline County

Notice of action: The Department of Environmental Quality (DEQ) is seeking comments and announcing a public hearing on a proposed plan to promote continued compliance with the national ambient air quality standard (NAAQS) for ozone in Caroline County. This ozone advance action plan is a plan developed by the Commonwealth in order to meet its overall clean air goals under the federal Clean Air Act by attaining and maintaining the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act.

Purpose of notice: DEQ is seeking comments on the overall plan.

Public comment period: October 7, 2013, to November 6, 2013.

Public hearing: November 5, 2013, at 10 a.m. in Conference Room A, Department of Environmental Quality, 629 East Main Street, Richmond, VA 23218.

Description of proposal: On May 21, 2012, EPA designated Caroline County as attainment for the 2008 NAAQS. To help ensure continued clean air, county leaders have worked cooperatively with DEQ and a number of stakeholders to create the plan, which details the numerous clean air programs that are in place and will be implemented to reduce substances that contribute to the formation of ozone. Air quality in the area will continue to improve through the implementation of these programs. Major stakeholders in this process include Caroline County, FAMPO; Virginia Department of Mines, Minerals and Energy; Virginia Department of Transportation; Fort A.P. Hill; Dominion Virginia Power; Virginia Clean Cities Coalition; and GWRideConnect. Actions taken as part of the plan, and various upwind reductions of ozone and particulate matter, will continue to improve air quality well into the future.

Federal information: This notice is being given to provide the general public with the opportunity to provide input on the plan. Ozone advance action plans are voluntary plans developed in cooperation with EPA and are intended to enable the Commonwealth to meet its general federal requirement to attain and maintain the NAAQS; however, there is no mandatory requirement for this type of plan to undergo public comment.

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 no later than the last day of the comment period. DEQ prefers that comments be provided in writing, along with any supporting information. Comments on the plan must be submitted to Doris A. McLeod, Air Quality Planner, Office of Air Data Analysis and Planning, 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. All materials received are part of the public record.

To review the proposal: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website at http://www.deq.state.va.us/Programs/Air/PublicNotices/airplansandprograms.aspx. The documents may also be obtained by contacting the DEQ representative named above. 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, and

2) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583-3800.

Contact Information: Doris A. McLeod, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4197, FAX (804) 698-4510, or email doris.mcleod@deq.virginia.gov.

State Implementation Plan Proposed Revision - Richmond Air Quality Plan, Stage II

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed plan to attain and maintain the national ambient air quality standard (NAAQS) for ozone in the Richmond-Petersburg Ozone Attainment/Maintenance Area. 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 Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA).

Purpose of notice: DEQ is seeking comments on the overall plan and on the issue of whether the plan will enable the Richmond-Petersburg area to continue to meet the ozone NAAQS.

Public comment period: October 7, 2013, to November 6, 2013.

Public hearing: A public hearing will be conducted on November 5, 2013, in Conference Room A, Department of Environmental Quality, 629 East Main Street, Richmond, Virginia at 1:30 p.m. Directions may be found at http://www.deq.virginia.gov/Locations/CentralOffice.aspx.

Description of proposal: The proposed revision revises the Richmond-Petersburg area's ozone maintenance plans such that Stage II vapor recovery systems on gasoline dispensing stations are no longer required beginning on January 1, 2017.

The Richmond-Petersburg area was originally designated as a moderate nonattainment area for the 1991 ozone NAAQS of 0.012 parts per million (ppm). The area's air quality improved, and a redesignation request and maintenance plan were approved by EPA on November 17, 1997. On April 30, 2004, EPA designated the area as a moderate nonattainment area for the 1997 ozone NAAQS of 0.08 ppm. Again the area qualified for attainment status, and EPA approved a redesignation request and maintenance plan on June 1, 2007. Both maintenance plans contained emission reductions from the implementation of Stage II vapor controls. Since the most recent maintenance plan was developed and approved, the area has been attaining the current, more-protective ozone NAAQS of 0.075 ppm. EPA has also determined that Stage II, which controls vapors emitted from gasoline pumps, is incompatible with and less effective in controlling vapors than onboard refueling vapor recovery, which controls vapors in individual vehicles. The Commonwealth has determined that Stage II is no longer needed in the area's maintenance plan, which is approved into the Virginia SIP at 40 CFR 52.2420(e).

Removing this requirement does not interfere with maintenance of any ozone NAAQS. In addition to the incompatibility between Stage II controls and vehicles equipped with onboard refueling vapor recovery systems, volatile organic compound (VOC) reductions from other sources of emissions more than compensate for any emissions reductions that might be lost from the removal of Stage II requirements. Modeling studies also show that reductions in nitrogen oxides (NOX) are 10 to 1,000 times more effective than VOC reductions in lowering ozone concentrations in the Richmond-Petersburg area. Therefore, this SIP revision satisfies EPA's requirements regarding the removal of Stage II vapor recovery requirements and § 110(l) of the federal Clean Air Act.

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. DEQ plans 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. All materials received are 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 at http://www.deq.state.va.us/Programs/Air/PublicNotices/airplansandprograms.aspx. 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, and

2) Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA, telephone (804) 527-5020.

Contact Information: Doris A. McLeod, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4197, FAX (804) 698-4510, or email doris.mcleod@deq.virginia.gov.

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on September 9, 2013. 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, 201 North 9th Street, 2nd Floor, Richmond, VA.

Director's Order Number Seventy-Five (13)

Virginia's Instant Game Lottery 1442 "5X the Money" Final Rules for Game Operation (effective September 3, 2013)

Director's Order Number Seventy-Six (13)

Virginia's Instant Game Lottery 1461 "7X the Money" Final Rules for Game Operation (effective September 3, 2013)

Director's Order Number Seventy-Nine (13)

Virginia's "Megaply It!" Consumer Promotion Final Rules for Operation (effective September 3, 2013)

Director's Order Number Eighty (13)

Virginia Lottery's "Mega Millions Subscriptions Giveaway" Sweepstakes Final Rules for Operation (effective September 3, 2013)

Director's Order Number Eighty-Two (13)

"Redskins Game Ticket/Hospitality Tent Chain Account Sales Contests Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Requirements (effective August 27, 2013)

Director's Order Number Eighty-Three (13)

"Simon Malls Employee Promotion" Virginia Lottery Retailer Incentive Program Requirements (effective August 27, 2013)

Director's Order Number Eighty-One (13)

Certain Virginia Instant Game Lotteries; End of Games.

In accordance with the authority granted by §§ 2.2-4002 B 15 and 58.1-4006 A of the Code of Virginia, I hereby give notice that the following Virginia Lottery instant games will officially end at midnight on August 16, 2013:

Game 1162

$120 Million Cash Blowout (TOP)

Game 1229

$200,000 Jackpot (TOP)

Game 1355

10 X the Money (TOP)

Game 1393

Monopoly

Game 1399

5 X the Money (TOP)

Game 1421

Pet Lovers

The last day for lottery retailers to return for credit unsold tickets from any of these games will be September 20, 2013. The last day to redeem winning tickets for any of these games will be February 12, 2014, 180 days from the declared official end of the game. Claims for winning tickets from any of these games will not be accepted after that date. Claims that are mailed and received in an envelope bearing a postmark of the United States Postal Service or another sovereign nation of February 12, 2014, or earlier, will be deemed to have been received on time. This notice amplifies and conforms to the duly adopted State Lottery Board regulations for the conduct of lottery games.

This order is available for inspection and copying during normal business hours at the Virginia Lottery headquarters, 900 East Main Street, Richmond, Virginia, and at any Virginia Lottery regional office. A copy may be requested by mail by writing to Director's Office, Virginia Lottery, 900 East Main Street, Richmond, Virginia 23219.

This Director's Order is effective on the date of its signing and shall remain in full force and effect unless amended or rescinded by further Director's Order.

/s/ Paula I. Otto
Executive Director
August 28, 2013

STATE WATER CONTROL BOARD

Proposed Consent Special Order for B & V Exhaust Systems, Inc.

An enforcement action has been proposed for B & V Exhaust Systems, Inc. for alleged violations that occurred at 3904 D Jefferson Davis Highway, Richmond, VA. The State Water Control Board proposes to issue a consent special order to B & V Exhaust Systems, Inc. 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 at (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from October 7, 2013, to November 8, 2013.

Proposed Consent Order for Tazewell County Public Service Authority

An enforcement action has been proposed for the Tazewell County Public Service Authority for violations in Tazewell County. The proposed consent order addresses violations of the State Water Control Law and VPDES Permit No. VA0064271 at the Claypool Hill 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. Ralph T. Hilt will accept comments by email at ralph.hilt@deq.virginia.gov, FAX at (276) 676-4899, or postal mail at Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, from October 8, 2013, to November 6, 2013.

Public Comment Opportunity - Virginia Stormwater Management Handbook
(2nd Edition, 2013)

The department invites public comment on a final draft of the Virginia Stormwater Management Handbook, 2nd Edition, 2013, (Handbook). This Handbook has been developed over the past few years to provide guidance pertaining to modified Virginia Stormwater Management Program (VSMP) Permit Regulations adopted in October 2011 and required to be implemented beginning on July 1, 2014. The draft Handbook is subdivided into chapters and chapter appendices, each provided as a separate PDF file on the department's Stormwater Management Guidance webpage. The department considers the new Handbook to be a substantial improvement in the level and quality of guidance provided, with many new topics addressed, more and better graphics, and up-to-date site design examples, among other new elements. DEQ is also asking for comments on amending the Virginia Stormwater Management Regulations to incorporate the updated Virginia Runoff Reduction Method (VRRM) Spreadsheet described in Chapter 12 of the draft Handbook. The Virginia Stormwater Management Regulations require using the Virginia Runoff Reduction Method Spreadsheet or other equivalent methodology to determine compliance with water quality design criteria for regulated land-disturbing activities. The current method required by the regulation is dated March 2011. An improved version was completed in spring of 2013, correcting some calculation formula errors and providing a summary tab, simplifying access to the calculated results.

The department will receive comments regarding the draft Handbook and the updated VRRM Spreadsheet for 30 days. Comments must be received by 11:59 p.m. on October 23, 2013. All comments should be sent to the contact listed below.

Contact Information: Scott Crafton, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4082, FAX (804) 698-4032, or email scott.crafton@deq.virginia.gov.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North 9th Street, 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/connect/commonwealth-calendar.

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/documents/cumultab.pdf.

Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works 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

SAFETY AND HEALTH CODES BOARD

Title of Regulation: 16VAC25-175. Federal Identical Construction Industry Standards.

Publication: 30:1 VA.R. 63 September 9, 2013

Correction to Final Regulation:

Page 63, Title of Regulation should read

16VAC25-175. Federal Identical Construction Industry Standards (amending 16VAC25-175-1926.952, 16VAC25-175-1926.1400).

VA.R. Doc. No. R14-3833; Filed September 13, 2013, 11:35 a.m.

STATE WATER CONTROL BOARD

Title of Regulation: 9VAC25-32, Virginia Pollution Abatement (VPA) Permit Regulation.

Publication: 29:24 VA.R. 3085-3236 July 29, 2013

Correction to Final Regulation:

Page 3203, 9VAC25-32-560 B 3 c, change lines 1 and 2 to read:

[ d. Application frequency c. Infrequent application ].

[ (1) ] For infrequent applications, [ Infrequent. ] If biosolids

VA.R. Doc. No. R08-1248; Filed August 28, 2013, 11:26 a.m.