STATE AIR POLLUTION CONTROL BOARD
General Notice - State Implementation
Plan Revision - General Definitions, 9VAC5-10 (Revisions C16 and I16)
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 the 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 General Definitions, 9VAC5-10 (Revisions C16 and I16).
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: June 12, 2017, to July 12, 2017.
Public hearing: A public hearing may be conducted if a request
is made in writing to the contact listed at the end of this notice. 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: The regulation amendments are exempt from
the state administrative procedures for adoption of regulations contained in
Article 2 of the Administrative Process Act by the provisions of
§ 2.2-4006 A 4 c of the Administrative Process Act because they are
necessary to meet the requirements of the federal Clean Air Act and do not
differ materially from the pertinent EPA regulations. Since the amendments are
exempt from administrative procedures for the adoption of regulations, DEQ is
accepting comment only on the issue cited under "purpose of notice"
and not on the content of the regulation amendments.
Description of proposal: The proposed revision consists of two
separate amendments to existing regulation provisions concerning the definition
of volatile organic compound (VOC). On February 25, 2016 (81 FR 9339), EPA
revised the definition of VOC to remove the recordkeeping, emissions reporting,
photochemical dispersion modeling, and inventory requirements related to the
use of t-butyl acetate (also known as tertiary butyl acetate or TBAC) as a VOC.
The state definition was revised accordingly under Revision B16. On August 1,
2016 (81 FR 50330), EPA revised the definition of VOC to add
1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane (also known as
HFE-347pcf2) to the list of substances not considered to be VOCs. The state
definition was revised accordingly under Revision I16.
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. Except as noted below, 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 comments, exhibits, and documents
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 at http://www.deq.state.va.us/Programs/Air/PublicNotices/airplansandprograms.aspx.
The documents may also be obtained by contacting the DEQ representative named
at the end of this notice. 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.
COMMISSION ON LOCAL GOVERNMENT
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 Commission on Local Government is
currently reviewing each of the regulations listed below to determine whether
the regulation should be repealed, amended, or retained in its current form.
The review of each regulation will be guided by the principles in Executive
Order 17 (2014). Public comment is sought on the review of any issue relating
to each 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.
1VAC50-11, Public Participation Guidelines
1VAC50-20, Organization and Regulations of Procedure
Contact Information: J. David Conmy, Local Government
Policy Administrator, Department of Housing and Community Development, 600 East
Main Street, Suite 300, Richmond, VA 23219, telephone (804) 371-8010, FAX (804)
371-7090, or email david.conmy@dhcd.virginia.gov.
The comment period begins June 12, 2017, and ends July 3, 2017.
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 Virginia Regulatory Town Hall, and a report
of the small business impact review will be published in the Virginia Register
of Regulations.
CRIMINAL JUSTICE SERVICES BOARD
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 Criminal Justice Services Board is
currently reviewing each of the regulations listed below to determine whether
the regulation should be repealed, amended, or retained in its current form.
The review of each regulation will be guided by the principles in Executive
Order 17 (2014). Public comment is sought on the review of any issue relating
to each 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.
6VAC20-240, Regulations Relating to School Security Officers
6VAC20-270, Regulations Relating to Campus Security Officers
Contact Information: Barbara Peterson-Wilson, Law
Enforcement Program Coordinator, Department of Criminal Justice Services, 1100
Bank Street, Richmond, VA 23219,
telephone (804) 225-4503, FAX (804)
786-0410, and email barbara.peterson-wilson@dcjs.virginia.gov.
The comment period begins June 12, 2017, and ends July 7, 2017.
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 Virginia Regulatory Town Hall, and a report
of the small business impact review will be published in the Virginia Register
of Regulations.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Dominion Energy Virginia Notice of
Intent for Small Renewable Energy (Solar) Project Permit by Rule - King William
County
Dominion Energy Virginia has provided the Department of
Environmental Quality a notice of intent to submit the necessary documentation
for a permit by rule for a small renewable energy project (solar) in King
William County.
The project will be located on approximately 160 acres at 521
Hollyfield Lane in Manquin, King William County, Virginia. The solar facility
will be comprised of ground-mounted single-axis tracking photovoltaic arrays
and auxiliary equipment to provide approximately 17 megawatts alternating
current of nameplate capacity. The project conceptually consists of 66,528
panels plus six inverters.
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.
STATE BOARD OF HEALTH
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 Board of Health is currently
reviewing each of the regulations listed below to determine whether the
regulation should be repealed, amended, or retained in its current form. The
review of each regulation will be guided by the principles in Executive Order
17 (2014). Public comment is sought on the review of any issue relating to each
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.
12VAC5-125, Regulations for Bedding and Upholstered
Furniture Inspection Program
12VAC5-431, Sanitary Regulations for Hotels
Contact Information: Olivia McCormick, Program Manager,
Tourist Establishment Services, Virginia Department of Health, 109 Governor
Street, Richmond, VA 23219, telephone (804) 864-8146, FAX (804) 864-7475, or
email olivia.mccormick@vdh.virginia.gov.
12VAC5-150, Regulations for the Sanitary Control of Storing,
Processing, Packing or Repacking of Oysters, Clams and Other Shellfish
12VAC5-160, Regulations for the Sanitary Control of the
Picking, Packing and Marketing of Crab Meat for Human Consumption
Contact Information: Keith Skiles, Director, Division of
Shellfish Sanitation, Virginia Department of Health, 109 Governor Street,
Richmond, VA 23219, telephone (804) 864-7477, FAX (804) 864-7481, or email keith.skiles@vdh.virginia.gov.
12VAC5-230, State Medical
Facilities Plan
Contact Information: Erik Bodin, Director, Virginia
Department of Health, Office of Licensure and Certification, 9960 Mayland
Drive, Suite 401, Henrico, VA 23233, telephone (804) 367-2102, FAX (804)
527-4502, or email erik.bodin@vdh.virginia.gov.
The comment period begins June 12, 2017, and ends July 3, 2017.
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 Virginia Regulatory Town Hall, and a report of
the small business impact review will be published in the Virginia Register of
Regulations.
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 currently reviewing each of the regulations listed below to
determine whether the regulation should be repealed, amended, or retained in
its current form. The review of each regulation will be guided by the
principles in Executive Order 17 (2014). Public comment is sought on the review
of any issue relating to each 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.
8VAC40-131, Virginia Student Financial Assistance Program
Regulations
8VAC40-140, Virginia Vocational Incentive Scholarship
Program for Shipyard Workers Regulations
Contact Information: Melissa Wyatt, Senior Associate for
Financial Aid, State Council of Higher Education for Virginia, 101 North 14th
Street, Richmond, VA 23219, telephone (804) 225-4113, FAX (804) 225-2604, or
email melissacollumwyatt@schev.edu.
The comment period begins June 12, 2017, and ends July 5, 2017.
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 Virginia Regulatory Town Hall, and a report
of the small business impact review will be published in the Virginia Register
of Regulations.
VIRGINIA LOTTERY
Director's Orders
The following Director's Orders of the Virginia Lottery were
filed with the Virginia Registrar of Regulations on May 24, 2017. The orders
may be viewed at the Virginia Lottery, 600 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 Thirty-Six (17)
Virginia Lottery's "2017 Mega Gift Card Giveaway
Promotion" Final Rules for Operation (effective June 1, 2017)
Director's Order Number Forty-Three (17)
Virginia's Computer-Generated Lottery Game Cash4Life®
Final Rules for Game Operation (this Director's Order becomes effective on May
23, 2017, fully replaces any and all prior Virginia Lottery Cash4Life®
Virginia-specific game rules, and shall remain in full force and effect unless
amended or rescinded by further Director's Order)
Director's Order Number Forty-Seven (17)
Final Rules for Operation: "Subscription Program" for
Certain Virginia Lottery Computer-Generated Games (this Director's Order
becomes effective on May 22, 2017, fully replaces any and all Virginia Lottery
"Subscription Program" Rules, and shall remain in full force and
effect unless amended or rescinded by further Director's Order)
Director's Order Number Sixty-Seven (17)
Virginia Lottery's "$30 Scratcher Point of Sale (POS)
Placement Retailer Incentive Promotion" (effective October 3, 2017)
Director's Order Number Sixty-Eight (17)
Virginia Lottery's "2 Ways to Win Scratch Incentive
Retailer Incentive Promotion" (effective November 1, 2017)
Director's Order Number Sixty-Nine (17)
Virginia Lottery's "Corvette Dispenser Placement and Sales
Contest Retailer Incentive Promotion" (effective July 1, 2017)
Director's Order Number Seventy (17)
Virginia Lottery's "Buy This, Get That Retailer Incentive
Promotion" (effective September 1, 2017)
Director's Order Number
Seventy-One (17)
Virginia Lottery's "Go for the Grand Retailer Incentive
Promotion" (effective November 1, 2017)
Director's Order Number Seventy-Two (17)
Virginia Lottery's "Sheetz FY'18 First Half Activity
Retailer Incentive Promotion" (effective July 1, 2017)
Director's Order Number
Seventy-Three (17)
Virginia Lottery's "Holiday Games Llama* Sign Retailer
Incentive Promotion" (effective December 1, 2017)
Director's Order Number Seventy-Four (17)
Virginia Lottery's "Murphy USA Gas Discount Promotion
Retailer Incentive Promotion" (effective July 1, 2017)
Director's Order Number Seventy-Five (17)
Virginia Lottery's Scratch Game 1778 "Corvette and
Cash" Final Rules for Game Operation (effective May 2, 2017)
Director's Order Number Seventy-Nine (17)
Virginia Lottery's "GPM Loyalty Card Promotion Retailer
Incentive Promotion" (effective August 1, 2017)
Director's Order Number Eighty (17)
Virginia Lottery's "Sell More/Earn More Retailer
Incentive" (effective July 1, 2017)
Director's Order Number Eighty-One (17)
Virginia Lottery's Scratch Game 1791 "Pick 3" Final
Rules for Game Operation (effective May 2, 2017)
Director's Order Number Eighty-Two (17)
Virginia Lottery's "7-Eleven First Half FY'18 Market
Battle Madness Retailer Incentive Promotion" (effective July 1, 2017)
Director's Order Number Eighty-Three (17)
Virginia Lottery's Scratch Game 1661 "$1,000,000
Series" Final Rules for Game Operation (effective May 22, 2017)
Director's Order Number Eighty-Four (17)
Virginia Lottery's Scratch Game 1769 "$1,000,000 High
Rollers Club" Final Rules for Game Operation (effective May 23, 2017)
Director's Order Number Eighty-Five (17)
Virginia Lottery's "FY17 Q4 Retention Promotion - Bank A
Million" Final Rules for Operation (effective May 15, 2017)
Director's Order Number Eighty-Six (17)
Virginia Lottery's Scratch Game 1781 "20X The Money"
Final Rules for Game Operation (effective May 23, 2017)
Director's Order Number
Eighty-Seven (17)
Virginia Lottery's Scratch Game 1779 "Aces & 8's"
Final Rules for Game Operation (effective May 23, 2017)
Director's Order Number Eighty-Eight (17)
Virginia Lottery's Scratch Game 1828 "$5 Million Dollar
Series" Final Rules for Game Operation (effective May 23, 2017)
Director's Order Number Eighty-Nine (17)
Virginia Lottery's Scratch Game 1798 "Quick $100"
Final Rules for Game Operation (effective May 23, 2017)
STATE WATER CONTROL BOARD
Proposed Consent Order for Atlantic
Waste Disposal, Inc.
An enforcement action has been proposed for Atlantic Waste
Disposal, Inc., for violations at the landfill located at 3474 Atlantic Lane in
Waverly, Virginia. The State Water Control Board proposes to issue a consent
order to address noncompliance with State Water Control Law and regulations at
the landfill. Atlantic Waste Disposal had unauthorized discharges of leachate,
which impacted State waters and wetlands. 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) 698-4019, or postal mail at Department of Environmental Quality,
P.O. Box 1105, Richmond, VA 23218, from June 12, 2017, to July 12, 2017.
Proposed Consent Special Order for
Carpet Care of Central Virginia, Inc.
An enforcement action has been proposed with Carpet Care of
Central Virginia, Inc. for violations in Salem, Virginia. The special order by
consent will address and resolve violations of environmental law and
regulations. A description of the proposed action is available at the
Department of Environmental Quality office named below or online at www.deq.virginia.gov.
Jerry Ford, Jr. will accept comments by email at jerry.ford@deq.virginia.gov,
or postal mail at Department of Environmental Quality, Blue Ridge Regional
Office, 3019 Peters Creek Road, Roanoke, VA 24019, from June 12, 2017, to July
12, 2017.
Proposed Consent Special Order for Rappahannock
Concrete Corporation
An enforcement action has been proposed for Rappahannock
Concrete Corporation for alleged violations that occurred at the Rappahannock
Concrete Corporation facility in Saluda, Virginia. The State Water Control
Board proposes to issue a consent special order to Rappahannock Concrete
Corporation 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.
Cynthia Akers will accept comments by email at cynthia.akers@deq.virginia.gov,
FAX at (804) 698-4019, or postal mail at Department of Environmental Quality,
P.O. Box 1105, Richmond, VA 23218, from June 12, 2017, to July 12, 2017.
Proposed Consent Special Order for
Virtexco Corporation
An enforcement action has been proposed for Virtexco
Corporation for violations in Yorktown, Virginia. The State Water Control Board
proposes to issue a special order by consent to Virtexco Corporation to address
noncompliance with the State Water Control Law and regulations. A description
of the proposed action is available at the Department of Environmental Quality
office named below or online at www.deq.virginia.gov. Kristen Sadtler
will accept comments by email at kristen.sadtler@deq.virginia.gov, FAX at (804) 698-4277, or
postal mail at Department of Environmental Quality, Central Office, P.O. Box
1105, Richmond, VA 23218, from June
12, 2017, to July 12, 2017.
Notice of Public Meeting and Public
Comment - Water Quality Management Planning Regulation Amendment
The State Water Control Board (Board) is seeking written and
oral comments from interested parties on amendments to the Water Quality
Management Planning (WQMP) Regulation for the James River Basin nitrogen and
phosphorus wasteload allocations to restore the Chesapeake Bay and its tidal
rivers (9VAC25-720-60 C). The board is seeking public comment through the
Department of Environmental Quality (DEQ).
State mandate in § 62.1-44.15 of the Code of Virginia is
the source of legal authority identified to promulgate this modification. The
promulgating entity is the board. The scope and purpose of the State Water
Control Law is to protect and to restore the quality of state waters, to
safeguard clean waters from pollution, to prevent and to reduce pollution, and
to promote water conservation. The State Water Control Law (subdivision 10 of
§ 62.1-44.15) mandates the board to adopt such regulations as it deems necessary
to enforce the general water quality management program of the board in all or
part of the Commonwealth. In addition subdivision 14 of § 62.1-44.15
requires the board to establish requirements for the treatment of sewage,
industrial wastes, and other wastes that are consistent with the purposes of
State Water Control Law. The specific effluent limits needed to meet the water
quality goals are discretionary.
The amendments that are the subject of this notice are to
9VAC25-720-60 C and would reduce the existing total nitrogen wasteload
allocation for the Dominion-Chesterfield Plant (VA0004146), located in the
James River Basin by 80,000 pounds and would add a total nitrogen wasteload
allocation of 80,000 pounds to the Tranlin, Inc./Vastly Facility, located in
the James River Basin. These amendments to the Water Quality Management
Planning Regulation (9VAC25-720) are needed to reflect the transfer of nitrogen
allocation from the Virginia Electric and Power Company (Dominion) to Tranlin,
Inc. (Vastly) as identified in a memorandum of understanding between the two
parties dated April 5, 2017.
DEQ staff intends to recommend amendments to 9VAC25-720-60 C
that would reduce the total nitrogen wasteload allocation for
G02E-Dominion-Chesterfield (VA0004146) from 352,036 to 272,036 pounds, and add
a total nitrogen wasteload allocation for G02E - Tranlin/Vastly in the amount
of 80,000 pounds.
A public meeting on the modifications to the WQMP will be held
on June 28, 2017, at 10 a.m. in the DEQ office, 629 East Main Street,
Richmond, Virginia.
The public comment period will begin on June 12, 2017, and ends
July 12, 2017. Although an advisory committee to assist in the modification of
the WQMP has not been proposed, public comment on the use of an advisory
committee is invited. Persons requesting the agency use an advisory committee
and those interested in assisting should notify the DEQ contact person listed
at the end of this notice by the end of the comment period and provide their
name, address, phone number, email address, and the name of organization they
represent (if any). Notification of the composition of the advisory panel, if
established, will be sent to all requesters.
Please note, all written comments should include the name,
address, and telephone number of the person submitting the comments and should
be sent to the DEQ contact person: William K. Norris, Department of
Environmental Quality, Office of Regulatory Affairs, P.O. Box 1105, Richmond,
VA 23218, telephone (804) 698.4022, or email william.norris@deq.virginia.gov.
Total Maximum Daily Load for Accotink
Creek
The Virginia Department of Environmental Quality (DEQ) will
host a public meeting on June 28, 2017, in Burke, Virginia on the two draft
total maximum daily load (TMDL) water quality study reports that were developed
for the Accotink Creek watershed that is located in Fairfax County and the City
of Fairfax. The meeting will start at 6:30 p.m. at the Kings Park Library
meeting room, Kings Park Library, 9000 Burke Lake Road, Burke, VA 22015.
The purpose of the meeting is to present the draft sediment and
chloride TMDL reports and to discuss the study with community members in order
to receive feedback. There will be a 30-day public comment period for
interested stakeholders to comment on the two draft reports. Written comments
will be accepted from June 21, 2017, to July 21, 2017. Directions for how to
submit a comment are below. Throughout the 30-day public comment period, the
two draft TMDL reports can be found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.
Biological monitoring data collected by DEQ have shown that
sections of Accotink Creek and Long Branch do not meet Virginia's water quality
standard for aquatic life use due to poor health in the benthic biological
communities. The stressor identification analysis, which was finalized on
September 29, 2015, identified sediment, chloride, hydromodification, and
habitat modification as the most probable stressors contributing to the benthic
impairments in the Accotink Creek watershed. Of the four most probable
stressors, only sediment and chloride are pollutants. DEQ, with assistance from
the Interstate Commission on the Potomac River Basin (ICPRB), have been
developing TMDLs for sediment and chloride in accordance with the Clean Water
Act.
DEQ and ICPRB developed sediment and chloride TMDLs for the
biologically impaired waters and will present the two draft studies at the
meeting. A TMDL is the total amount of a pollutant a waterbody can receive and
still meet water quality standards. To restore water quality, pollutant levels
have to be reduced to the TMDL amount.
The biologically impaired streams are described in the table
below.
|
Stream
|
County
|
Impairment
|
Size
|
|
Upper Accotink Creek
|
Fairfax County, City of Fairfax
|
Benthic Macroinvertebrate Bioassessments
|
11.59 miles
|
|
Long Branch (central)
|
Fairfax County, City of Fairfax
|
Benthic Macroinvertebrate Bioassessments
|
2.37 miles
|
|
Lower Accotink Creek
|
Fairfax County
|
Benthic Macroinvertebrate Bioassessments
|
10.09 mile
|
The meetings of the TMDL process are open to the public and all
interested parties are welcome. Written comments on the two draft TMDL reports
will be accepted from June 21, 2017, through July 21, 2017, and should include
the name, address, and telephone number of the person submitting the comments.
To submit written comments, please contact Will Isenberg, Office of Watershed
Programs and Office of Ecology, Department of Environmental Quality, 629 East
Main Street, Richmond, VA 23219, telephone (804) 698-4228, or email william.isenberg@deq.virginia.gov.
For more information on this meeting or the Accotink Creek TMDL
study, please contact Will Isenberg via phone, email, or conventional mail
using the information listed above. All materials related to this project have
been posted on the DEQ website under the "Accotink Creek" section of
the webpage located at http://www.deq.virginia.gov/Programs/Water /WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DocumentationforSelectTMDLs.aspx.
Total Maximum Daily Load for
Tributaries of the Rappahannock River
Community meeting: A community meeting will be held Thursday,
June 22, 2017, at 6 p.m. at Westmoreland Fire Department, 52 Rectory Road,
Montross, VA 22520. This meeting will be open to the public and all are welcome
to participate. For more information, please contact Anna Reh-Gingerich at telephone
(804) 527-5021 or email anna.reh-gingerich@deq.virginia.gov.
Purpose of notice: The Department of Environmental Quality
(DEQ) and its contractors, Virginia Tech Biological Systems Engineering, will
announce the development of a water quality study known as a total maximum
daily load (TMDL) for tributaries along the Rappahannock River located in
Essex, Westmoreland, Richmond, Caroline, and King George Counties. This is an
opportunity for local residents to learn about the condition of these waters,
share information about the area, and become involved in the process of local
water quality improvement. A public comment period will follow the meeting
(June 23, 2017, through July 24, 2017). Persons interested in reviewing project
materials through an advisory committee should notify the DEQ contact person,
Anna RehGingerich, by the end of the comment period and provide their name,
address, phone number, email address, and the name of the organization they
represent (if any).
Meeting description: A public meeting will be held to introduce
the local community to the water quality improvement process in Virginia, known
as the TMDL process, invite participation and solicit contributions, and review
next steps. 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.
Description of study: Portions of the Rappahannock River and
its tributaries were identified in Virginia's 2014 Water Quality Assessment and
Integrated Report as impaired due to violations of the state's water quality
standards for Enterococci and E. coli and do not support the designated uses of
"primary contact (recreational or swimming)". The specific
impairments are described in the table below. Reductions and TMDLs for the
causes of the impairments will be developed during the water quality study
process.
Affected Waterways:
Rappahannock Tributaries
|
1.
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Baylors Creek (E22R-05-BAC), Assessment Unit
VAP-E22R_BAY01A08, 5.89 miles, Baylors Creek from its headwaters to the
extent of backwater of Baylors Pond
|
|
2.
|
Elmwood Creek and Tributary XHY (E22R-04-BAC), Assessment
Unit VAPE22R_ELM01A06, 9.07 miles, the nontidal portion of Elmwood Creek and
its tributary XHY in its entirety
|
|
3.
|
Stillwater Creek (E22R-08-BAC), Assessment Unit
VAP-E22R_STL01A14, 3.52 miles, Stillwater Creek from its headwaters at
Cockerel Creek downstream to its tidal limit
|
|
4.
|
Peedee Creek (E22R-06-BAC), Assessment Unit
VAP-E22R_PEE01A08, 3.29 miles, the mainstem of Peedee Creek from its
headwater to the extent of tide
|
|
5.
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XHW – UT to Peedee Creek (E22R-09-BAC), Assessment Unit
VAP-E22R_XHW01A14, 0.47 miles, headwaters to mouth
|
|
6.
|
Peedee Creek, tidal portion (E22E-03-BAC), Assessment Unit
VAP-E22E_PEE01A14, 0.15 sq. miles, tidal Peedee Creek
|
|
7.
|
Jetts Creek (E21R-10-BAC), Assessment Unit VAN-E21R_JET01A10,
1.85 miles, segment begins at the confluence of Boom Swamp with Jetts Creek,
and continues downstream to the end of the free flowing waters
|
|
8.
|
Portobago Creek (E21R-11-BAC), Assessment Unit VAN-E21R_PBC01A10,
7.00 miles, segment begins at the confluence of two intermittent tributaries
around rivermile 6.66 and extends downstream to the end of the free-flowing
water
|
|
9.
|
Mill Creek (E21R-07-BAC), Assessment Unit VAN-E21R_MIC01A08,
4.58 miles, begins at the confluence with Peumansend Creek, at rivermile
6.06, and continues downstream until the tidal waters of Mill Creek
|
|
10.
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Rappahannock River (E22E-05-BAC), Assessment Unit
VAP-E22E_RPP02A02, 3.35 sq. miles, the Rappahannock River from the tidal freshwater/oligohaline
boundary downstream to river mile 51.04
|
How to comment and participate: The meetings of the TMDL
process are open to the public and all interested parties are welcome. Written
comments will be accepted through July 24, 2017, and should include the name,
address, and telephone number of the person submitting the comments. For more
information or to submit written comments, please contact:
Contact Information: Anna Reh-Gingerich, Department of
Environmental Quality, Piedmont Regional Office, 4949 Cox Road, Glen Allen, VA
23060, telephone (804) 527-5021, or email anna.reh-gingerich@deq.virginia.gov.
Total Maximum Daily Load
Implementation Plan for Upper Goose Creek, Cromwells Run, and Little River
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 Upper Goose Creek, Cromwells Run, and
Little River in Fauquier and Loudoun Counties. The draft TMDL implementation
plan (IP) for these streams, jointly referred to as the Upper Goose Creek (UGC)
project area, can be found at http://www.deq.virginia.gov/Programs/Water/WaterQuality
InformationTMDLs/TMDL/TMDLImplementation/TMDLImplementationPlans.aspx.
The mainstem of Goose Creek and six of its tributaries were
listed as impaired on Virginia's 1998 and 2002 § 303(d) TMDL Priority List
and Report due to exceedances of the state's water quality standard for fecal
coliform bacteria. 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.
Section 62.1-44.19:7 C of the Code of Virginia also requires
expeditious implementation of TMDLs, when appropriate. To satisfy this
provision, DEQ prepares TMDL IPs with measurable goals and the date that water
quality objectives are expected to be achieved, the corrective actions needed,
and their associated costs, benefits, and environmental impacts.
In February 2003 DEQ completed a TMDL study for the Goose Creek
watershed that identified bacteria sources in each subwatershed and set limits
on the amount of bacteria these waterbodies can receive and still support their
designated recreational use standard. The TMDL was approved by the
Environmental Protection Agency on May 1, 2003. The TMDL report is available on
the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQuality
InformationTMDLs/TMDL/TMDLDevelopment/ApprovedTMDLReports.aspx.
Over the last year, DEQ has led the preparation of a
comprehensive plan to guide implementation of the actions needed to address
excess bacteria levels in the Upper Goose Creek project area. This effort
included public involvement in the form of a June 21, 2016 public meeting and
several technical workgroup sessions in June and September 2016. To bring this
work to its completion, DEQ will host a final public meeting for the Upper
Goose Creek project area TMDL IP on Wednesday, June 21, 2017, at 6 p.m. at
the Wakefield School, 4439 Old Tavern Road, Plains, VA.
A 30-day public comment period for the meeting begins June 21,
2017, and ends July 21, 2017. Written comments should include the name,
address, and telephone number of the person submitting the comments and should
be sent to David Evans, Department of Environmental Quality, 13901 Crown Court,
Woodbridge, VA 22193, telephone (703) 583-3835, or email david.evans@deq.virginia.gov.
VIRGINIA CODE COMMISSION
Notice to State Agencies
Contact Information through Thursday, June 15, 2017: 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.
New Contact Information beginning Monday, June 19, 2017: Mailing
Address: Virginia Code Commission, Pocahontas Building, 900 East Main
Street, 11th Floor, Richmond, VA 23219; Telephone: (804) 698-1810.
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 https://commonwealthcalendar.virginia.gov.
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.