Vol. 25 Iss. 24 - August 03, 2009



Total Maximum Daily Loads - Ash Camp Creek and Twittys Creek

The Department of Conservation and Recreation and the Department of Environmental Quality (DEQ) seek written and oral comments from interested persons on the development of an implementation plan (IP) for benthic total maximum daily loads (TMDLs) on the following impaired stream segments - 2.36 miles of Ash Camp Creek and 7.25 miles of Twittys Creek. The impaired stream segments are located in the south central region of Virginia in Charlotte County. The impaired water bodies are tributaries to the Roanoke Creek in the Roanoke River Basin.

TMDLs of impaired segments of the Ash Camp Creek and Twittys Creek were approved by the EPA on April 26, 2004, and on September 30, 2004, respectively. Approved reports can be found on DEQ's websites at:

Section 62.1-44.19:7 C of the Code of Virginia requires the development of an IP for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and their associated costs, benefits and environmental impacts.

The first public meeting on the development of the IP for the above impaired segments will be held on Monday, August 17, 2009, at 7 p.m. in the Charlotte County Board Room at the Charlotte County Administration Office Building located at 250 LeGrande Ave, Suite A, Charlotte Courthouse, VA 23923. After a one-hour public meeting, stakeholders will break into working group sessions to discuss agricultural and residential sources of pollutant, sediment, and begin the public participation input process for the implementation plan.

The public comment period will end on September 16, 2009. The fact sheets on the development of an IP for the above impaired segments are available upon request. Written comments and inquiries should include the name, address, and telephone number of the person submitting the comments and should be sent to Dr. Ram Gupta, Department of Conservation and Recreation, 101 North 14th St., 11th Floor, James Monroe Building, Richmond, VA 23219, email address, telephone (804) 371-0991.


Minimum Qualifications for Transportation of Prisoners by Private Companies

In compliance with § 19.2-108 of the Code of Virginia, the Department of Criminal Justice Services (DCJS) has established minimum qualifications for the transportation of prisoners by private companies. These qualifications may be found on the DCJS website at Under Quick Links, click on "DCJS establishes minimum qualifications for private prisoner transport companies." The qualifications may also be found under the "What's New" link in the left column of the home page.

Contact Information: Judith Kirkendall, Strategic Development and Research, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 786-8003, FAX (804) 225-3853, or email


Director's Orders

The following Director's Order of the State Lottery Department was filed with the Virginia Registrar of Regulations on July 10, 2009.

Director's Order Number Fifty-Eight (09)

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 July 31, 2009.

Game 638

Weekly Grand

Game 1017

Lucky Green

Game 1051


Game 1067

Poker Face

Game 1074

Roll 'Em

Game 1084

Cash Blast

Game 1186

Lucky 8's

Game 1092

Hit $500

Game 1098

Double It!

Game 1099

Find The 9's

The last day for lottery retailers to return for credit unsold tickets from any of these games will be September 4, 2009. The last day to redeem winning tickets for any of these games will be January 27, 2010, 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 January 27, 2010, 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 on the date of its signing and shall remain in full force and effect unless amended or rescinded by further Director's Order.

/s/ Paula I. Otto

Executive Director

July 9, 2009


Proposed Action - Miller Oil Co., Inc.

An enforcement action has been proposed for Miller Oil Co., Inc. for alleged violations at four facilities in Chesterfield, Henrico, and Dinwiddie Counties. The proposed enforcement action requires corrective action and a civil charge. A description of the proposed action is available at the DEQ office named below or online at Allison Dunaway will accept comments by email at, FAX (804) 527-5106 or postal mail at 4949-A Cox Road, Glen Allen, VA 23060 from August 3, 2009, to September 5, 2009.

Nutrient Waste Load Allocations - Petitions for Extension of Deadline for Public Comment Opportunity

Notice of action: The State Water Control Board (the board) is considering action on petitions to extend the deadline for securing a certificate to operate for footnoted nutrient waste load allocations in the Water Quality Management Planning Regulation (WQMP).

Purpose of notice: The board seeks comments through the Department of Environmental Quality (DEQ) on the petitions and the need for and impact of resulting regulatory action to extend any deadline.

Public comment period: July 24, 2009, to August 28, 2009.

Subject matter and intent of proposal: The 2009 General Assembly passed legislation (HB 1074/SB 1022) authorizing the board to adopt certain regulations relating to wastewater treatment plants. The board was directed to accept petitions through July 10, 2009, for the purpose of conducting an expedited rulemaking process involving plants with "footnoted" nutrient waste load allocations in the WQMP regulation. The footnotes provide conditional allocations that depend on the plant owner securing a Certificate to Operate (CTO) by December 31, 2010, for an expanded design flow. The petitions must be for the sole purpose of extending the deadline to no later than December 31, 2015. Owners submitting a petition are still required to comply with their nutrient allocations as of January 1, 2011, through the Nutrient Credit Exchange Program (§ 62.1-44.19:4 of the Code of Virginia) or by other means. The board must approve or deny these petitions and adopt any resulting regulation amendments within 180 days of the petition deadline. Before making a final decision on the petitions, the board shall provide an opportunity for public comment.

DEQ received petitions for seven plants by the deadline: (i) Cape Charles; (ii) Culpeper Co. - Mountain Run; (iii) Fauquier Co. W&SA - Remington; (iv) Fauquier Co. W&SA - Vint Hill; (v) Harrisonburg-Rockingham SA - North River; (vi) Onancock; and (vii) Shenandoah Co. - North Fork Regional. The petitions are accessible at the web link provided below.

The legislation also exempted the board's adoption of any resulting regulation amendments under this rulemaking from Article 2 (§ 2.2-4006 et seq. of the Code of Virginia) of the Administrative Process Act.

The regulation to be amended is the Water Quality Management Planning Regulation (9VAC25-720).

How to comment: DEQ accepts written comments by email and postal mail. Comments must include the full name, address, and telephone number of the person commenting and be received by DEQ by 5 p.m. on the last day of the comment period. Please include a copy of any supporting documents or exhibits, which become part of the public record.

To review documents: This public notice is available on the Town Hall website at, where interested persons may also submit electronic comments. The legislation and notification letter sent May 8, 2009, to affected plant owners and the petitions received by the July 10, 2009, deadline are available through the Department of Environmental Quality, Chesapeake Bay Program webpage at, or by contacting the Department of Environmental representative named below.

Contact for public comments, document requests, and additional information: John Kennedy, Department of Environmental Quality, Chesapeake Bay Program, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4312, or email


Notice to State Agencies

Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219.

Filing Material for Publication in the Virginia Register of Regulations

Agencies are required to use the Regulation Information System (RIS) when filing regulations for publication in the Virginia Register of Regulations. The Office of the Virginia Register of Regulations implemented a web-based application called RIS for filing regulations and related items for publication in the Virginia Register. The Registrar's office has worked 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.

The Office of the Virginia Register is working toward the eventual elimination of the requirement that agencies file print copies of regulatory packages. Until that time, agencies may file petitions for rulemaking, notices of intended regulatory actions and general notices in electronic form only; however, until further notice, agencies must continue to file print copies of proposed, final, fast-track and emergency regulatory packages.



Title of Regulation: 12VAC35-46. Regulations for Children's Residential Facilities.

Publication: 25:21 VA.R. 3912-3950 June 22, 2009.

Correction to Final Regulation:

Page 3929, 12VAC35-46-480 H, line 4, strike "(5VAC63)" insert "(13VAC5-63)"

VA.R. Doc. No. R09-1612


Title of Regulation: 4VAC10-30. Virginia State Forest Regulations.

Publication: 25:20 VA.R. 3473 June 8, 2009.

Correction to Notice of Intended Regulatory Action:

Page 3473, column 2, Department of Forestry, last line, after "VA.R. Doc. No.," change "R09-1822" to "R09-06"

VA.R. Doc. No. R09-06

* Notice of Repeal of Emergency Regulation (25:23 VA.R. 4231)