AIR POLLUTION CONTROL 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 Department of Environmental Quality (DEQ) on behalf of the Air Pollution Control Board is conducting a periodic review and small business impact review of 9VAC5-45, Consumer and Commercial Products. The review of this regulation will be guided by the principles in Executive Order 17 (2014).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The regulations may be viewed on the DEQ air regulation webpage at http://www.deq.virginia.gov/Programs/Air
/Laws,Regulations,Guidance.aspx.

The comment period begins April 30, 2018, and ends May 21, 2018.

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 Gary Graham, Regulatory Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4103, FAX (804) 698-4319, or email gary.graham@deq.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

DEPARTMENT OF ENVIRONMENTAL QUALITY

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 Department of Environmental Quality is conducting a periodic review and small business impact review of 9VAC25-71, Regulations Governing the Discharge of Sewage and Other Wastes from Boats. The review of this regulation will be guided by the principles in Executive Order 17 (2014).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins April 30, 2018, and ends May 21, 2018.

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 Kelly Meadows, Office of Watershed Programs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4291, FAX (804) 698-4032, or email kelly.meadows@deq.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

DEPARTMENT OF GENERAL SERVICES

Revision to Fees for Drinking Water Laboratory Certification

The Division of Consolidated Laboratory Services (DCLS), Department of General Services, published a notice in 34:15 VA.R. 1565-1566 seeking comment on the revision to fees charged for certifying drinking water laboratories under 1VAC30-41-270 as required by subdivision I 2 of 1VAC30-41-270.

No comments were received. The revision to the fees will stand as published. The following fees are effective for May 1, 2018, through April 30, 2019, for drinking water laboratory certification under 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 apply when a laboratory (i) applies for modification of certification under 1VAC30-41-110, (ii) is moving its location when the move requires DCLS to perform an onsite assessment, or (iii) 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.

BOARD OF HOUSING AND COMMUNITY DEVELOPMENT

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Housing and Community Development conducted a small business impact review of 13VAC5-112, Enterprise Zone Grant Program Regulation, and determined that this regulation should be retained in its current form. The Board of Housing and Community Development is publishing its report of findings dated April 4, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation is required by § 59.1-541 of the Code of Virginia. Comments received addressed the following concerns: increasing the opportunities for smaller towns and rural localities, increasing the opportunities for smaller businesses, making the zone amendment process more flexible, and increasing programmatic funding to allow for fuller funding of the Real Property Investment Grants. The regulation is clearly written and understandable. The regulation was promulgated in 2007 based on legislative changes made in 2005 (Chapter 863 of the 2007 Acts of Assembly). There have been multiple changes since 2007 as required by changes in state code.

At its April 2, 2018, meeting the board discussed the regulation and for the reasons previously stated, determined that the regulation should not be amended or repealed but should be retained in its current form.

Contact Information: Kyle Flanders, Senior Policy Analyst, Board of Housing and Community Development, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 786-6761, FAX (804) 371-7090, or email kyle.flanders@dhcd.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 April 11, 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 Thirty-Six (18)

Virginia Lottery's Computer-Generated Game "Print 'n Play Smokin' Hot Crossword" Final Rules for Game Operation (effective April 8, 2018)

Director's Order Number Thirty-Seven (18)

Virginia Lottery's Computer-Generated Game "Print 'n Play Safari Bingo" Final Rules for Game Operation (effective April 8, 2018)

Director's Order Number Thirty-Eight (18)

Virginia Lottery's Computer-Generated Game "Print 'n Play Hot 'n Spicy Bingo" Final Rules for Game Operation (effective April 8, 2018)

Director's Order Number Thirty-Nine (18)

Virginia Lottery's Computer-Generated Game "Print 'n Play High Roller Bingo" Final Rules for Game Operation (effective April 8, 2018)

Director's Order Number Forty (18)

Virginia Lottery's Computer-Generated Game "Print 'n Play Gold Rush Crossword" Final Rules for Game Operation (effective April 8, 2018)

Director's Order Number Forty-One (18)

Virginia Lottery's Computer-Generated Game "Print 'n Play Daily Crossword" Final Rules for Game Operation (effective April 8, 2018)

Director's Order Number Forty-Two (18)

Virginia Lottery's Computer-Generated Game "Print 'n Play Bonus Bingo" Final Rules for Game Operation (effective April 8, 2018)

Director's Order Number Forty-Three (18)

Virginia Lottery's Computer-Generated Game "Print 'n Play Blackjack" Final Rules for Game Operation (effective April 8, 2018)

Director's Order Number Forty-Four (18)

Virginia Lottery's Computer-Generated Game "Print 'n Play $50,000 Blackjack" Final Rules for Game Operation (effective April 8, 2018)

Director's Order Number Forty-Five (18)

Virginia Lottery's Computer-Generated Game "Print 'n Play Diamond Club Crossword" Final Rules for Game Operation (effective April 8, 2018)

Director's Order Number Forty-Six (18)

Certain Virginia Print 'n Play Games: End of Games.

The following Virginia Lottery games will end on April 7, 2018:

Virginia Lottery's Print 'n Play Extreme Crossword (144 2017)

Virginia Lottery's Print 'n Play Gold Bar Bingo (145 2017)

Virginia Lottery's Print 'n Play High Stakes Blackjack (146 2017)

Virginia Lottery's Print 'n Play Lucky Bingo (148 2017)

Virginia Lottery's Print 'n Play Platinum Crossword (149 2017)

Virginia Lottery's Print 'n Play Blackjack Classic (203 2017)

Virginia Lottery's Print 'n Play Bulls Eye Bingo (204 2017)

Virginia Lottery's Print 'n Play Horoscope Crossword (205 2017)

Virginia Lottery's Print 'n Play Money Bag Crossword (206 2017)

Virginia Lottery's Print 'n Play Rockin' Bingo (207 2017) (effective April 7, 2018)

Director's Order Number Forty-Eight (18)

Certain Virginia Scratcher Game - Virginia Lottery's Combo Play (1881) (21 2018) (This amended Director's Order is effective nunc pro tunc to April 5, 2018, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number Forty-Nine (18)

Certain Virginia Instant Game Lotteries: End of Games.

The following Virginia Lottery instant games will officially end at midnight on April 20, 2018:

The last day for lottery retailers to return for credit unsold tickets from any of these games will be June 4, 2018. The last day to redeem winning tickets for any of these games will be October 17, 2018, 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 October 17, 2018, 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. (effective on April 10, 2018)

STATE WATER CONTROL BOARD

Proposed Consent Order for Green Plains Hopewell LLC

An enforcement action has been proposed for Green Plains Hopewell LLC for violations at their facility located at 701 South 6th Avenue, Hopewell, Virginia. The State Water Control Board proposes to issue a consent order to address noncompliance with State Water Control Law and regulations at the facility. The consent order requires corrective action and payment of a civil charge. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at frank.lupini@deq.virginia.gov, FAX at (804) 698-4019, or postal mail at Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, from May 1, 2018, to June 1, 2018.

Proposed Consent Order for Recycle Management of Waynesboro LLC

The State Water Control Board proposes to issue a consent order to Recycle Management of Waynesboro LLC to address noncompliance with State Water Control Law at the Recycle Management of Waynesboro LLC facility located in Waynesboro, 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. 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 April 30, 2018, to May 30, 2018.

Proposed Consent Order for Southers Greenhouses Inc.

An enforcement action has been proposed for Southers Greenhouses Inc. for violations at the former Southers Greenhouses site in Augusta County, Virginia. The State Water Control Board proposes to issue a consent order to Southers Greenhouses 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. 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 April 30, 2018, to May 30, 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.