GENERAL NOTICES/ERRATA
STATE AIR POLLUTION CONTROL BOARD
Proposed State Implementation Plan Revision - Revision G13
Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed revision to the Commonwealth of Virginia State Implementation Plan (SIP). The SIP is a 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. The Commonwealth intends to submit the regulation to EPA as a revision to the SIP in accordance with the requirements of § 110(a) of the federal Clean Air Act.
Regulations affected: The regulation of the board affected by this action is Article 6 (9VAC5-80-1100 et seq., Permits for New and Modified Stationary Sources) of 9VAC5-80 (Permits for Stationary Sources), Revision G13.
Purpose of notice: DEQ is seeking comment on the issue of whether the regulation amendments should be submitted as a revision to the SIP.
Public comment period: May 5, 2014, to June 4, 2014.
Public hearing: A public hearing may 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, address, and telephone number 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.
Public comment stage: Because the regulation amendments have been adopted by the board in accordance with the Administrative Process Act and have subsequently become effective, DEQ is accepting comment only on the issue cited above under "purpose of notice" and not on the content of the regulation amendments.
Description of proposal: This amendment revises the definition of "nonroad engine" to be more consistent with a similar federal definition. The definition is expanded to include portable and temporary engines. Federal design standards for internal combustion engines and federal fuel standards are more restrictive than minor new source review (NSR) permit standards for portable and temporary engines used as nonroad engines. Adopting the federal definition of "nonroad engine," which groups portable engines and temporary engines together with other non-mobile engines in that definition, will make it unnecessary to issue minor NSR permits without meaningful additional emission control requirements for those engines. Amending this definition does not increase emissions or otherwise affect air quality.
Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law. 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 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 materials received are part of the public record.
To review regulation documents: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website: 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, 8th Floor, 629 East Main Street, Richmond, VA, telephone (804) 698-4070;
2) Southwest Regional Office, 355 Deadmore Street, Abingdon, VA, telephone (276) 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 (434) 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 Boulevard, Virginia Beach, VA, telephone (757) 518-2000.
Contact Information: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.
Total Maximum Daily Load Implementation Plan for Tye River Watershed in Nelson and Amherst Counties
The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of a total maximum daily load (TMDL) implementation plan for the Tye River watershed in Nelson and Amherst Counties. The Tye River and its tributaries, Piney River, Hat Creek, and Rucker Run were first listed as impaired on the Virginia's § 303(d) TMDL Priority List and Report due to violations of the state's water quality standard for bacteria in 2004 (Hat Creek and Rucker Run), 2006 (Tye River), and 2008 (Piney Creek). The creeks have remained on the § 303(d) list for these impairments since then. The impaired segment of the Tye River extends from its confluence with the Piney River to its confluence with the James River (15.94 miles), while Hat Creek and Rucker Run are designated as impaired from their headwaters to their confluence with the Tye River, 9.58 miles and 18.26 miles respectively. The impaired segment of the Piney River extends 13.3 miles upstream from its confluence with the Tye River.
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. In addition, § 62.1-44.19:7 C of the Code of Virginia requires the development of an implementation plan (IP) for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and their associated costs, benefits, and environmental impacts. Bacteria TMDLs were completed by DEQ for the Tye River and its tributaries in June 2013, and were approved by the Environmental Protection Agency in September 2013. The TMDL report is available for review on the DEQ website at www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.
Development of the TMDL implementation plan began in November 2013.
The second and final public meeting on the development of this TMDL implementation plan will be held on May 15, 2014, from 7 p.m. to 9 p.m. at the Massie's Mill Ruritan Hall, 5439 Patrick Henry Highway, Roseland, VA. The meeting will include an ice cream social, sponsored by the Thomas Jefferson Soil and Water Conservation District and the Chesapeake Bay Foundation. The implementation plan will be available on the DEQ website the day after the meeting for public comment: http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.
The public comment period for the implementation plan will end on June 16, 2013. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Nesha McRae, Department of Environmental Quality, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7850 or emailed to nesha.mcrae@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 April 15, 2014. 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 Three (14)
"Mega Power Grocery Sweepstakes Promotion" Virginia Lottery Final Rules for Game Operation (effective June 1, 2014)
Director's Order Number Forty-Six (14)
Virginia's Instant Game Lottery 1470 "The Venetian" Final Rules for Game Operation (effective March 13, 2014)
Director's Order Number Fifty-Eight (14)
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 April 11, 2014:
| Game 1301 | SIZZLING 7'S |
| Game 1320 | QUEEN OF HEARTS |
| Game 1328 | Jewel 7's |
| Game 1345 | BLACK GOLD |
| Game 1357 | BLACKJACK |
| Game 1362 | HOT CARD |
| Game 1367 | $150,000 GRAND |
| Game 1370 | 10X The Money |
| Game 1381 | HIT $500 |
| Game 1382 | Electric 7's |
| Game 1391 | MONEY IN THE BANK |
| Game 1397 | 20 X The Money |
| Game 1400 | 7-11-21 |
| Game 1408 | SAFE CRACKER |
| Game 1425 | 5 X The Money |
| Game 1435 | ZOMBIES |
| Game 1436 | $25 Grand |
| Game 1438 | TIC TAC SNOW |
| Game 1461 | 7 X THE MONEY |
| Game 1463 | $5000 PAY DAY |
The last day for lottery retailers to return for credit unsold tickets from any of these games will be May 30, 2014. The last day to redeem winning tickets for any of these games will be October 8, 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 October 8, 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 becomes 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
April 9, 2014
STATE WATER CONTROL BOARD
Periodic Review and Small Business Impact Review
Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Environmental Quality on behalf of the State Water Control Board is conducting a periodic review and small business impact review of 9VAC25-650, Closure Plans and Demonstration of Financial Capability. The review of this regulation will be guided by the principles in Executive Order 14 (2010).
The purpose of this review is to determine whether this regulation should be repealed, 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 May 5, 2014, and ends on May 27, 2014.
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 Melissa Porterfield, Office of Regulatory Affairs, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4346, or email melissa.porterfield@deq.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 both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.
Proposed Consent Order for George's Foods, LLC
An enforcement action has been proposed for George's Foods, LLC, for violations in Rockingham County. A proposed consent order describes a settlement to resolve an unpermitted discharge violation from George's Foods' Harrisonburg pretreatment facility. 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 at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, 4411 Early Road, Harrisonburg, VA 22801, from May 5, 2014, to June 4, 2014.
Proposed Consent Special Order for Iluka Resources, Inc. at Brink Mine, Greensville County
An enforcement action has been proposed for Iluka Resources, Inc. for alleged violations at Brink Mine, Greensville County, VA. The State Water Control Board proposes to issue a consent special order to Iluka Resources, Inc. 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 May 5, 2014, to June 6, 2014.
Proposed Consent Special Order for Iluka Resources, Inc. at Concord Concentrator, Sussex County
An enforcement action has been proposed for Iluka Resources, Inc. for alleged violations at Concord Concentrator, Sussex County, VA. The State Water Control Board proposes to issue a consent special order to Iluka Resources, Inc. 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 May 5, 2014, to June 6, 2014.
Proposed Enforcement Action for Madera Farm, LLC
An enforcement action has been proposed for Madera Farm, LLC, for violations in Prince William County. The violations include the unauthorized fill of surface waters without a permit. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Sarah Baker will accept comments by email at sarah.baker@deq.virginia.gov, FAX at (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from May 6, 2014, through June 7, 2014.
Proposed Consent Order for Trowbridge Steel Company, Inc.
An enforcement action has been proposed for Trowbridge Steel Company, Inc. for violations of the State Water Control law and regulations in Sterling, Virginia. The consent order describes a settlement to resolve violations associated with VPDES Permit No. VAR050906. 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 at (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from May 6, 2014, through June 5, 2014.
Proposed Special Order for Yard Works, LLC
An enforcement action has been proposed for Yard Works, LLC for alleged violations at the facility located at 20701 Hull Street Road, Moseley, VA. The enforcement action requires corrective action and payment of a civil charge. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at frank.lupini@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 May 5, 2014, to June 5, 2014.
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
BOARD OF HOUSING AND COMMUNITY DEVELOPMENT
Title of Regulation: 13VAC5-31. Virginia Amusement Device Regulations.
Publication: 30:16 VA.R. 2022-2027 April 7, 2014.
Correction to Final Regulation:
Page 2025, 13VAC5-31-75 D, line 5, after "Commonwealth" insert "either a six-month period for small mechanical rides or" and line 6, after "period" insert "for inflatable amusement devices"
VA.R. Doc. No. R12-3160; Filed April 22, 2014, 12:07 p.m.
Title of Regulation: 13VAC5-63. Virginia Uniform Statewide Building Code.
Publication: 30:16 VA.R. 2071-2232 April 7, 2014.
Correction to Final Regulation:
Page 2172, 13VAC5-63-240 E, inside the bracket, replace subsection E in its entirety with the following:
E. Change Section 903.2.6 to read:
903.2.6 Group I. An automatic sprinkler system shall be provided throughout all buildings with a Group I fire area.
Exceptions:
1. An automatic sprinkler system installed in accordance with Section 903.3.1.2 shall be permitted in Group I-1 Condition 1 facilities.
2. An automatic sprinkler system is not required where Group I-4 day care facilities are at the level of exit discharge and where every room where care is provided has at least one exit door.
3. In buildings where Group I-4 day care is provided on levels other than the level of exit discharge, an automatic sprinkler system in accordance with Section 903.3.1.1 shall be installed on the entire floor where care is provided and all floors between the level of care and the level of exit discharge and all floors below the level of exit discharge, other than areas classified as an open parking garage.
4. An automatic sprinkler system shall not be required for open-sided or chain link-sided buildings and overhangs over exercise yards 200 square feet (18.58 m2) or less in Group I-3 facilities, provided such buildings and overhangs are of noncombustible construction.
VA.R. Doc. No. R12-3159; Filed April 18, 2014, 1:14 p.m.