GENERAL NOTICES
Vol. 33 Iss. 6 - November 14, 2016

AIR POLLUTION CONTROL BOARD

State Implementation Plan Revision - Commercial/Industrial/Solid Waste Incinerators (Revision F16)

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's § 111(d)/129 plan for commercial/industrial solid waste incinerators (CISWIs). A § 111(d)/129 plan is developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean Air Act to implement and enforce emissions guidelines for solid waste incineration units. The Commonwealth intends to submit the plan to the U.S. Environmental Protection Agency (EPA) in accordance with the requirements of the federal Clean Air Act.

Regulations affected: The regulations of the board affected by this action are as follows: 9VAC5-20-21, Documents incorporated by reference, of 9VAC5-20 (General Provisions); and Article 45, Emission Standards for Commercial/Industrial Solid Waste Incinerators (Rule 4-45), (9VAC5-40-6250 et seq.) of 9VAC5-40 Existing Stationary Sources (Revision F16).

Purpose of notice: DEQ is seeking comment on the overall plan, and on the issue of whether any regulations or inventory information included in the plan should be submitted to EPA as part of the plan.

Public comment period: November 14, 2016 to December 15, 2016.

Public hearing: A public hearing will be held in the eighth floor conference room, Department of Environmental Quality, 629 East Main Street, Richmond, Virginia, at 10:00 a.m. on December 14, 2016, to accept comments concerning the proposed plan. Using the procedures explained below, DEQ will also accept written comments through December 15, 2016.

Public comment stage: The public comment period and hearing are being conducted to satisfy the public participation requirements of federal regulations of 40 CFR 60.23(c) and (d). The regulations included in this plan have been adopted by the State Air Pollution Control Board in accordance with the Code of Virginia and with public participation as required by the Code of Virginia, the federal Clean Air Act, and the Code of Federal Regulations. Because the regulations have been adopted, DEQ is accepting comment only on the issues cited above and not on the content of the regulations.

Description of proposal: EPA amended the designated pollutant emission guidelines for CISWIs on June 23, 2016 (81 FR 40956). In order to implement the guidelines, it was necessary for Virginia to amend the state regulation (Rule 4-45) containing the federal provisions, and to update the most current version of 40 CFR Part 60 listed in 9VAC5-20-21, Documents incorporated by reference. In addition to affected regulations, the proposed plan revision contains an updated inventory of affected facilities.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations and not any provision of state law. The proposal will be submitted as a § 111(d)/129 plan revision under §§ 111(d) and 129 of the federal Clean Air Act in accordance with 40 CFR 60.23(c) and (d). It is planned to submit all provisions of the proposal as a Commonwealth of Virginia § 111(d)/129 plan with the exception of state-only enforceable provisions, which are specifically identified in the plan.

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 must be received by DEQ by the last day of the comment period. 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 materials received are part of the public record.

To review plan documents: The proposal is available on the DEQ Air Public Notices for Plans website at http://www.deq.virginia.gov/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 Department of Environmental Quality, Main Street Office, 8th Floor, 629 East Main Street, Richmond, VA, telephone (804) 698-4070.

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.

STATE CORPORATION COMMISSION

Order for Notice and Comment

JOINT PETITION OFVIRGINIA ELECTRIC AND POWER COMPANY
d/b/a DOMINION VIRGINIA POWER,
APPALACHIAN POWER COMPANY,
KENTUCKY UTILITIES COMPANY
d/b/a OLD DOMINION POWER COMPANY,
A&N ELECTRIC COOPERATIVE,
BARC ELECTRIC COOPERATIVE,
CENTRAL VIRGINIA ELECTRIC COOPERATIVE,
COMMUNITY ELECTRIC COOPERATIVE,
CRAIG-BOTETOURT ELECTRIC COOPERATIVE,
MECKLENBURG ELECTRIC COOPERATIVE,
NORTHERN NECK ELECTRIC COOPERATIVE,
NORTHERN VIRGINIA ELECTRIC COOPERATIVE,
PRINCE GEORGE ELECTRIC COOPERATIVE,
RAPPAHANNOCK ELECTRIC COOPERATIVE,
SHENANDOAH VALLEY ELECTRIC COOPERATIVE,
SOUTHSIDE ELECTRIC COOPERATIVE, and
VIRGINIA, MARYLAND & DELAWARE ASSOCIATION OF ELECTRIC COOPERATIVES

For Rulemaking for the Limited Purpose of Modifying the Serious Medical Condition Certification Form pursuant to Rule 20 VAC 5-330-30

 

 

 

 

 

 

 

 

 

 

 

 

CASE NO. PUE-2016-00110

ORDER FOR NOTICE AND COMMENT

On September 23, 2016, Virginia Electric and Power Company d/b/a Dominion Virginia Power, Appalachian Power Company, Kentucky Utilities Company d/b/a Old Dominion Power Company, A&N Electric Cooperative, BARC Electric Cooperative, Central Virginia Electric Cooperative, Community Electric Cooperative, Craig-Botetourt Electric Cooperative, Mecklenburg Electric Cooperative, Northern Neck Electric Cooperative, Northern Virginia Electric Cooperative, Prince George Electric Cooperative, Rappahannock Electric Cooperative, Shenandoah Valley Electric Cooperative, Southside Electric Cooperative, and Virginia, Maryland & Delaware Association of Electric Cooperatives (collectively, "Petitioners"), filed a Joint Petition for Rulemaking ("Joint Petition") with the State Corporation Commission ("Commission").1 The Petitioners request that the Commission initiate a rulemaking for the limited purpose of modifying the Serious Medical Condition Certification Form ("Form SMCC"), which was included in the adoption of 20 VAC 5-330-30 B of the Commission's regulations titled "Limitations on Disconnection of Electric and Water Service"2 ("Rules") in 2011.3

Form SMCC enables the Petitioners to be aware of residential customers who have a serious medical condition(s) or who reside with a family member with a serious medical condition(s), as defined by Rule 20 VAC 5-330-20, particularly with regard to emergencies and the termination or disconnection of electric service for such customers. Form SMCC requires certification by a licensed physician that the medical condition meets the definition of a "serious medical condition" in Rule 20 VAC 5-330-20. The Petitioners utilize the Form SMCC provided on the Commission's website but request in the Joint Petition that the Commission approve certain non-substantive modifications to Form SMCC to "make the form more user-friendly for utility customers and their physician(s) and provide more useful information to a utility carrying out its service to the public including customers with serious medical conditions."4 Specifically, the Petitioners propose the following modifications: (1) add a separate description box specific to the "Required Treatment for Condition" section of Form SMCC; (2) add a checklist to the description box for equipment prescribed for the serious medical condition, and change that description box to state "Equipment prescribed and/or equipment required for treatment of condition (If any): (Check all that apply)"; and (3) delete the "Additional Comments" box on the bottom of Form SMCC.5 The Petitioners assert that the proposed modifications to Form SMCC ("Proposed Form SMCC") are "consistent with and continue[ ] to meet the requirements of the [Rules]."6

NOW UPON CONSIDERATION of the Joint Petition, the Commission is of the opinion and finds that the Joint Petition should be docketed; that the Petitioners should give notice to the public of the Joint Petition's proposed modifications to Form SMCC; and that interested persons should have an opportunity to comment and/or request a hearing on the Joint Petition's proposed modifications to Form SMCC. We further find that it is not necessary to initiate a rulemaking for the limited purpose of modifying Form SMCC since the Petitioners have not proposed changes to the underlying regulations, but we will direct that a copy of this Order and the Proposed Form SMCC, attached to this Order as Attachment A, be sent to the Registrar of Regulations for publication in the Virginia Register.

Accordingly, IT IS ORDERED THAT:

(1) This matter is docketed and assigned Case No. PUE-2016-00110.

(2) The Commission's Division of Information Resources shall forward a copy of this Order for Notice and Comment, including a copy of Proposed Form SMCC, to the Registrar of Regulations for publication in the Virginia Register.

(3) The Petitioners shall promptly make a copy of the Joint Petition and Proposed Form SMCC available to the public, who may obtain a copy of the Joint Petition and Proposed Form SMCC at no charge by requesting a copy of the same in writing from the coordinating counsel for the Petitioners: Anne Flampton Andrews, Esquire, McGuireWoods LLP, Gateway Plaza, 800 East Canal Street, Richmond, Virginia 23219. Customers of the Petitioners may also request a copy from their individual electric utility. The Joint Petition and related documents shall also be available for interested persons to review in the Commission's Document Control Center, Tyler Building, First Floor, 1300 East Main Street, Richmond, Virginia 23219, between the hours of 8:15 a.m. and 5 p.m., Monday through Friday, excluding holidays. Interested persons may also download unofficial copies from the Commission's website: http://www.scc.virginia.gov/case.

(4) On or before November 9, 2016, the Petitioners shall cause the following notice to be published as display advertising (not classified) on one (1) occasion in newspapers of general circulation throughout the Commonwealth of Virginia:

NOTICE TO THE PUBLIC OF A JOINT PETITION TO ESTABLISH A RULEMAKING FOR THE LIMITED PURPOSE OF MODIFYING THE SERIOUS MEDICAL CONDITION CERTIFICATION FORM PURSUANT TO RULE 20 VAC 5-330-30 OF THE RULES OF THE STATE CORPORATION COMMISSION OF VIRGINIA CASE NO. PUE-2016-00110

On September 23, 2016, Virginia Electric and Power Company d/b/a Dominion Virginia Power, Appalachian Power Company, Kentucky Utilities Company d/b/a Old Dominion Power Company, A&N Electric Cooperative, BARC Electric Cooperative, Central Virginia Electric Cooperative, Community Electric Cooperative, Craig-Botetourt Electric Cooperative, Mecklenburg Electric Cooperative, Northern Neck Electric Cooperative, Northern Virginia Electric Cooperative, Prince George Electric Cooperative, Rappahannock Electric Cooperative, Shenandoah Valley Electric Cooperative, Southside Electric Cooperative, and Virginia, Maryland & Delaware Association of Electric Cooperatives (collectively, "Petitioners"), filed a Joint Petition for Rulemaking ("Joint Petition") with the State Corporation Commission ("Commission"). The Petitioners request that the Commission initiate a rulemaking for the limited purpose of modifying the Serious Medical Condition Certification Form ("Form SMCC"), which was included in the adoption of 20 VAC 5-330-30 B of the Commission's regulations titled "Limitations on Disconnection of Electric and Water Service" ("Rules"), 20 VAC 5-330-10 et seq. in 2011.

Form SMCC enables the Petitioners to be aware of residential customers who have a serious medical condition(s) or who reside with a family member with a serious medical condition(s), as defined by Rule 20 VAC 5-330-20, particularly with regard to emergencies and the termination or disconnection of electric service for such customers. Form SMCC requires certification by a licensed physician that the medical condition meets the definition of a "serious medical condition" in Rule 20 VAC 5-330-20. The Petitioners utilize the Form SMCC provided on the Commission's website but request in the Joint Petition that the Commission approve certain non-substantive modifications to Form SMCC to "make the form more user friendly for utility customers and their physician(s) and provide more useful information to a utility carrying out its service to the public including customers with serious medical conditions." Specifically, the Petitioners propose the following modifications: (1) add a separate description box specific to the "Required Treatment for Condition" section of Form SMCC; (2) add a checklist to the description box for equipment prescribed for the serious medical condition, and change that description box to state "Equipment prescribed and/or equipment required for treatment of condition (If any): (Check all that apply)"; and (3) delete the "Additional Comments" box on the bottom of Form SMCC. The Petitioners assert that the proposed modifications to Form SMCC ("Proposed Form SMCC") are "consistent with and continue[] to meet the requirements of the [Rules]."

The Commission entered an Order for Notice and Comment that, among other things, docketed the Joint Petition, directed the Petitioners to provide notice to the public and provided interested persons an opportunity to comment and/or request a hearing on the Joint Petition and Proposed Form SMCC.

A copy of the Company's Joint Petition and Proposed Form SMCC may be obtained at no charge by requesting a copy of the same from the coordinating counsel for the Petitioners: Anne Hampton Andrews, Esquire, McGuire Woods LLP, Gateway Plaza, 800 East Canal Street, Richmond, Virginia 23219. Customers of the Petitioners may also request a copy from their individual electric utility. The Joint Petition and related documents shall also be available for review in the Commission's Document Control Center, Tyler Building, First Floor, 1300 East Main Street, Richmond, Virginia 23219, between the hours of 8:15 a.m. and 5 p.m., Monday through Friday, excluding holidays. Interested persons may also download unofficial copies from the Commission's website: http://www.scc.virginia.gov/case.

On or before November 30, 2016, interested persons may file comments concerning whether the Commission should modify Form SMCC as requested in the Joint Petition. Such comments shall be filed with Joel H. Peck, Clerk, State Corporation Commission, P.O. Box 2118, Richmond, Virginia 23218, or may be submitted electronically by following the instructions on the Commission's website: http://www.scc.virginia.gov/case. Compact disks or any other form of electronic storage medium may not be filed with the comments. All such comments shall refer to Case No. PUE-2016-00110.

On or before November 30, 2016, interested persons may request that the Commission convene a hearing on the Joint Petition's proposed modifications to Form SMCC. Such request for hearing shall be filed with the Clerk of the Commission. If not filed electronically, an original and fifteen (15) copies of the request for hearing shall be submitted to the Clerk of the Commission at the address set forth above. Requests for hearing must refer to Case No. PUE-2016-00110 and include: (i) a precise statement of the filing party's interest in the proceeding; (ii) a statement of the specific action sought to the extent then known; (iii) a statement of the legal basis for such action; and (iv) a precise statement why a hearing should be conducted in this matter.

A copy of any written comments and requests for hearing shall simultaneously be sent to the coordinating counsel for the Petitioners at the address set forth above.

VIRGINIA ELECTRIC AND POWER COMPANY d/b/a DOMINION VIRGINIA POWER, APPALACHIAN POWER COMPANY, KENTUCKY UTILITIES COMPANY d/b/a OLD DOMINION POWER COMPANY, A&N ELECTRIC COOPERATIVE,
BARC ELECTRIC COOPERATIVE, CENTRAL VIRGINIA ELECTRIC COOPERATIVE, COMMUNITY ELECTRIC COOPERATIVE, CRAIG-BOTETOURT ELECTRIC COOPERATIVE, MECKLENBURG ELECTRIC COOPERATIVE, NORTHERN NECK ELECTRIC COOPERATIVE, NORTHERN VIRGINIA ELECTRIC COOPERATIVE, PRINCE GEORGE ELECTRIC COOPERATIVE, RAPPAHANNOCK ELECTRIC COOPERATIVE, SHENANDOAH VALLEY ELECTRIC COOPERATIVE, SOUTHSIDE ELECTRIC COOPERATIVE, and VIRGINIA, MARYLAND & DELAWARE ASSOCIATION OF ELECTRIC COOPERATIVES

(5) On or before November 9, 2016, the Petitioners shall serve a copy of this Order and Proposed Form SMCC upon the individuals and entities listed in Attachment B hereto.

(6) On or before November 30, 2016, the Petitioners shall provide the Commission with the proof of notice and service required by Ordering Paragraphs (4) and (5).

(7) On or before November 30, 2016, interested persons may file comments concerning whether the Commission should modify Form SMCC as requested in the Joint Petition. Such comments shall be filed with Joel H. Peck, Clerk, State Corporation Commission, P.O. Box 2118, Richmond, Virginia 23218, or may be submitted electronically by following the instructions found on the Commission's website: http://www.scc.virginia.gov/case. Compact disks or any other form of electronic storage medium may not be filed with the comments. Comments shall refer to Case No. PUE-2016-00110.

(8) On or before November 30, 2016, interested persons may request that the Commission convene a hearing on the Joint Petition's proposed modifications to Form SMCC. Such request for hearing shall be filed with the Clerk of the Commission. If not filed electronically, an original and fifteen (15) copies of the request for hearing shall be submitted to the Clerk of the Commission at the address set forth in Ordering Paragraph (7). Requests for hearing must refer to Case No. PUE-2016-00110 and include: (i) a precise statement of the filing party's interest in the proceeding; (ii) a statement of the specific action sought to the extent then known; (iii) a statement of the legal basis for such action; and (iv) a precise statement why a hearing should be conducted in this matter.

(9) A copy of any written comments and requests for hearing shall simultaneously be sent to the coordinating counsel for the Petitioners at the address set forth in Ordering Paragraph (3).

(10) On or before December 14, 2016, the Staff shall file with the Clerk of the Commission a statement of position regarding the proposed modifications to Form SMCC.

(11) On or before January 6, 2017, the Petitioners may file with the Clerk of the Commission any response in rebuttal to the Staff statement of position, requests for hearing, and any comments filed by interested persons in this proceeding.

(12) This matter is continued generally pending further order of the Commission.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to: Horace P, Payne, Jr., Esquire, Dominion Resources Services, Inc., 120 Tredegar Street, Richmond, Virginia 23219; Vishwa B. Link, Esquire, and Anne Hampton Andrews, Esquire, McGuire Woods LLP, Gateway Plaza, 800 East Canal Street, Richmond, Virginia 23219-3916; Noelle J. Coates, Esquire, American Electric Power Service Corporation, 3 James Center, 1051 East Cary Street, Suite 1100, Richmond, Virginia 23219; Kendrick R. Riggs, Esquire, Stoll Keenon Ogden PLLC, 2000 PNC Plaza, 500 West Jefferson Street, Louisville, Kentucky 40202-2828; Allyson K. Sturgeon, Esquire, Senior Corporate Attorney, LG&E and KU Energy Corp., 220 West Main Street, Louisville, Kentucky 40202; Samuel R. Brumberg, Esquire, Association Counsel, Virginia, Maryland & Delaware Association of Electric Cooperatives, 4201 Dominion Boulevard, Suite 101, Glen Allen, Virginia 23060; and C. Meade Browder, Jr., Senior Assistant Attorney General, Division of Consumer Counsel, Office of the Attorney General, 202 North Ninth Street, Richmond, Virginia 23219; and a copy shall be delivered to the Commission's Office of General Counsel and Divisions of Energy Regulation and Utility Accounting and Finance.

__________________________

1 On October 5, 2016, the Petitioners filed a revised Attachment B and Paragraph 30 of the Joint Petition to clarify the proposed modifications to Form SMCC.

2 20 VAC 5-330-10 through 20 VAC 5-330-50.

3 Commonwealth of Virginia, ex rel. State Corporation Commission, Ex Parte: In re: Establishing rules providing limitations on disconnection of electric and water service for persons with serious medical conditions, Case No. PUE-2011-00060, 2011 S.C.C. Ann. Rept. 511, Order Adopting Regulations (Oct. 18, 2011).

4 Joint Petition at 11.

5 Id. at 11-12 and Attachment B (revised October 5, 2016).

6 Id. at 11.

 



DEPARTMENT OF ENVIRONMENTAL QUALITY

SolUnesco LLC - Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Albemarle County

SolUnesco LLC has provided a notice of intent to the Department of Environmental Quality of its intention to submit the necessary documentation for a permit by rule for a renewable energy project (solar) in Charlottesville, Albemarle County, Virginia, pursuant to 9VAC15-60. SolUnesco and Sol Systems are developing a 14-megawatt direct current, 11-megawatt alternating current (39,216 360-watt modules) solar farm located in Charlottesville, Albemarle County, Virginia. The system will be a ground-mounted array covering approximately 70.54 acres.

Contact Information: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

SolUnesco LLC - Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Caroline County

SolUnesco LLC has provided a notice of intent to the Department of Environmental Quality of its intention to submit the necessary documentation for a permit by rule for a renewable energy project (solar) in Woodford, Caroline County, Virginia, pursuant to 9VAC15-60. SolUnesco and Sol Systems are developing a 20-megawatt direct current, 15-megawatt alternating current (54,739 360-watt modules) solar farm located in Woodford, Carolina County, Virginia. The system will be a ground-mounted array covering approximately 89.55 acres.

Contact Information: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

SolUnesco LLC - Notice of Intent for Small Renewable Energy (Solar ) Project Permit by Rule - Henry County

SolUnesco LLC has notified the Department of Environmental Quality of its intent to submit the necessary documentation for a permit by rule for a small solar renewable energy project in Axton, Henry County, Virginia, pursuant to 9VAC15-60.

SolUnesco and Sol Systems are developing a 23-megawatt direct current, 20-megawatt alternating current (64,182 360-watt modules) solar farm located in Axton, Henry County, Virginia. The system will be a ground-mounted array covering approximately 120.16 acres.

Contact Information: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

SolUnesco LLC - Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Orange County

SolUnesco LLC has provided a notice of intent to the Department of Environmental Quality of its intention to submit the necessary documentation for a permit by rule for a renewable energy project (solar) in Locust Grove, Orange County, Virginia, pursuant to 9VAC15-60. SolUnesco and Sol Systems are developing an 80-megawatt direct current, 61.5-megawatt alternating current (222,224 360-watt modules) solar farm located in Locust Grove, Orange County, Virginia. The system will be a ground-mounted array covering approximately 397.6 acres.

Contact Information: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

SunPower Corporation - Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Southampton County

SunPower Corporation has notified the Department of Environmental Quality that it intends to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Southampton County, Virginia. The project will consist of a photovoltaic solar facility of up to 91 megawatts of capacity on approximately 525 acres of land. The proposed site is situated south and west of Southampton Parkway, east of Smiths Ferry Road, and north of farms that border Brooks Road; approximately 1.5 miles south of Franklin. When fully commissioned the facility will have approximately 290,000 solar panels.

Contact Information: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on October 26, 2016. The orders may be viewed at the Virginia Lottery, 900 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 201 North 9th Street, 2nd Floor, Richmond, Virginia.

Director's Order Number Ninety-Eight (16)

Final Rules for Operation: "Subscription Program" for Certain Virginia Lottery Computer-Generated Games (effective with subscriptions purchased on or after October 31, 2016)

Director's Order Number One Hundred Fifty-Five (16)

Virginia Lottery's Computer-Generated Game "Virginia's New Year's Millionaire Raffle" Final Rules for Game Operation (effective November 1, 2016)

Director's Order Number One Hundred Fifty-Six (16)

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 October 21, 2016:

Game 1656

Fast $50s (TOP)

Game 1654

2X The Money (TOP)

Game 1651

5X The Money

Game 1636

Cupcake Cash

Game 1634

Double Shot Crossword

Game 1630

Lucky $50s (TOP)

Game 1625

Neon 9s

Game 1623

Casino Thrills (TOP)

Game 1611

Cash Vault

Game 1607

Rolling Dice (TOP)

Game 1601

Dogs Playing Poker

Game 1589

Lucky Lines

Game 1584

$1,000 Frenzy

Game 1568

On The Money (TOP)

Game 1557

20X The Money (TOP)

Game 1535

Triple Black Cherry

Game 1514

Blackjack

Game 1501

Gold (TOP)

Game 1417

Millions To The Max (TOP)

The last day for lottery retailers to return for credit unsold tickets from any of these games will be December 9, 2016. The last day to redeem winning tickets for any of these games will be April 19, 2017, 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 April 19, 2017, 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 October 17, 2016, and shall remain in full force and effect unless amended or rescinded by further Director's Order.

BOARD OF PHARMACY

Scheduling of Chemicals

Pursuant to § 54.1-3443 D of the Code of Virginia, the Board of Pharmacy is giving notice that it will consider placement of chemical substances in Schedule I of the Drug Control Act. A public hearing will be conducted at 9:00 a.m. on December 12, 2016, at the Perimeter Center, 9960 Mayland Drive, Suite 201, Richmond, VA 23233. Public comment may also be submitted electronically or in writing prior to December 1, 2016, to Caroline Juran, Executive Director of the Board of Pharmacy to caroline.juran@dhp.virginia.gov.

As specified in § 54.1-3443, the Virginia Department of Forensic Science (DFS) has identified eight compounds for recommended inclusion by the Board of Pharmacy into Schedule I in the Code of Virginia. A brief description and chemical name for each compound is as follows:

The following compounds are classified as research chemicals. Drugs of this type have been placed in Schedule I (subdivision 3 of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.

1. 1-(1,3-benzodioxol-5-yl)-2-(dimethylamino)-1-pentanone (other names: N,N-Dimethylpentylone, Dipentylone)

2. 4-chloro-alpha-Pyrrolidinovalerophenone (other name: 4-chloro-alpha-PVP)

3. 4-methyl-alpha-Pyrrolidinohexiophenone (other name: MPHP)

4. 4-fluoro-alpha-Pyrrolidinoheptiophenone (other name: 4-fluoro-PV8)

5. 1-(4-methoxyphenyl)-2-(pyrrolidin-1-yl)octan-1-one (other name: 4-methoxy-PV9)

6. 4-allyloxy-3,5-dimethoxyphenethylamine (other name: Allylescaline)

7. 4-methyl-alpha-ethylaminopentiophenone

The following compound is a powerful synthetic opioid. DFS recommends placing this compound into Schedule I (subdivision 1 of § 54.1-3446 of the Code of Virginia).

N-(4-fluorophenyl)-2-methyl-N-[1-(2-phenylethyl)-4-piperidinyl]-propanamide (other name: para-fluoroisobutyryl fentanyl)

If approved by the Board of Pharmacy, the placement of these substances in Schedule I in the Virginia Drug Control Act shall remain in effect for a period of 18 months from the date of board action and shall then be de-scheduled unless the Drug Control Act is amended by enactment of legislation by the General Assembly.

A 30-day comment forum begins on November 1, 2016, and ends midnight December 1, 2016.

Contact Information: Caroline Juran, RPh, Executive Director, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4578, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Order for the Town of Broadway

An enforcement action has been proposed for the Town of Broadway for violations at the Broadway Regional Wastewater Treatment Facility in Rockingham County, Virginia. The State Water Control Board proposes to issue a consent order to the Town of Broadway to address noncompliance with State Water Control 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. Tamara Ambler will accept comments by email at tamara.ambler@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, from November 14, 2016, to December 14, 2016.

Proposed Consent Order for 5th Street Station Ventures, LLC

An enforcement action has been proposed for 5th Street Station Ventures, LLC (5th Street) for violations in Charlottesville, Virginia. The State Water Control Board proposes to issue a consent order to 5th Street for noncompliance with State Water Control 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. Tiffany Severs will accept comments by email at tiffany.severs@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, from November 14, 2016, to December 15, 2016.

Proposed Enforcement Action for Perdue Foods LLC (Accomac)

An enforcement action has been proposed for Perdue Foods LLC (Accomac) for alleged violations of the State Water Control 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. Jennifer Coleman will accept comments by email at jennifer.coleman@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 November 14, 2016, to December 13, 2016.

Proposed Enforcement Action: Tidewater Wood Products, LLC (Hampton)

An enforcement action has been proposed for Tidewater Wood Products, LLC (Hampton) for alleged violations of the State Water Control 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. Jennifer Coleman will accept comments by email at jennifer.coleman@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 November 14, 2016, to December 13, 2016.

Total Maximum Daily Load Implementation Plan for the Clinch River and Cove Creek Watersheds

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the total maximum daily load (TMDL) implementation plan (IP) for the Clinch River and Cove Creek watersheds. There are 11 different impaired stream segments in this study area and include the following streams: Clinch River, Cove Creek, Stock Creek, Moll Creek, Valley Creek, Blackwater Creek, Copper Creek, and North Fork Clinch River. All segments are listed as impaired on Virginia's § 303(d) TMDL Priority List and Report due to violations of the state's water quality standard for bacteria.

Ten of the segments were first listed as impaired in 2008 and have remained on the § 303(d) list for bacteria impairments, one segment was listed in 2010. The Clinch River segment extends 9.69 miles from the Copper Creek confluence near Speers Ferry downstream to the Tennessee state line near Shelby. Cove Creek extends 6.94 miles from its confluence with Millstone Branch to the confluence with the Clinch River north of Starnes Slant. Stock Creek extends from stream mile 4.56 downstream to the Clinch River confluence at Clinchport. Moll Creek extends 4.20 miles from Copper Creek upstream, to a second tributary including Porter Hollow. Valley Creek extends 1.01 miles from near Farley Chapel to the confluence with Copper Creek. Blackwater Creek extends 2.11 miles from the East Fork Blackwater Creek confluence downstream to the Tennessee state line. Copper Creek extends 14 miles from the Grassy Creek confluence upstream through Dickensonville to stream mile 56.8. The North Fork Clinch River extends 11.01 miles from the Fraley Branch confluence downstream to the Cox Branch confluence. An additional segment of the North Fork Clinch River was listed in 2010 and extends 5.59 miles from the Cox Branch confluence near Fairview downstream to the Tennessee state line near Dona.

The TMDL studies for these stream impairments were completed in 2014 and can be found in the Bacteria TMDL Development for the Clinch River and Cove Creek Watershed, Virginia report, which is available on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMDLReports.aspx.

Section 62.1-44.19:7 C of the Code of Virginia requires expeditious implementation of total maximum daily loads when appropriate. The IP will provide measurable goals and the date of expected achievement of water quality objectives. The IP will also include corrective actions needed and their associated costs, benefits, and environmental impacts.

The Virginia Department of Environmental Quality will host two public meetings to present the draft TMDL implementation plan for the Clinch River and Cove Creek watershed. Both meetings will be held on Thursday, November 17, 2016, from 6 p.m. to 8 p.m.

One meeting will be held at the Crooked Road Tech Center, 372 Technology Trail Lane, Duffield, VA 24244. An additional meeting will take place on the same day and time at the Senior and Community Building, Keith Memorial Park, 163 Spartan Band Avenue, Nickelsville, VA near the Dollar General Store.

A 30-day public comment period for the meetings begins November 17, 2016, and ends December 19, 2016. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Martha Chapman, Department of Environmental Quality, 355A Deadmore Street, Abingdon, VA 24210, telephone (276) 676-4845, or email to martha.chapman@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; 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.