GENERAL NOTICES
Vol. 30 Iss. 26 - August 25, 2014

GENERAL NOTICES/ERRATA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Total Maximum Daily Load for Accotink Creek and Long Branch in Fairfax County

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of total maximum daily loads (TMDLs) for Accotink Creek and Long Branch in the Accotink Creek Watershed in Fairfax County. These streams are listed on the 2012 § 303(d) TMDL Priority List and Report as impaired due to violations of the state's water quality standards for the aquatic life use due to poor health of the benthic macroinvertebrate communities.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the State Water Control Law require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report.

Stream Name

Location

Impairment

Length (miles)

Upstream Limit

Down-stream Limit

Accotink Creek

Fairfax County

Aquatic Life Use

Benthic Macroinverte-brates

9.92

Lake Accotink

Tidal waters of Accotink Bay

Accotink Creek

City of Fairfax

Fairfax County

Aquatic Life Use

Benthic Macroinverte-brates

6.2

Headwaters of Accotink Creek

Lake Accotink

Long Branch

Fairfax County

Aquatic Life Use

Benthic Macroinverte-brates

2.24

Unnamed tributary at the Route 651 bridge

Accotink Creek

The first public meeting on the development of the TMDL to address the benthic impairments for these segments will be held on Wednesday, September 10, 2014, 6 p.m., Kings Park Library, Meeting Room, 9000 Burke Lake Road, Burke, VA 22015-1683.

In case of inclement weather, the alternate meeting date is Monday, September 29, 2014, 6 p.m., Kings Park Library, Meeting Room, 9000 Burke Lake Road, Burke, VA 22015-1683.

The public comment period will begin September 10, 2014, and end Friday, October 10, 2014. An advisory committee to assist in development of this TMDL is scheduled to convene Tuesday, August 26, 2014.

A component of a TMDL is the wasteload allocations (WLAs); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Virginia Administrative Process Act for any future adoption of the TMDL's associated WLAs.

Information on the development of the TMDLs for the impairments is available upon request. Questions or information requests should be addressed to the DEQ contact person listed below. Please note, all written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Jennifer Carlson, Virginia Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3859, or email jennifer.carlson@deq.virginia.gov.

Public Comment Period for Revised Draft Water Quality Restoration Study (TMDL) for the James River and Tributaries in Henrico, Prince George, Charles City, and Surry Counties

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) is announcing a revised draft total maximum daily load (TMDL) study to restore water quality for the James River and its tributaries in Henrico, Prince George, Charles City, and Surry Counties. DEQ invites the public to share its knowledge of the watershed and learn about pollution affecting community waters. The TMDL document includes an executive summary of information on watershed land use, water quality monitoring data, suspected sources of bacteria, and the reduction of source bacteria required to meet water quality standards.

Description of study: Virginia agencies have been working to identify sources of bacteria in the James River and its tributaries:

Stream

County/City

Length (mi.)

Impairment

Crewes Channel

Henrico

3.19

Bacteria

(Primary Contact / Swimming Use)

Western Run

Henrico

1.85

West Run

Charles City

1.86

Wards Creek

Prince George

8.47

Upper Chippokes Creek

Prince George, Surry

5.61

James River (mainstem)

Prince George, Charles City, Surry

3.76
(sq. miles)

The above streams failed to meet the primary contact (recreational or swimming) designated use, due to high concentrations of bacteria. The study reports on the sources of bacteria and recommends total maximum daily loads, or TMDLs, for 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, bacterial levels need to be reduced to the TMDL amount. The draft TMDL report will be available at http://www.deq.virginia.gov/Programs/Water/WaterQuality
InformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx
on August 25, 2014, for review. A public meeting was held for the original draft TMDL document in August 2013. Subsequent revisions were made to the reduction scenarios that will allow for greater flexibility during implementation of best management practices.

How a decision is made: After public comments have been considered and addressed, DEQ will submit the final TMDL report to the U.S. Environmental Protection Agency and the State Water Control Board for approval.

How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include name, address and telephone number and be received by DEQ during the comment period, which begins August 25, 2014, and ends September 25, 2014.

Contact for additional information: Margaret Smigo, TMDL Coordinator, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 527-5124, FAX (804) 527-5106, or email margaret.smigo@deq.virginia.gov.

STATE COUNCIL OF HIGHER EDUCATION FOR VIRGINIA

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Council of Higher Education for Virginia is conducting a periodic review and small business impact review of 8VAC40-130, Virginia Student Financial Assistance Program Regulations, and 8VAC40-150, Virginia Two-Year College Transfer Grant Program Regulations.

The review of these regulations will be guided by the principles in Executive Order 17 (2014). http://dpb.virginia.gov/regs/EO17.pdf.

The purpose of this review is to determine whether these regulations should be repealed, amended, or retained in their current form. Public comment is sought on the review of any issue relating to these regulations, 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 25, 2014, and ends September 15, 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 Wyatt, Senior Associate for Financial Aid, 101 North 14th Street, Richmond, VA 23219, telephone (804) 225-4113, FAX (804) 225-2604, or email melissacollumwyatt@schev.edu.

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.

STATE WATER CONTROL BOARD

Proposed Consent Order for BVU Authority

An enforcement action has been proposed for the BVU Authority for violations in the City of Bristol, Virginia. The proposed consent order describes a settlement for a sewage overflow from a collection system manhole that reached state waters and resulted in a fish kill. 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 August 26, 2014, to September 24, 2014.

Proposed Enforcement Action for International Paper Company

An enforcement action has been proposed for International Paper Company for violations of the State Water Control Law in Franklin, Virginia. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. John Brandt will accept comments by email at john.brandt@deq.virginia.gov, FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from August 25, 2014, to September 17, 2014.

Proposed Enforcement Action for City of Williamsburg

An enforcement action has been proposed for City of Williamsburg for violations of the State Water Control Law in Williamsburg, Virginia. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. John Brandt will accept comments by email at john.brandt@deq.virginia.gov, FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from August 25, 2014, to September 17, 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: 13VAC5-63. Virginia Uniform Statewide Building Code.

Publication: 30:16 VA.R. 2071-2232 April 7, 2014.

Correction to Final Regulation:

Page 2204, 13VAC5-63-320 B 20, first sentence:

delete "[ and add Section 1303.11 ]"

after "subsections," replace "to" with "[ to of ]"

after "read" add "[ as follows and delete Section 1303.11 ]"

VA.R. Doc. No. R12-3159; Filed August 4, 2014, 3:38 p.m.