DEPARTMENT OF GENERAL SERVICES

Request for Comments on Revision to Fees for Drinking Water Laboratory Certification

Public comment period: March 19, 2018, through April 18, 2018.

Request for comments on revision to fees for drinking water laboratory certification (1VAC30-41-270), effective May 1, 2018, through April 30, 2019.

Purpose of notice and background information: The Division of Consolidated Laboratory Services (DCLS) is seeking comment on the revision to fees charged for certifying drinking water laboratories under 1VAC30-41-270.

1VAC30-41-270 I 2 requires DCLS to increase or decrease annually the fees charged for certifying drinking water laboratories using the Consumer Price Index-Urban percentage change, average-average for the previous calendar year published by the U.S. Bureau of Labor Statistics in February. The percentage change, average-average for 2017 is an additional 2.1%. See Table 24, page 4 in https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-201801.pdf.

The revised fees are exempt from the requirements of the Administrative Process Act. The Budget of the Commonwealth of Virginia (Item 77 C 3a of Chapter 780 of the 2017 Acts of Assembly) requires DCLS to provide notice and an opportunity to submit written comments on the revised fees.

The notice of fees for May 1, 2018, through April 30, 2019, will be published on the DCLS drinking water laboratory certification webpage at www.dgs.virginia.gov/dcls after consideration of submitted comments.

How to comment: DCLS 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 DCLS by the last day of the comment period. All materials received are part of the public record. Email comments should be sent to rhonda.bishton@dgs.virginia.gov. The number for faxed comments is (804) 371-8305. Written comments should be sent to Rhonda Bishton, Regulatory Coordinator, Department of General Services, Attention: DCLS DW Fee Comments, 1100 Bank Street, Richmond, VA 23219.

Notice of fees for May 1, 2018–April 30, 2019

DCLS requests comments on the revised fees in the notice below.

Virginia Division of Consolidated Laboratory Services

Fees for drinking water laboratory certification (1VAC30-41-270)

How fees are calculated: DCLS calculates a laboratory's total fee by adding the fees for the number of test methods in each category in the fee table for which the laboratory is certified or applies to be certified. Contact Lab_Cert@dgs.virginia.gov for more information about the fee category for a specific method.

Additional fees:

Additional fees apply when a laboratory:

• Applies for modification of certification under 1VAC30-41-110,

• Is moving its location when the move requires DCLS to perform an onsite assessment, or

• Requests reinstatement of certification when DCLS requires an onsite assessment.

Hourly review fee and calculation of total fee: The fee to be charged is the sum of the total hourly charges for all reviewers plus any onsite assessment costs incurred. The hourly charge per reviewer is $64. The charge per reviewer is determined by multiplying the number of hours expended in the review by $64.

Onsite review and travel expenses: If an onsite review is required, travel time and onsite review time will be charged at the same hourly rate of $64 and any travel expenses will be added.

When to pay: Payment is due at the time the application is made or annually thereafter upon receipt of the invoice from DCLS. Annual billing precedes the expiration of the current certificate.

How to pay: Fees may be paid by check, draft, or postal money order payable to the Treasurer, Commonwealth of Virginia, or submitted electronically, if available. Payment must be in United States currency, except that agencies and institutions of the Commonwealth of Virginia may submit interagency transfers for the amount of the fee. Laboratories may also pay fees using credit cards. All fees must be sent to the following address, or submitted electronically, if available: DCLS, Attention: Lab Certification, 600 North 5th Street, Richmond, VA 23219. A fee payment form is available on the drinking water page of the DCLS website at www.dgs.virginia.gov/dcls.

Contact Information: Rhonda Bishton, Director's Executive Administrative Assistant, Department of General Services, 1100 Bank Street, Suite 420, Richmond, VA 23219, telephone (804) 786-3311, FAX (804) 371-8305, or email rhonda.bishton@dgs.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 February 28, 2018. The orders may be viewed at the Virginia Lottery, 600 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia.

Director's Order Number Twenty-Four (18)

Virginia Lottery's "Special Events Coupon Giveaway Promotion" Final Rules for Operation (This Director's Order becomes effective on February 21, 2018, and shall remain in full force and effect through the end Promotion date unless amended or rescinded by further Director's Order)

STATE WATER CONTROL BOARD

Proposed Consent Special Order for Appalachian Power Company

An enforcement action has been proposed for Appalachian Power Company for violations at its Clinch River Plant in Russell County, Virginia. The State Water Control Board proposes to issue a special order by consent to Appalachian Power Company 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. 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 March 20, 2018, through April 18, 2018.

Proposed Enforcement Action for Eastern Transportation LLC

An enforcement action has been proposed for Eastern Transportation LLC for violations of the State Water Control Law in Hampton, 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. Jennifer Coleman, Esq. 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 March 19, 2018, through April 18, 2018.

Proposed Consent Order for Love's Travel Stops & Country Stores Inc.

An enforcement action has been proposed for Love's Travel Stops & Country Stores Inc. for violations in Shenandoah County, Virginia. The State Water Control Board proposes to issue a consent order to Love's Travel Stops & Country Stores Inc. 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. 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 March 19, 2018, through April 18, 2018.

Proposed Consent Order for Riverside
Transport Inc.

An enforcement action has been proposed for Riverside Transport Inc. for violations of the State Water Control Law and regulations in Louisa County, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with an unauthorized discharge of oil. 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 or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from March 20, 2018, through April 19, 2018.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; 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 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.