General Notices/Errata

Volume 31, Issue 16 Virginia Register of Regulations April 6, 2015

1408

private passenger type vehicle. Commercial policies endorsed 

to provide coverage for individuals must also provide this 

notice if the vehicle is a private passenger type vehicle.

Questions about this administrative letter should be directed 

to Joy Morton, MCM, Supervisor, P&C Market Conduct, 

telephone (804) 371-9540, or email 

joy.morton@scc.virginia.gov.

__________________________________

1 Additional information may be found in the Common Problems Found 

During Examinations Identified by the Property and Casualty Market 

Conduct and Consumer Services Sections that is located at

http://scc.virginia.gov/boi/laws.aspx.

/s/ Jacqueline K. Cunningham

Commissioner of Insurance

DEPARTMENT OF ENVIRONMENTAL QUALITY

State Implementation Plan Revision - Definition of 

Volatile Organic Compound

Notice of action: The Department of Environmental Quality 

(DEQ) is announcing an opportunity for public comment on a 

proposed revision to the Commonwealth of Virginia State 

Implementation Plan (SIP). The SIP is a plan developed by 

the Commonwealth in order to fulfill its responsibilities under 

the federal Clean Air Act to attain and maintain the ambient 

air quality standards promulgated by the U.S. Environmental 

Protection Agency (EPA) under the Act. The Commonwealth 

intends to submit regulation amendments to the EPA as a 

revision to the SIP in accordance with the requirements of 

§ 110(a) of the federal Clean Air Act.

Regulations affected: The regulation of the board affected by 

this action is 9VAC5-10, General Definitions (Revision H13).

Purpose of notice: DEQ is seeking comment on the issue of 

whether the regulation amendments should be submitted as a 

revision to the SIP.

Public comment period: April 6, 2015, through May 6, 2015.

Public hearing: A public hearing may be conducted if a 

request is made in writing to the contact listed below. In order 

to be considered, the request must include the full name, 

address, and telephone number of the person requesting the 

hearing and be received by DEQ by the last day of the 

comment period. Notice of the date, time, and location of any 

requested public hearing will be announced in a separate 

notice, and another 30-day comment period will be 

conducted.

Public comment stage: Because the regulation amendments 

have been adopted by the board in accordance with the 

Administrative Process Act and have subsequently become 

effective, DEQ is accepting comment only on the issue cited 

above under "purpose of notice" and not on the content of the 

regulation amendments.

Description of proposal: The proposed revision will consist of 

amendments to an existing regulation concerning the 

definition of volatile organic compound (VOC). EPA has 

revised the definition of volatile organic compound (VOC) to 

add trans 1-chloro-3,3,3-trifluoroprop-1-ene (also known as 

SolsticeTM 1233zd(E)) and 2,3,3,3-tetrafluoropropene (also 

known as HFO-1234yf) to the list of compounds excluded 

from the definition of VOC on the basis that these compounds 

make a negligible contribution to tropospheric ozone 

formation. The state definition must now be revised 

accordingly.

Federal information: This notice is being given to satisfy the 

public participation requirements of federal regulations (40 

CFR 51.102) and not any provision of state law. It is planned 

to submit all provisions of the proposal as a revision to the 

Commonwealth of Virginia SIP.

How to comment: DEQ 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 DEQ by the last 

day of the comment period. All comments, exhibits and 

documents received are part of the public record.

To review regulation documents: The proposal and any 

supporting documents are available on the DEQ Air Public 

Notices for Plans website at 

http://www.deq.state.va.us/Programs/Air/PublicNotices/airpla

nsandprograms.aspx. The documents may also be obtained by 

contacting the DEQ representative named below. The public 

may review the documents between 8:30 a.m. and 4:30 pm of 

each business day until the close of the public comment 

period at the following DEQ locations: 

1) Main Street Office, 8th Floor, 629 East Main Street, 

Richmond, VA, telephone (804) 698-4070, 

2) Southwest Regional Office, 355 Deadmore Street, 

Abingdon, VA, telephone (276) 676-4800, 

3) Blue Ridge Regional Office, Roanoke Location, 3019 

Peters Creek Road, Roanoke, VA, telephone (540) 562-

6700, 

4) Blue Ridge Regional Office, Lynchburg Location, 7705 

Timberlake Road, Lynchburg, VA, telephone (434) 582-

5120, 

5) Valley Regional Office, 4411 Early Road, Harrisonburg, 

VA, telephone (540) 574-7800, 

6) Piedmont Regional Office, 4949-A Cox Road, Glen 

Allen, VA, telephone (804) 527-5020, 

7) Northern Regional Office, 13901 Crown Court, 

Woodbridge, VA, telephone (703) 583-3800, and 

8) Tidewater Regional Office, 5636 Southern Boulevard, 

Virginia Beach, VA, telephone (757) 518-2000.
General Notices/Errata

Volume 31, Issue 16 Virginia Register of Regulations April 6, 2015

1409

Contact Information: Karen G. Sabasteanski, Department of 

Environmental Quality, 629 East Main Street, P.O. Box 1105, 

Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 

698-4510, or email karen.sabasteanski@deq.virginia.gov.

Total Maximum Daily Load for Upper Roanoke River

The Department of Environmental Quality (DEQ) seeks 

written and oral comments from interested persons on the 

development of an implementation plan (IP) for bacteria and 

sediment total maximum daily loads (TMDLs) on the main 

stem Upper Roanoke River and tributaries. The following is 

the name of the "impaired" stream, the length of the impaired 

segment and the reason for the impairment: Ore Branch, all, 

bacteria; Roanoke River, 29.56 miles, bacteria; Back Creek, 

9.88 miles, bacteria; Mason Creek, 7.56 miles, bacteria; 

Mudlick Creek, 7.28 miles, bacteria; Murray Run, 3.22 miles, 

bacteria; Peters Creek, 7.14 miles, bacteria; Tinker Creek, 

19.34 miles, bacteria; Carvin Creek, 5.36 miles, bacteria; 

Glade Creek, 12.59 miles, bacteria; Laymantown Creek, 2.07 

miles, bacteria; Lick Run, 9.37 miles, bacteria; Roanoke 

River, 20.04 miles, sediment. These portions of the Roanoke 

River watershed are located in Bedford, Botetourt, Floyd, 

Franklin, Craig, Montgomery, and Roanoke Counties, 

Roanoke City, and Salem.

In addition, the DEQ seeks written and oral comments from 

interested persons on the development of a TMDL 

implementation plan for the North Fork and South Fork 

Roanoke Rivers and tributaries. These streams were listed as 

impaired on the Virginia's § 303(d) TMDL Priority List and 

Report due to violations of the state's water quality standard 

for bacteria. The following is the name of the "impaired" 

stream, the length of the impaired segment, and the reason for 

the impairment: North Fork Roanoke River, 16.09 miles, 

bacteria; Wilson Creek and unnamed tributary to Wilson 

Creek, 6.99 miles, bacteria; Bradshaw Creek, 10.36, bacteria; 

South Fork Roanoke River, 17.31 miles, bacteria; and Goose 

Creek, 2.30 miles, bacteria. These stream segments are 

located in Montgomery County, Roanoke County, or Floyd 

County. 

The TMDL studies for these stream impairments were 

completed in February 2006, February 2006, and March 

2004, and can be found, respectively, in the Bacteria TMDLs 

for Wilson Creek, Ore Branch and Roanoke River 

Watersheds, Virginia report (available at 

http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/ap

ptmdls/roankrvr/uroanec.pdf), the Benthic TMDL 

Development for the Roanoke River, Virginia report 

(available at 

http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/ap

ptmdls/roankrvr/uroanbc.pdf), and the Fecal Coliform Total 

Maximum Daily Load Development for Glade Creek, Tinker 

Creek, Carvin Creek, Laymantown Creek and Lick Run 

report (available at 

http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/ap

ptmdls/roankrvr/tinkerfc.pdf). 

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. 

A public meeting will be held to discuss the draft 

implementation plan for the bacteria and sediment TMDLs on 

the main stem Upper Roanoke River, and tributaries that has 

been under development since June 2013. The public meeting 

will also kick off the development of an implementation plan 

focused on the North Fork Roanoke River, South Fork 

Roanoke River, and tributaries. At this meeting, the process 

by which an implementation plan was developed to restore 

water quality in the Upper Roanoke River watershed will be 

discussed, and citizens will learn how they can be part of the 

water quality improvement process. In addition, interested 

persons will have the opportunity to be involved in working 

groups to develop an implementation plan for the North Fork 

and South Fork Roanoke Rivers and tributaries.

The public meeting will be held at 6:30 p.m. on April 30, 

2015, at the Meadowbrook Center, 267 Alleghany Spring 

Road, Shawsville, VA 24162. 

DEQ accepts written comments by email, fax, or postal mail. 

The 30-day public comment period on the information 

presented at the meeting will end on June 1, 2015. Questions, 

information requests, and written comments and inquiries 

should include the name, address, and telephone number of 

the person submitting the comments and be sent to Mary 

Dail, Virginia Department of Environmental Quality, 3019 

Peters Creek Road, Roanoke, VA 24019, telephone (540) 

562-6715, FAX (540) 562.6725, or email 

mary.dail@deq.virginia.gov.

STATE BOARD OF HEALTH

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 Health is 

conducting a periodic review and small business impact 

review of 12VAC5-381, Regulations for the Licensure of 

Home Care Organization. The review of this regulation will 

be guided by the principles in Executive Order 17 (2014), 

available at http://dpb.virginia.gov/regs/EO17.pdf.

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