GENERAL NOTICES
Vol. 32 Iss. 3 - October 05, 2015

DEPARTMENT OF MINES, MINERALS AND ENERGY

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Mines, Minerals and Energy conducted a small business impact review of 4VAC25-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Department of Mines, Minerals and Energy is publishing its report of findings dated September 8, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation is mandated by statute. The department has determined this regulation is effective as currently written and does not burden small businesses.

Contact Information: Michael A. Skiffington, Program Support Manager, 1100 Bank Street, 8th Floor, Richmond, VA 23219, telephone (804) 692-3212, FAX (804) 692-3237, or email mike.skiffington@dmme.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Mines, Minerals and Energy conducted a small business impact review of the following regulations and determined that these regulations should be retained in their current forms. The Department of Mines, Minerals and Energy (DMME) is publishing its report of findings dated September 8, 2015, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

4VAC25-60, Rules and Regulations Governing the Installation and Use of Automated Temporary Roof Support Systems

4VAC25-70, Regulations Governing Disruption of Communications in Mines

4VAC25-101, Regulations Governing Vertical Ventilation Holes and Mining Near Gas and Oil Wells

4VAC25-110, Regulations Governing Blasting in Surface Mining Operations

4VAC25-120, Requirements for Installation and Use of Cabs and Canopies

These regulations are mandated by statute. In conjunction with the Virginia Coal Mine Safety Board, the Chief of DMME's Division of Mines has determined these regulations are effective as currently written and do not burden small businesses.

Contact Information: Michael A. Skiffington, Program Support Manager, 1100 Bank Street, 8th Floor, Richmond, VA 23219, telephone (804) 692-3212, FAX (804) 692-3237, or email mike.skiffington@dmme.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Enforcement Action for Heaven Scent, Inc.

An enforcement action has been proposed for Heaven Scent, Inc. for alleged violations of the State Water Control Law in Parksley, 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. Mr. Robin Schuhmann will accept comments by email at robin.schuhmann@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 5, 2015, through November 4, 2015.

Proposed Consent Order for Mr. B.G. Locher, Jr.

An enforcement action has been proposed for Mr. B.G. Locher, Jr. for violations in Rockbridge County, Virginia. The State Water Control Board proposes to issue a consent order to Mr. Locher 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 October 5, 2015, through November 5, 2015.

Total Maximum Daily Load Studies for Little Mosquito Creek and Assawoman Creek, Accomack County, Virginia

The Virginia Department of Environmental Quality (DEQ) will host a public meeting on water quality studies for Little Mosquito Creek and Assawoman Creek in Accomack County, on Thursday, October 15, 2015.

The meeting will start at 6 p.m. in the Chincoteague Bay Field Station, Classroom 200 located at 34001 Mill Dam Road, Wallops Island, VA 23337. The purpose of the meeting is to provide information and discuss the study with community members and local government.

Little Mosquito Creek and Assawoman Creek 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 dissolved oxygen and do not support the designated use for aquatic life.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop total maximum daily limits (TMDLs) for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report and subsequent water quality assessment reports.

During the study, DEQ will develop a TMDL for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL amount. The Department of Environmental Quality and other agencies are working to identify the sources of pollution in the watersheds of these streams.

The public comment period on materials presented at this meeting will extend from October 16, 2015, to November 16, 2015. For additional information or to submit comments, contact Jennifer Howell, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, telephone (757) 518-2111, or email jennifer.howell@deq.virginia.gov.

Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

Total Maximum Daily Load Study for Nassawadox Creek and Tributaries,
Northampton County, Virginia

The Department of Environmental Quality (DEQ) will host a public meeting on water quality studies for Nassawadox Creek and tributaries in Northampton County, on Thursday, October 22, 2015.

The meeting will start at 6:30 p.m. in the Exmore Town Hall, 3305 Main Street, Exmore, VA 23350. The purpose of the meeting is to provide information and discuss the study with community members and local government.

Nassawadox Creek and several tributaries have been identified in Virginia's 2014 Water Quality Assessment and Integrated Report as impaired due to violations of the state's water quality standards for shellfish and recreation uses due to elevated levels of 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 total maximum daily loads (TMDLs) for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report and subsequent water quality assessment reports.

During the study, DEQ will develop a total maximum daily load for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL amount. The Department of Environmental Quality and other agencies are working to identify the sources of pollution in the watersheds of these streams.

The public comment period on materials presented at this meeting will extend from October 23, 2015, to November 23, 2015. For additional information or to submit comments, contact Jennifer Howell, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, telephone (757) 518-2111, or email jennifer.howell@deq.virginia.gov.

Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: 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.

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 http://www.virginia.gov/connect/commonwealth-calendar.

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.

ERRATA

DEPARTMENT OF GENERAL SERVICES

Title of Regulation: 1VAC30-45. Certification for Noncommercial Environmental Laboratories.

Publication: 32:1 VA.R. 6-62 September 7, 2015.

Correction to Proposed Regulation:

Page 23, 1VAC30-45-95 B 1, line 2, after "Article" delete "2 (1VAC30-45-300 et seq.)" and insert "3 (1VAC30-45-500 et seq.)"

Page 23, 1VAC30-45-95 B 2, line 2, after "Article" delete "2 (1VAC30-45-300 et seq.)" and insert "3 (1VAC30-45-500 et seq.)"

VA.R. Doc. No. R12-3334; Filed September 11, 2015, 9:38 a.m.

Title of Regulation: 1VAC30-46. Accreditation for Commercial Environmental Laboratories.

Publication: 32:1 VA.R. 62-84 September 7, 2015.

Correction to Final Regulation:

Page 63, 1VAC30-46-30 D, line 5, strike "1VAC30-40" and insert "1VAC30-41"

Page 63, 1VAC30-46-40 B, last paragraph, line 1, after "Accreditation body" delete "of" and insert "or"

Page 72, column 1, 1VAC30-46-70 K 4, line 2, delete "TNI-accreditation" and insert "TNI accreditation"

VA.R. Doc. No. R12-3067; Filed September 9, 2015, 10:29 a.m.

MARINE RESOURCES COMMISSION

Title of Regulation: 4VAC20-720. Pertaining to Restrictions on Oyster Harvest.

Publication: 32:1 VA.R. 84-93 September 7, 2015.

Correction to Final Regulation:

Page 85, column 1, 4VAC20-720-15 D:

Line 1, after "D." delete "It" and insert "After November 30, 2015, it"

Line 5, after "harvest" delete "by" and insert "for either the"

Line 5, after "dredge" insert ", in one season or averaged over two seasons,"

Line 6, delete "either of those" and insert "the"

Line 6, after "gear" delete "licenses after November 30, 2015" and insert "license associated with less than 20 harvest days"

VA.R. Doc. No. R16-4483; Filed September 17, 2015, 12:55 p.m.

STATE BOARD OF SOCIAL SERVICES

Title of Regulation: 22VAC40-73. Standards for Licensed Assisted Living Facilities.

Publication: 32:1 VA.R. 174-233 September 7, 2015.

Correction to Proposed Regulation:

Page 187, 22VAC40-73-40 B 7, line 6, after "Article 1" delete "(§ 64.1-2000" and insert "64.2-2000"

Page 188, 22VAC40-73-60 A, line 3, delete ", §§ 59.1-479 through 59.1-501 of the Code of Virginia" and insert "(§ 59.1-479 et seq. of the Code of Virginia)"

VA.R. Doc. No. R12-3227; Filed September 11, 2015,  4:41 p.m.