STATE AIR POLLUTION CONTROL BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Air Pollution Control Board conducted a small business impact review of 9VAC5-220, Variance for Rocket Motor Test Operations at Atlantic Research Corporation Orange County Facility, and determined that this regulation should be retained in its current form. The State Air Pollution Control Board is publishing its report of findings dated October 1, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation continues to be needed. It provides sources with the most cost-effective means of fulfilling ongoing state and federal requirements that protect air quality. The regulation's level of complexity is appropriate to ensure that the regulated entity is able to meet its legal mandate as efficiently and cost-effectively as possible. This regulation does not overlap, duplicate, or conflict with any state law or other state regulation.

This regulation was last reviewed in 2012. Over time, it generally becomes less expensive to characterize, measure, and mitigate the regulated pollutants that contribute to poor air quality. This regulation continues to provide the most efficient and cost-effective means to determine the level and impact of excess emissions and to control those excess emissions.

The department, through examination of the regulation and relevant public comments, has determined that the regulatory requirements currently minimize the economic impact of emission control regulations on small businesses and thereby minimize the impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth.

During the periodic review Aerojet Rocketdyne Inc., contacted the agency concerning updating the facility name in the regulation. The agency presented an amendment to the Air Pollution Control Board on September 28, 2018, to update the name of the facility in this regulation.

Contact Information: 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.

ALCOHOLIC BEVERAGE CONTROL AUTHORITY

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Alcoholic Beverage Control Authority is conducting a periodic review and small business impact review of each of the regulations listed below. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

3VAC5-11, Public Participation Guidelines

3VAC5-40, Requirements for Product Approval

The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. 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.

The comment period begins November 12, 2018, and ends December 4, 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 LaTonya D. Hucks-Watkins, Legal Liaison, Alcoholic Beverage Control Authority, 2901 Hermitage Road, Richmond, VA 23220, telephone (804) 213-4698, FAX (804) 213-4574, or email latonya.hucks@abc.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 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

SolarGen of Virginia LLC Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule - Isle of Wight County

SolarGen of Virginia LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary application and documentation for a permit by rule for a small solar renewable energy project in Isle of Wight County. The Ho-Fel Solar Project is located in southern Isle of Wight County, just northeast of the Town of Franklin. Specific location coordinates are: 36.673561, -76.882285. The property is irregularly shaped, consisting of approximately 292 acres, more or less, and is located on the north side of Route 616 (Lees Mill Road) and east of Highway 258. The project is planned to be a 50 megawatts direct current and 38.7 megawatts alternating current solar facility, on a single axis tracker system. This project is being submitted for local land use approvals shortly, through Isle of Wight County, and anticipates approvals to be complete in the first quarter of 2019. This project is also in queue with PJM, the multistate grid operator, for appropriate interconnect studies and approvals.

Contact Information: Mary E. Major, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, or email mary.major@deq.virginia.gov.

BOARD OF JUVENILE JUSTICE

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Juvenile Justice is conducting a periodic review and small business impact review of each of the regulations listed below. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

6VAC35-150, Regulation for Nonresidential Services

6VAC35-180, Regulations Governing Mental Health Services Transition Plans for Incarcerated Juveniles

The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. 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.

The comment period begins October 29, 2018, and ends November 28, 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 Kristen Peterson, Regulatory Coordinator, Department of Juvenile Justice, P.O. Box 1110, Richmond, VA 23218-1110, telephone (804) 588-3902, FAX (804) 371-6497, or email kristen.peterson@djj.virginina.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 Virginia Regulatory Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

DEPARTMENT OF LABOR AND INDUSTRY

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Labor and Industry conducted a small business impact review of 16VAC15-21, Maximum Garnishment Amounts, and determined that this regulation should be retained in its current form. The Department of Labor and Industry is publishing its report of findings dated October 9, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

There is a continued need for this regulation as the requirements are mandated by state law. The regulation, as written, continues to protect the safety, health, and welfare of the public by preventing garnishment that would reduce a person's income to less than minimum wage, with the least cost to citizens and businesses of the Commonwealth. No comments were received during this periodic review. The regulation is not overly complex and is clearly written. It does not duplicate, overlap, or conflict with state or federal laws or regulations, and there is no apparent negative impact on the regulated community. The regulation was last reviewed in 2013. There have been little or no changes in technology, economic conditions, and other factors which would affect the regulation.

Contact Information: Holly Raney, Regulatory Coordinator, Virginia Department of Labor and Industry, 600 East Main Street, Richmond, VA 23219, or email holly.raney@doli.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Labor and Industry conducted a small business impact review of 16VAC15-30, Virginia Rules and Regulations Declaring Hazardous Occupations, and determined that this regulation should be retained in its current form. The Department of Labor and Industry is publishing its report of findings dated October 9, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

There is a continued need for this regulation as the requirements are mandated by state law. The regulation, as written, continues to protect the safety, health, and welfare of the public by restricting minors younger than the age of 18 from exposure to hazardous industries, with the least cost to citizens and businesses of the Commonwealth. No comments were received during this periodic review. The regulation is not overly complex and is clearly written. It does not duplicate, overlap, or conflict with state or federal laws or regulations, and there is no apparent negative impact on the regulated community. The regulation was last reviewed in 2014. There have been little or no changes in technology, economic conditions, and other factors that would affect the regulation.

Contact Information: Holly Raney, Regulatory Coordinator, Virginia Department of Labor and Industry, 600 East Main Street, Richmond, VA 23219, or email holly.raney@doli.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 September 26, 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 One Hundred (18)

Virginia Lottery's "7Rewards App Retailer Incentive Promotion" (effective December 1, 2018)

Director's Order Number One Hundred Thirty-Three (18)

Virginia Lottery's "345 Fall Cash" Promotion Final Rules for Operation (effective October 1, 2018)

Director's Order Number One Hundred Thirty-Six (18)

Virginia Lottery's Scratch Game 1928 "Diamond Multiplier" Final Rules for Game Operation (effective October 1, 2018)

Director's Order Number One Hundred Thirty-Seven (18)

Virginia Lottery's Scratch Game 1927 "2X The Money" Final Rules for Game Operation (effective October 1, 2018)

Director's Order Number One Hundred Thirty-Eight (18)

Virginia Lottery's Scratch Game 1940 "Blackjack" Final Rules for Game Operation (effective October 1, 2018)

Director's Order Number One Hundred Thirty-Nine (18)

Virginia Lottery's Scratch Game 1947 "Blazing 7s Crossword" Final Rules for Game Operation (effective October 1, 2018)

Director's Order Number One Hundred Forty (18)

Virginia Lottery's Scratch Game 1946 "7X The Money" Final Rules for Game Operation (effective October 1, 2018)

Director's Order Number One Hundred Forty-One (18)

Virginia Lottery's Scratch Game 1917 "Holiday Sparkle" Final Rules for Game Operation (effective October 1, 2018)

Director's Order Number One Hundred Forty-Two (18)

Virginia Lottery's Scratch Game 1918 "Gingerbread Doubler" Final Rules for Game Operation (effective October 1, 2018)

Director's Order Number One Hundred Forty-Three (18)

Virginia Lottery's Scratch Game 1919 "Winter Luck" Final Rules for Game Operation (effective October 1, 2018)

Director's Order Number One Hundred Forty-Four (18)

Virginia Lottery's Scratch Game 1924 "2019" Final Rules for Game Operation (effective October 1, 2018)

Director's Order Number One Hundred Forty-Five (18)

Certain Virginia Instant Game Lotteries: End of Games.

The following Virginia Lottery instant games will officially end at midnight on October 5, 2018:

The last day for lottery retailers to return for credit unsold tickets from any of these games will be November 16, 2018. The last day to redeem winning tickets for any of these games will be April 3, 2019, 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 April 3, 2019, 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 October 1, 2018)

Director's Order Number One Hundred Forty-Seven (18)

Virginia Lottery's Computer-Generated Game "Virginia's New Year's Millionaire Raffle" Final Rules for Game Operation (effective November 6, 2018)

Director's Order Number One Hundred Forty-Eight (18)

Virginia Lottery's Scratch Game 1909 "Cash Payout" Final Rules for Game Operation (effective September 28, 2018)

Director's Order Number One Hundred Forty-Nine (18)

Virginia Lottery's Scratch Game 1908 "Straight 8s" Final Rules for Game Operation (effective September 28, 2018)

Director's Order Number One Hundred Fifty (18)

Virginia Lottery's Scratch Game 1944 "Combo Play" Final Rules for Game Operation (effective October 1, 2018)

Director's Order Number One Hundred Fifty-One (18)

Virginia Lottery's Scratch Game 1921 "$250,000 Fortune" Final Rules for Game Operation (effective October 1, 2018)

Director's Order Number One Hundred Fifty-Five (18)

Virginia Lottery's Super Bonus Crossword Promotion Final Rules for Operation (effective October 2, 2018)

VIRGINIA WASTE MANAGEMENT BOARD

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) 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 9VAC20-110, Regulations Governing the Transportation of Hazardous Materials. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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 October 29, 2018, and ends November 19, 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 Melissa Porterfield, Office of Regulatory Affairs, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@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.

STATE WATER CONTROL BOARD

Proposed Consent Order for Keswick Land Development Corporation

An enforcement action has been proposed for Keswick Land Development Corporation for violations of the State Water Control Law and regulations at the Keswick Mixed Use Development located in Spotsylvania County, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Keswick Mixed Use Development. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Benjamin Holland will accept comments by email at benjamin.holland@deq.virginia.gov, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from October 30, 2018, through November 29, 2018.

Proposed Enforcement Action for Department of the Navy, Commander, Navy Region Mid-Atlantic at Naval Air Station Oceana

An enforcement action has been proposed for Department of the Navy, Commander, Navy Region Mid-Atlantic at Naval Air Station Oceana for violations of the State Water Control Law in Virginia Beach, 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 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 October 29, 2018, to November 28, 2018.

Proposed Consent Order for Nielsen Builders Inc.

An enforcement action has been proposed for Nielsen Builders Inc. for violations at Kendal at Lexington Renovations and Expansion in the City of Lexington and Rockbridge County, Virginia. The State Water Control Board proposes to issue a consent order to Nielsen Builders 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 October 29, 2018, to November 30, 2018.

Notice of Community Meeting and Public Comment Period: Water Quality Study Total Maximum Daily Load for the North Fork Rivanna River

A public meeting will be held on October 30, 2018, at 6 p.m. at the Piedmont Virginia Community College Eugene Giuseppe Center in the Greene County Library Building, 222 South Main Street, Standardsville, VA 22973.

Purpose of notice: The Department of Environmental Quality (DEQ) and its contractors, James Madison University and 3E Consulting, will discuss the process that will be used to complete a water quality study known as a total maximum daily load (TMDL) for the North Fork Rivanna River and its tributaries. The river is listed on the § 303(d) TMDL Priority List and Report as impaired due to violations of Virginia's water quality standards for aquatic life use. This is an opportunity for local residents to learn about the condition of the river, share information about the area, and become involved in the process of local water quality improvement. In the case of inclement weather, the meeting will be held at the same location on November 7, 2018, at 5:30 p.m. and the 30-day public comment period will be extended accordingly.

Meeting description: A public informational meeting will be held to introduce the local community to the water quality improvement process in Virginia, known as the TMDL Process, provide information on biological monitoring efforts and sources, invite participation and solicit input, review the next steps, and accept volunteers to be part of a Technical Advisory Committee. Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia requires DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report. The meeting will be open to the public and all are welcome.

Description of study: The North Fork Rivanna River and several of its tributaries in Greene and Albemarle Counties have been placed on Virginia's impaired waters list for failing to support the benthic water quality standard (Table 1).  This standard is intended to protect the aquatic life designated use, which states that all of the Commonwealth's waterways will support a diverse and abundant population of aquatic life. This water quality study will include a benthic stressor analysis to determine the most likely pollutants responsible for the impairments, and it will report on the sources of these pollutants and recommend reductions to meet a total maximum daily load (TMDL) for the impaired stream segments. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality in the North Fork Rivanna River and its tributaries, pollutant levels will need to be reduced to the TMDL amount. Through this process, Virginia agencies will partner with a technical advisory committee (TAC) made up of local stakeholders to complete a benthic stressor analysis and identify pollutants of concern in the watershed in addition to pollutant sources and the reductions needed from these sources to meet the TMDL.  All are welcome to participate in this committee and TAC meetings are open to the public.

Table 1. Benthic impairments in the North Fork Rivanna River included in TMDL study.

How to comment and participate: All meetings in support of TMDL development are open to the public and all interested parties are welcome. Written comments will be accepted through November 29, 2018, 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 Nesha McRae, Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7850, FAX (540) 574-7878, or email nesha.mcrae@deq.virginia.gov.

Notice of Public Comment Period and Public Meeting - Fiscal Year 2019 Virginia Clean Water Revolving Loan Fund Intended Use Plan and Project Priority List

Introduction: Section 606 of the Water Quality Act of 1987 requires Virginia to develop an intended use plan (IUP) that identifies the uses of its Clean Water Revolving Loan Fund and to prepare a list of projects targeted for financial assistance with those funds. Following public comment and final State Water Control Board action, the list of targeted projects for financial assistance becomes the state's yearly clean water revolving loan project priority list (PPL) in the IUP.

Funds available: With substantial revenues coming in from our large loan portfolio, continued federal and state match funding, and moderate loan demand over the last several years, the Virginia Clean Water Revolving Loan Fund (VCWRLF) continues to maintain very healthy account balances. Therefore, even with the potential for reduction in federal appropriations this year, the accumulation of monies that have and will occur in the fund through loan payments, interest earnings, and de-allocations from leverage accounts will result in enough funding being available during the fiscal year (FY) 2019 funding cycle to fund all of the applications received. Final board approval of the list will not be requested until the December board meeting.

FY 2019 program development: On June 1, 2018, the staff solicited applications from the Commonwealth's localities and wastewater authorities as well as potential land conservation applicants and Brownfield remediation clientele. July 20, 2018, was established as the deadline for receiving applications. The Department of Environmental Quality (DEQ) received nine wastewater improvement applications requesting $77,912,523, two applications for living shoreline projects ($2,937,800), and one land conservation application for an additional $20,125,000, bringing the total amount requested to $100,975,323. All nine wastewater applications were evaluated in accordance with the program's funding distribution criteria. In keeping with the program objectives and funding prioritization criteria, the staff reviewed project type and impact on state waters, the locality's compliance history and fiscal stress, and the projects' readiness-to-proceed. The land conservation application was reviewed using the board's evaluation criteria, and the staff also received input from the Department of Conservation and Recreation in accordance with the board's guidelines and state law. The two living shoreline applications are not ranked. The list of applications in Attachment A is shown in priority funding order based on the board's prioritization criteria for each project type. Note that each project type (wastewater and land conservation) has separate priority ranking point systems that are not intended to be numerically compared from one type to the other. The recommended project funding list shown in Attachments A and B provides funding for all the applications received. All applications are considered to be of good quality and should provide significant water quality or environmental improvement. The staff is recommending that the list be tentatively adopted, subject to the verification of information in the loan applications and public review and comment.

Public participation: DEQ is presenting the draft list of targeted FY 2019 loan recipients for public review and comment. A public meeting will be held at 10 a.m. on Wednesday, November 7, 2018, in the 3rd Floor Conference Room, 1111 East Main Street, Richmond, VA 23219. The public review and comment period will end immediately following the public meeting. Comments or questions should be directed to DEQ staff person listed below. Written comments should include the name, address, and telephone number of the presenter.