STATE AIR POLLUTION CONTROL BOARD
State Implementation Plan Revision -
PM2.5 Infrastructure
Notice of action: The Department of Environmental Quality (DEQ)
is announcing an opportunity for public comment on a proposed plan to assure
necessary authorities are contained in the state implementation plan (SIP) for
the fine particulate matter (PM2.5) National Ambient Air Quality
Standard (NAAQS) supporting the infrastructure requirements of the federal
Clean Air Act (the Act). The Commonwealth intends to submit the plan as a
revision to the Commonwealth of Virginia SIP in accordance with the
requirements of § 110(a) of the Act. The SIP is the plan developed by the
Commonwealth in order to fulfill its responsibilities under the Act to attain and
maintain the ambient air quality standards promulgated by the U.S.
Environmental Protection Agency (EPA) under the Act.
Purpose of notice: DEQ is seeking comment on the issue of
whether the plan demonstrates the Commonwealth's compliance with federal Clean
Air Act requirements related to general state plan infrastructure for
controlling the interstate transport of air pollution for the PM2.5
NAAQS.
Public comment period: March 6, 2017, through April 6, 2017.
Public hearing: A public hearing will be conducted if a request
is made in writing to the contact listed at the end of this notice. In order to
be considered, the request must include the full name and address 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.
Description of proposal: The proposed revision consists of a
demonstration that Virginia meets the obligations of § 110(a)(2)(D)(i)(I)
with respect to the 2012 PM2.5 NAAQS. Section 110(a)(2)(D)(i)(I)
prohibits states from significantly contributing to nonattainment or
interfering with maintenance of a specific NAAQS in any downwind area:
"Each such plan shall contain adequate provisions prohibiting, consistent
with the provisions of this title, any source or other type of emissions
activity within the State from emitting any air pollution in amounts which will
contribute significantly to nonattainment in, or interfere with maintenance by,
any other state with respect to any such national primary or secondary ambient
air quality standard."
Federal information: This notice is being given to satisfy the
public participation requirements of federal regulations
(40 CFR 51.102). The proposal will be submitted as a revision to the
Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act
in accordance with 40 CFR 51.104. It is planned to submit all provisions
of the proposal as a revision to the 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 information received is part of the
public record.
To review proposal: 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/airplansandprograms.aspx. The documents may also be
obtained by contacting the DEQ representative named at the end of this notice.
The public may review the documents between 8:30 a.m. and 4:30 p.m.
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.
Contact Information: Doris A. McLeod, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218,
telephone (804) 698-4197, FAX (804) 698-4510, or email doris.mcleod@deq.virginia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Spout Springs Solar LLC Notice of
Intent for Small Renewable Energy (Solar) Project Permit by Rule - Appomattox
County
Spout Springs Solar LLC has provided the Department of
Environmental Quality a notice of intent to submit the necessary documentation
for a permit by rule for a small renewable energy project (solar) in Appomattox
County pursuant to 9VAC15-60. The project is located on two parcels totaling
298 acres off Richmond Highway, Route 460 approximately 3.5 miles west of the
town of Appomattox. The project will have a rated capacity of up to 20
megawatts alternating current and comprise approximately 65,000 solar
photovoltaic panels situated on approximately 80 to 85 acres.
Contact Information: Mary E. Major, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218,
telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.
Virginia Solar LLC Notice of Intent
for Small Renewable Energy (Solar) Project Permit by Rule - Culpeper County
Virginia Solar LLC has provided a notice of intent to submit
the necessary documentation for a permit by rule for a small renewable energy
project (solar) in Culpeper County pursuant to 9VAC15-60. The project, Brandy
Station, will be located on 180 acres across multiple parcels on land north of
Greens Corner Road, west of Stevensburg Road, and east of Glen Ella Road. The
solar project conceptually consists of 88,209 320-watt panels plus nine
2.5-megawatt inverters, which will provide a maximum 20 megawatts of nameplate
capacity.
Contact Information: Mary E. Major, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218,
telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.
Solar Access Development Group, LLC
Withdrawal of Notice of Intent for Small Renewable Energy (Solar) Project
Permit by Rule - Culpeper County
Solar Access Development Group, LLC notified the Department of
Environmental Quality that the notice of intent to submit a permit by rule
application for the construction of a 20-megawatt alternating current solar
facility located in Stevensburg in Culpeper County on 210 acres north of the
intersection of Fairfield Lane and York Road and to the east of Stevensburg
Road is being withdrawn. The original notice of intent was published in the
Virginia Register on September 5, 2016, Volume 33, Issue 1.
Contact Information: Mary E. Major, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23238,
telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.
Halifax Solar LLC Notice of Intent for
Small Renewable Energy (Solar) Project Permit by Rule - Halifax County
Halifax Solar, LLC has provided the Department of Environmental
Quality with a notice of intent to submit the necessary documentation for a
permit by rule for a small renewable energy project (solar) in Halifax County
pursuant to 9VAC15-60. The project is located on a single parcel totaling 125
acres located off Dryburg Road, Route 716 at the intersection of Route 360 in
Clover, Virginia. The project will have a rated capacity of up to 15 megawatts
alternating current and comprise approximately 55,000 solar photovoltaic panels
situated on approximately 87 acres.
Contact Information: Mary E. Major, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23238,
telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.
Hickory Solar 1 LLC Notice of Intent
for Small Renewable Energy (Solar) Project Permit by Rule - Chesapeake
Hickory Solar 1, LLC has provided the Department of
Environmental Quality a notice of intent to submit the necessary documentation
for a permit by rule for a small renewable energy project (solar) in Chesapeake
pursuant to 9VAC15-60. The project is located on a single parcel totaling 154.5
acres off Ballentine Road near Battlefield Boulevard in Hickory, Virginia. The
project will have a rated capacity of up to 20 megawatts alternating current
and comprise approximately 90,000 solar photovoltaic panels situated on
approximately 90 acres.
Contact Information: Mary E. Major, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23238,
telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.
Hickory Solar 2 Notice of Intent for
Small Renewable Energy (Solar) Project Permit by Rule - Chesapeake
Hickory Solar 2, LLC has provided the Department of
Environmental Quality with a notice of intent to submit the necessary
documentation for a permit by rule for a small renewable energy project (solar)
in Chesapeake pursuant to 9VAC15-60. The project is located on a single parcel
totaling 154.5 acres off Ballentine Road near Battlefield Boulevard in Hickory,
Virginia. The project will have a rated capacity of up to 15 megawatts
alternating current and comprise approximately 55,000 solar photovoltaic panels
situated on approximately 60 acres.
Contact Information: Mary E. Major, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23238,
telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.
Sydnor Solar Farm LLC Notice of Intent
for Small Renewable Energy (Solar) Project Permit by Rule - Mecklenburg County
On February 6, 2017, Sydnor Solar Farm, LLC provided the
Department of Environmental Quality with a notice of intent to submit the
necessary documentation for a permit by rule for a small renewable solar energy
project. Sydnor Solar Farm, LLC is proposing to develop a nine-megawatt solar
farm to be located in Mecklenburg County. The Sydnor Solar Farm Project will
use 40.9 acres of land and be located at 80 Carter's Point Road in the
southwest corner of Mecklenburg County off of highway 58 in unincorporated
Buffalo Junction. The solar farm will utilize traditional photovoltaic modules
on a fixed ground mount system.
Contact Information: Mary E. Major, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23238,
telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.
Pamplin Solar LLC Notice of Intent for
Small Renewable Energy (Solar) Project Permit by Rule - Appomattox County
Pamplin Solar LLC has provided the Department of Environmental
Quality with a notice of intent to submit the necessary documentation for a
permit by rule for a small renewable energy project (solar) in Appomattox
County pursuant to 9VAC15-60. The project is located on a single parcel
totaling 114 acres off Highway 460 between Morning Star Road and Cavalier Lane
approximately four miles southeast of Appomattox. The project will have a rated
capacity of up to 20 megawatts alternating current and comprise approximately
65,000 solar photovoltaic panels situated on approximately 82 acres.
Contact Information: Mary E. Major, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23238,
telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.
Rives Road Solar LLC Notice of Intent
for Small Renewable Energy (Solar) Project Permit by Rule - Prince George
County
Rives Road Solar, LLC has provided the Department of
Environmental Quality with a notice of intent to submit the necessary
documentation for a permit by rule for a small renewable energy project (solar)
in Prince George County pursuant to 9VAC15-60. The project is located on two
parcels totaling 148 acres off Rives Road at Interstate 295 in South Prince
George, Virginia. The project will have a rated capacity of up to 20 megawatts
alternating current and comprise approximately 65,000 solar photovoltaic panels
situated on approximately 75 acres.
Contact Information: Mary E. Major, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23238,
telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.
FORENSIC SCIENCE 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 Forensic Science Board is currently
reviewing each of the regulations listed below to determine whether the
regulation should be repealed, amended, or retained in its current form. The
review of each regulation will be guided by the principles in Executive Order
17 (2014). 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.
6VAC40-11, Public Participation Guidelines
6VAC40-20, Regulations for Breath Alcohol Testing
6VAC40-30, Regulations for the Approval of Field Tests for
Detection of Drugs
6VAC40-40, Regulations for the Implementation of the Law
Permitting DNA Analysis upon Arrest for All Violent Felonies and Certain Burglaries
6VAC40-50, Regulations for the Approval of Marijuana Field
Tests for Detection of Marijuana Plant Material
6VAC40-60, DNA Data Bank Regulations
The comment period begins March 6, 2017, and ends March 31,
2017.
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.
Contact Information: Amy M. Curtis, Department Counsel,
Department of Forensic Science, 700 North 5th Street, Richmond, VA 23219,
telephone (804) 786-2281, FAX (804) 786-6857, or email amy.curtis@dfs.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 State Board of Health is currently
reviewing each of the regulations listed below to determine whether the
regulation should be repealed, amended, or retained in its current form. The
review of each regulation will be guided by the principles in Executive Order
17 (2014). 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.
12VAC5-220, Virginia Medical Care Facilities Certificate of
Public Need Rules and Regulations
12VAC5-408, Certificate of Quality Assurance of Managed Care
Health Insurance Plan Licensees
The comment period begins March 6, 2017, and ends March 27,
2017.
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.
Contact Information: Erik Bodin, Director, Virginia
Department of Health, Office of Licensure and Certification, 9960 Mayland
Drive, Suite 401, Henrico, VA 23233, telephone (804) 367-2102, FAX (804)
527-4502, or email erik.bodin@vdh.virginia.gov.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Changes to Supplemental Payments for
Private Hospital Partners of Type One Hospitals
Notice of Intent to Amend the Virginia
State Plan for Medical Assistance Pursuant to § 1902(a)(13) of the Act
(USC 1396a(a)(13))
The Virginia Department of Medical Assistance Services (DMAS)
hereby affords the public notice of its intention to amend the Virginia State
Plan for Medical Assistance to provide for changes to the Methods and Standards
for Establishing Payment Rates-Inpatient Hospital Services (12VAC30-70) and
Methods and Standards for Establishing Payment Rates; other Types of Care
(12VAC30-80).
This notice is intended to satisfy the requirements of
42 CFR § 447.205 and of § 1902(a)(13) of the Social Security
Act, 42 USC § 1396a(a)(13). A copy of this notice is available for
public review from William Lessard, Provider Reimbursement Division, Department
of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA
23219. Comments or inquiries may be submitted, in writing, within 30 days of
this notice publication to Mr. Lessard and such comments are available for
review at the same address.
Public Comment Period: February 10, 2017, through March
13, 2017.
DMAS is specifically soliciting input from stakeholders,
providers, and beneficiaries on the potential impact of the proposed change in
supplemental payments for private hospital partners of Type One hospitals as it
relates to institutional provider rates.
Comments may be submitted, in writing, on the Town Hall public
comment forum attached to this notice at http://townhall.virginia.gov/L/Forums.cfm.
This notice is available for public review on the Regulatory Town Hall at http://www.townhall.virginia.gov,
on the General Notices page, found at https://townhall.virginia.gov/L/generalnotice.cfm.
Reimbursement Changes Affecting Inpatient Hospital Services
(12VAC30-70) and Other Types of Care (12VAC30-80). Hospital inpatient and
outpatient reimbursement is being amended to change supplemental payments for
private hospital partners of Type One hospitals by adding new qualifying
hospitals. The State Plan supplemental payment provisions currently only apply
to Culpeper Hospital. This amendment will add Haymarket and Prince William
hospitals, where the University of Virginia has a minority ownership.
DMAS estimates that this will increase Medicaid reimbursement
by $6,783,000 annually.
Contact Information: Emily McClellan, Regulatory
Manager, Department of Medical Assistance Services, Division of Policy and
Research, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone
(804) 371-4300, FAX (804) 786-1680, or email emily.mcclellan@dmas.virginia.gov.
Increase Rates for Existing Substance
Use Disorder Services
Notice of Intent to Amend the Virginia
State Plan for Medical Assistance Pursuant to § 1902(a)(13) of the Act
(USC 1396a(a)(13))
The Virginia Department of Medical Assistance Services (DMAS)
hereby affords the public notice of its intention to amend the Virginia State
Plan for Medical Assistance to provide for changes to the Methods and Standards
for Establishing Payment Rates; other Types of Care (12VAC30-80).
This notice is intended to satisfy the requirements of
42 CFR 447.205 and of § 1902(a)(13) of the Social Security Act,
42 USC § 1396a(a)(13). A copy of this notice is available for public
review from William Lessard, Provider Reimbursement Division, Department of
Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA
23219, or via email at william.lessard@dmas.virginia.gov.
DMAS is making this change in its methods and standards for
setting payment rates for services to comply with the legislative mandates set
forth in Item 306 of Chapter 780 of the 2016 Acts of Assembly.
Reimbursement Changes Affecting Other Providers (12VAC30-80). Increase
rates for existing substance use disorder services, effective April 1, 2017.
The expected annual increase in expenditures for the rate
increase is $1,460,647 for three months in SFY 17 and $3,911,066 for SFY 18.
Contact Information: Emily McClellan, Regulatory
Manager, Department of Medical Assistance Services, Division of Policy and
Research, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone
(804) 371-4300, FAX (804) 786-1680, or email emily.mcclellan@dmas.virginia.gov.
STATE WATER CONTROL BOARD
Proposed Consent Order for Coverstone Associates
An enforcement action has been proposed for Coverstone Associates, a Virginia Limited Partnership
in Prince William County. The consent order describes a settlement to resolve
violations of State Water Control Law and the applicable regulations associated
with the Coverstone Apartments Oil Discharge.
A description of the proposed action is available at the Department of Environmental
Quality office named below or online at www.deq.virginia.gov. Daniel Burstein
will accept comments by email at daniel.burstein@deq.virginia.gov or by postal mail at
Department of Environmental Quality, Northern Regional Office, 13901 Crown
Court, Woodbridge, VA 22193, from March 7, 2017, through April 6, 2017.
Proposed Consent Order for Highland
County School Board
An enforcement action has been proposed
for the Highland County School Board for
violations at the Highland County High School in Monterey, Virginia. The State
Water Control Board proposes to issue a consent order to the Highland
County School Board 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 February 20, 2017, to March 22, 2017.
Proposed Consent Order for Julius
Morris, Trustee of the Sunnyside Land Trust
An enforcement action has been proposed for Julius Morris,
Trustee of the Sunnyside Land Trust (Trustee) for violations at Barrington
Place in Greene County, Virginia. The State Water Control Board proposes to
issue a consent order to Trustee 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 March 6, 2017, to
April 5, 2017.
Notice of Public Meeting and Public
Comment on Modifications to Several Total Maximum Daily Loads of Waters in the
Cities of Hampton, Newport News, and Poquoson and York County
The Department of Environmental Quality (DEQ) will host a
public meeting to provide information and obtain public comment on
modifications to the total maximum daily loads (TMDLs) developed for Poquoson
River and Back River, along with several tributaries, located in the Cities of Hampton,
Newport News, and Poquoson and York County. The meeting will be held Thursday,
March 16, 2017, at 6 p.m. at the Sandy Bottom Nature Park Conference Room
located at 1255 Big Bethel Road, Hampton VA 23666. In the event of inclement
weather, an alternative meeting date is scheduled at the same location for
March 27, 2017.
The purpose of the meeting is to provide information and
discuss the draft modifications of the TMDLs with community members and local
government. Beginning March 16, 2017, the draft reports of the modified TMDLs
can be found at http://www.deq.virginia.gov/Programs/Water
/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.
Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of
the State Water Control Law require the DEQ to develop TMDLs for pollutants
responsible for each impaired water contained in Virginia's § 303(d) TMDL
Priority List and Report. A component of a TMDL is the wasteload allocation
(WLA); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of
the Administrative Process Act for any future adoption of the TMDL WLAs. An
advisory committee to assist in development of this TMDL was convened on
December 10, 2014. Information on the development of the TMDLs for the
impairments is available upon request.
Poquoson River, Hodges Creek, Lyons Creek, Floyds Bay, White
House Cove, Bennett Creek, Patricks Creek, Chisman Creek, Goose Creek, Lambs
Creek, Upper Boathouse Creek, and Back 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 recreation, bacteria and shellfish
consumption, bacteria (Enterococci and fecal coliform) and do not support the
designated uses.
A total maximum daily load of Enterococci and fecal coliform
was developed to address the bacterial impairments in the waterways and cities
mentioned above. This TMDL was approved by the U.S. Environmental Protection
Agency on March 19, 2014. The report is available at http://www.deq.virginia.gov/Portals/0/DEQ/Water/TMDL/apptmdls/baycoast/Poquoson_River_10Feb2014.pdf.
The Back River watershed includes the Northwest and Southwest
Branches, Brick Kiln Creek, Newmarket Creek, Cedar Creek, Harris River, Long
and Grunland Creeks, Tabbs Creek, Topping Creek, and Wallace Creek. These
waterbodies were also identified in Virginia's 2014 Water Quality Assessment
and Integrated Report as impaired due to violations of the state's water
quality standards for recreation, bacteria and shellfish consumption, bacteria
(Enterococci and fecal coliform) and do not support the designated uses.
A total maximum daily load of Enterococci and fecal coliform
was developed to address the bacterial impairments in the waterways and cities
mentioned above. This TMDL was approved by the U.S. Environmental Protection
Agency on April 24, 2014. The report is available at: http://www.deq.virginia.gov/Portals/0/DEQ/Water/TMDL/apptmdls/baycoast/Back_River_11feb2014.pdf.
The public comment period on materials presented at this
meeting will extend from March 17, 2017, to April 17, 2017. Please note, all
written comments should include the name, address, and telephone number of the
person submitting the comments and should be sent to Rachel Hamm, Department of
Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard,
Virginia Beach, VA 23462, telephone (757) 518-2024, or email rachel.hamm@deq.virginia.gov.
Notice of Intent Regarding § 401
Water Quality Certification of Norfolk District Army Corps of Engineers 2017
Nationwide Permits
Pursuant to Virginia water protection (VWP) permit regulation
9VAC25-210-130 H, the Department of Environmental Quality (DEQ), under the
authority of the State Water Control Board (Board), is giving notice of its
intent to provide § 401 Water Quality Certification, as detailed in this
notice, for activities authorized by the U.S. Army Corps of Engineers (USACE)
Norfolk District Regional 2017 Nationwide Permits (NWPs) listed in this notice,
after considering public comment for a 30-day period starting February 15,
2017.
On January 6, 2017, the USACE Norfolk District published a
notice in the Federal Register announcing the reissuance of all 50 existing
nationwide permits (NWPs), general conditions, and definitions with some
modifications. The Corps also issued two new NWPs, one new general condition,
and five new definitions. The 2017 NWPs will go into effect on March 19, 2017,
and will expire on March 18, 2022.
DEQ, under the authority of the Board, may only issue final
§ 401 Certification decisions on a nationwide or regional USACE permit if
the permit meets the requirements of the VWP regulation, as well as having
advertised and accepted public comment for 30 days on its intent to provide,
deny, or condition the certification. Therefore, DEQ will issue its final
§ 401 Water Quality Certification decision on the NWPs at the end of the
public comment process.
Written comments, including those by email, must be received no
later than 11:59 p.m. on March 17, 2017, and should be submitted to
Steven Hardwick at Department of Environmental Quality, 629 East Main Street,
P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4168, or email steven.hardwick@deq.virginia.gov. Only those
comments received within this period will be considered by DEQ. Written
comments shall include the name, address, and telephone number of the writer
and shall contain a complete, concise statement of the factual basis for
comments.
The details of the DEQ's preliminary decision are:
|
Nationwide Permit
|
Tentative § 401 Certification (*indicates a
change from existing certification)
|
Conditions (underline indicates a change)
|
|
NWP 1 – Aids to Navigation
|
Unconditional
|
|
|
NWP 2 – Structures in
Artificial Canals
|
Unconditional
|
|
|
NWP 3 – Maintenance
|
Conditional*
|
provided that: (1) the
deviations from the original configuration or filled area do not change the
character, scope, or size of the original design or DEQ-approved alternative
design; (2) the discharge does not: a) include changes to water withdrawal
structures, such as the maintenance of an intake, weir, or water diversion
structure, that could increase the withdrawal; b) increase the capacity of an
impoundment; or c) alter instream flows; (3) any compensatory mitigation meets
the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C,
except in the absence of same river watershed alternatives in Hydrologic Unit
Codes (HUC) 02040303 and 02040304, single family dwellings or locality
projects may use compensatory mitigation in HUC 02080102, 02080108, 02080110,
or 02080111 in Virginia.
|
|
NWP 4 –
Fish and Wildlife
Harvesting, Enhancement, and Attraction Devices and Activities
|
Unconditional
|
|
|
NWP 5 – Scientific
Measurement Devices
|
Unconditional
|
|
|
NWP 6 – Survey Activities
|
Unconditional
|
|
|
NWP 7 – Outfall Structures
and Associated Intake
Structures
|
Conditional
|
provided that: (1) the structure or maintenance is not
associated with intake structures; (2) any compensatory mitigation meets
the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C, except in the absence of same
river watershed alternatives in Hydrologic Unit Codes (HUC) 02040303 and
02040304, single family dwellings or locality
projects may use compensatory mitigation in HUC 02080102, 02080108, 02080110,
or 02080111 in Virginia.
|
|
NWP
8 – Oil and Gas Structures on
the Outer Continental Shelf
|
Unconditional
|
|
|
NWP 9 – Structures in
Fleeting and Anchorage
Areas
|
Unconditional
|
|
|
NWP 10 – Mooring Buoys
|
Unconditional
|
|
|
NWP 11 – Temporary
Recreational Structures
|
Unconditional
|
|
|
NWP 12 – Utility Line
Activities
|
Conditional
|
provided that: (1) the
activities are not associated with a
surface water withdrawal or the transport of non-potable raw surface water,
except for the purpose of hydrostatic testing and when the associated
discharges are authorized by a VPDES permit, if required; (2) any compensatory mitigation meets
the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C, except in the absence of same
river watershed alternatives in Hydrologic Unit Codes (HUC) 02040303 and
02040304, single family dwellings or locality
projects may use compensatory mitigation in HUC 02080102, 02080108, 02080110,
or 02080111 in Virginia; (3) temporary diversions of surface water associated
with "pump arounds" during the construction of utility crossings
are specifically allowed.
|
|
NWP 13 – Bank Stabilization
|
Conditional*
|
provided that: (1) the
stabilization activities do not permanently impact more than 1,500 linear
feet of any type of nontidal stream bed, regardless of any waiver decision
made by the USACE; (2) any
compensatory mitigation meets the requirements in the Code of Virginia,
Section 62.1-44.15:23 A through C, except in the absence of same river
watershed alternatives in Hydrologic Unit Codes (HUC) 02040303 and 02040304,
single family dwellings or locality projects may use compensatory mitigation
in HUC 02080102, 02080108, 02080110, or 02080111 in Virginia.
|
|
NWP 14 – Linear
Transportation Projects
|
Conditional
|
(1) unless otherwise covered under of
the Norfolk District State Program General Permit SPGP-01, or other
subsequent SPGPs; (2) provided
that any compensatory mitigation meets the requirements in the Code of
Virginia, Section 62.1-44.15:23 A through C, except in the absence of same
river watershed alternatives in Hydrologic Unit Codes (HUC) 02040303 and
02040304, single family dwellings or locality
projects may use compensatory mitigation in HUC 02080102, 02080108, 02080110,
or 02080111 in Virginia.
|
|
NWP
15 – U.S. Coast Guard
Approved Bridges
|
Unconditional
|
|
|
NWP 16 – Return Water
From Upland Contained
Disposal Areas
|
Conditional
|
provided that: (1) the associated dredging does not
otherwise require issuance of an a Virginia Water Protection Individual permit or General Virginia Water Protection Permit permit coverage from VDEQ; (2) any compensatory mitigation meets
the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C.
|
|
NWP 17 – Hydropower
Projects
|
Denied
|
|
|
NWP 18 – Minor
Discharges
|
Conditional
|
provided that: (1) the
discharge does not include water withdrawals, such as the construction of an
intake structure, weir, or water diversion structure, or
other structure transporting non-potable raw surface water; (2) a
Virginia Pollutant Discharge Elimination System (VPDES) permit is obtained
prior to the placement of any alternative septic system discharging into
Virginia Department of Health (VDH) designated shellfish waters; (3) any compensatory mitigation meets
the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C, except in the absence of same river
watershed alternatives in Hydrologic Unit Codes (HUC) 02040303 and 02040304,
single family dwellings or locality
projects may use compensatory mitigation in HUC 02080102, 02080108, 02080110,
or 02080111 in Virginia.
|
|
NWP 19 – Minor Dredging
|
Conditional
|
provided that: (1) the dredging is not used to create a
deep space for water withdrawal; (2) any
compensatory mitigation meets the requirements in the Code of Virginia,
Section 62.1-44.15:23 A through C, except
in the absence of same river watershed alternatives in Hydrologic Unit Codes
(HUC) 02040303 and 02040304, single family dwellings or locality projects may use
compensatory mitigation in HUC 02080102, 02080108, 02080110, or 02080111 in
Virginia.
|
|
NWP 20 – Response
Operations for Oil or
Hazardous Substances
|
Unconditional
|
|
|
NWP 21 – Surface Coal
Mining Activities
|
Conditional
|
(1) unless otherwise covered under of
the Norfolk District State Program General Permit SPGP-01, or other
subsequent SPGPs; (2) provided
that any compensatory mitigation meets the requirements in the Code of
Virginia, Section 62.1-44.15:23 A through C.
|
|
NWP 22 – Removal of
Vessels
|
Unconditional
|
|
|
NWP
23 – Approved
Categorical Exclusions
|
Conditional*
|
provided
that: (1) the discharge does not include water withdrawals, such as the construction
of an intake structure, weir, or water diversion structure; (2) any compensatory mitigation meets
the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C,
except in the absence of same river watershed alternatives in Hydrologic Unit
Codes (HUC) 02040303 and 02040304, single family dwellings or locality
projects may use compensatory mitigation in HUC 02080102, 02080108, 02080110,
or 02080111 in Virginia.
|
|
NWP 24 – Indian Tribe or
State Administered Section
404 Program
|
Not Applicable in VA
|
|
|
NWP 25 – Structural
Discharges
|
Conditional
|
provided that: (1) the discharge does not include
structures such as pilings to construct a platform to mount a pump for water
withdrawals; (2) any
compensatory mitigation meets the requirements in the Code of Virginia,
Section 62.1-44.15:23 A through C, except
in the absence of same river watershed alternatives in Hydrologic Unit Codes
(HUC) 02040303 and 02040304, single family dwellings or locality projects may use
compensatory mitigation in HUC 02080102, 02080108, 02080110, or 02080111 in
Virginia.
|
|
NWP 27 – Aquatic Habitat Restoration,
Enhancement, and Establishment Activities
|
Conditional
|
provided that: (1) when
used to permit a wetland or
stream mitigation bank or in-lieu fee mitigation site,
compensation for any surface water impacts shall
be debited from the bank or in-lieu fee credits; (2) natural stream channel design shall be used for stream
restoration projects; (3) monitoring for performance of these sites shall be conducted including submittal of as-built
plans, surveys, and photographs and
reports submitted at the as-built and post-construction monitoring years, at
a frequency and duration adequate to observe performance according to project
objectives. If there is no monitoring schedule otherwise specified, then an
as-built and a minimum of five years of post-construction monitoring will be
required. The as-built report may include final grade topographic surveys
(plan, profile, and cross sections, as appropriate), final location of all
planted riparian buffer vegetation (as appropriate), site photographs, and a
discussion of project design versus as-built conditions. Each
post-construction monitoring report may include comparison of as-built to
monitoring year surveys and (plan, profile, and cross sections, as
appropriate), vegetation surveys (as appropriate), site photographs, and a discussion of project
performance; (4) Dam
removal for those dams meeting the following limits: a) less than 25 feet in
height with a maximum impoundment capacity of less than 15 acre-feet or b)
less than six feet in height with a maximum impounding capacity less than 50
acre-feet, or c) dams operated primarily for agricultural purposes which are
less than 25 feet in height or which create a maximum impoundment capacity
smaller than 100 acre-feet. temporary
diversions of surface water associated with "pump arounds" during
the construction of stream or wetland restoration and/or creation areas are
specifically allowed; (5) any
compensatory mitigation meets the requirements in the Code of Virginia,
Section 62.1-44.15:23 A through C.
|
|
NWP 28 – Modifications of Existing Marinas
|
Unconditional
|
|
|
NWP 29 – Residential
Developments
|
Conditional
|
(1) unless
otherwise covered under of the Norfolk District State Program General Permit
SPGP-01, or other subsequent SPGPs; (2) provided that any compensatory
mitigation meets the requirements in the Code of Virginia, Section
62.1-44.15:23 A through C, except
in the absence of same river watershed alternatives in Hydrologic Unit Codes
(HUC) 02040303 and 02040304, single family dwellings or locality projects may use
compensatory mitigation in HUC 02080102, 02080108, 02080110, or 02080111 in
Virginia.
|
|
NWP
30 – Moist Soil
Management for Wildlife
|
Unconditional
|
|
|
NWP 31 – Maintenance of Existing Flood
Control Facilities
|
Unconditional
|
|
|
NWP 32 – Completed
Enforcement Actions
|
Conditional
|
provided that: (1) the impact does not exceed 2 acres
of wetlands or 1,500 linear feet of stream bed and only past
unauthorized impacts are addressed; (2) any compensatory mitigation meets
the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C, except in the absence of same
river watershed alternatives in Hydrologic Unit Codes (HUC) 02040303 and
02040304, single family dwellings or locality
projects may use compensatory mitigation in HUC 02080102, 02080108, 02080110,
or 02080111 in Virginia.
|
|
NWP
33 – Temporary
Construction, Access, and
Dewatering
|
Unconditional
|
|
|
NWP 34 – Cranberry
Production Activities
|
Unconditional
|
|
|
NWP 35 – Maintenance
Dredging of Existing Basins
|
Unconditional
|
|
|
NWP 36 – Boat Ramps
|
Unconditional
|
|
|
NWP 37 – Emergency
Watershed Protection and
Rehabilitation
|
Unconditional
|
|
|
NWP 38 – Cleanup of
Hazardous and Toxic Waste
|
Unconditional
|
|
|
NWP 39 – Commercial and
Institutional Developments
|
Suspended for use in VA
|
|
|
NWP 40 – Agricultural
Activities
|
Conditional
|
(1) except for the location of
concentrated animal feeding operations or waste storage facilities in surface
waters; (2) except for activities
associated with intake structures or impoundments in surface waters; (3) provided that any compensatory
mitigation meets the requirements in the Code of Virginia, Section
62.1-44.15:23 A through C.
|
|
NWP 41 – Reshaping
Existing Drainage Ditches
|
Conditional
|
provided that: (1) the impact does not exceed 2 acres
of wetlands or 1,500 linear feet of stream bed; (2) any compensatory mitigation meets
the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C, except in the absence of same
river watershed alternatives in Hydrologic Unit Codes (HUC) 02040303 and
02040304, single family dwellings or locality
projects may use compensatory mitigation in HUC 02080102, 02080108, 02080110,
or 02080111 in Virginia.
|
|
NWP 42 – Recreational
Facilities
|
Conditional
|
provided that: (1) the
facility does not include an impoundment for irrigation; (2) compensation is
required for wetland and/or or stream loss due to direct impacts and or permanent back flooding; (3) any compensatory mitigation meets
the requirements in the Code of Virginia, Section 62.1-44.15:23 A through C.
|
|
NWP 43 – Stormwater
Management Facilities
|
Conditional
|
provided that: (1) the facility is not associated with
a water withdrawal; (2) any
compensatory mitigation meets the requirements in the Code of Virginia,
Section 62.1-44.15:23 A through C, except
in the absence of same river watershed alternatives in Hydrologic Unit Codes
(HUC) 02040303 and 02040304, single family dwellings or locality projects may use
compensatory mitigation in HUC 02080102, 02080108, 02080110, or 02080111 in
Virginia.
|
|
NWP 44 – Mining Activities
|
Conditional
|
provided that: (1) the activity is not for hydraulic
dredging; (2) any
compensatory mitigation meets the requirements in the Code of Virginia,
Section 62.1-44.15:23 A through C.
|
|
NWP 45 – Repair of Uplands
Damaged by Discrete Events
|
Unconditional
|
|
|
NWP
46 – Discharges in
Ditches
|
Unconditional
|
|
|
NWP 48 – Existing
Commercial Shellfish
Aquaculture Activities
|
Conditional
|
provided that: (1) the activity complies with the
conditions of any Virginia
Pollutant Discharge Elimination System (VPDES) permit issued for the facility,
and provided that; (2) the
associated activities do not include a surface water withdrawal or diversion;
(3) any compensatory
mitigation meets the requirements in the Code of Virginia, Section
62.1-44.15:23 A through C.
|
|
NWP 49 – Coal Remining
Activities
|
Unconditional
|
|
|
NWP 50 – Underground Coal
Mining Activities
|
Unconditional
|
|
|
NWP 51 – Land-Based Renewable Energy
Generation Facilities
|
Conditional
|
provided that: (1) the
discharge does not include water withdrawals, such as the construction of an
intake structure, weir, or water diversion structure, or
other structure transporting nonpotable raw surface water; (2) the impact
does not exceed 2 acres of wetlands or 1,500 linear feet of stream bed;
(3) any compensatory
mitigation meets the requirements in the Code of Virginia, Section
62.1-44.15:23 A through C, except
in the absence of same river watershed alternatives in Hydrologic Unit Codes
(HUC) 02040303 and 02040304, single family dwellings or locality projects may use
compensatory mitigation in HUC 02080102, 02080108, 02080110, or 02080111 in
Virginia.
|
|
NWP 52 – Water-Based
Renewable Energy
Generation Pilot Projects
|
Conditional
|
provided that: (1) the
discharge does not include water withdrawals, such as the construction of an
intake structure, weir, or water diversion structure, or
other structure transporting non-potable raw surface water; (2) the
impact does not exceed 2 acres of wetlands or 1,500 linear feet of
stream bed; (3) any
compensatory mitigation meets the requirements in the Code of Virginia,
Section 62.1-44.15:23 A through C, except
in the absence of same river watershed alternatives in Hydrologic Unit Codes
(HUC) 02040303 and 02040304, single family dwellings or locality projects may use
compensatory mitigation in HUC 02080102, 02080108, 02080110, or 02080111 in
Virginia.
|
|
NWP 53 – Removal of Low- Head Dams
|
Unconditional
|
|
|
NWP 54 – Living Shorelines
|
Unconditional
|
|
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 MEDICAL ASSISTANCE SERVICES
Title of Regulation:
12VAC30-80. Methods and Standards for Establishing Payment Rates; Other Types
of Care.
Publication: 32:23 VA.R. 3087-3092 July 11, 2016.
Correction to Final Regulation:
Page 3089, 12VAC30-80-20, subsection D, column 1, after
subdivision 2 b, insert the following:
3. Supplement payments to Type One hospitals for outpatient
services.
a. In addition to payments for services set forth elsewhere in
the State Plan, DMAS makes supplemental payments to qualifying state government
owned or operated hospitals for outpatient services furnished to Medicare
members on or after July 1, 2010. To qualify for a supplement payment, the
hospital must be part of the state academic health system or part of an
academic health system that operates under a state authority.
b. The amount of the supplemental payment made to each
qualifying hospital shall be equal to the difference between the total
allowable cost and the amount otherwise actually paid for the services by the
Medicaid program based on cost settlement.
c. Payment for furnished services under this section shall be
paid at settlement of the cost report.
VA.R. Doc. No. R14-3799; Filed February 15, 2017
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Title of Regulation:
12VAC30-80. Methods and Standards for Establishing Payment Rates; Other Types
of Care.
Publication: 33:3 VA.R. 411-420 October 3, 2016.
Correction to Fast-Track Regulation:
Page 416, 12VAC30-80-20, subsection D, column 1, replace "3.
(Reserved.)" with the following:
3. Supplement payments to Type One hospitals for outpatient
services.
a. In addition to payments for services set forth elsewhere in
the State Plan, DMAS makes supplemental payments to qualifying state government
owned or operated hospitals for outpatient services furnished to Medicare
members on or after July 1, 2010. To qualify for a supplement payment, the
hospital must be part of the state academic health system or part of an
academic health system that operates under a state authority.
b. The amount of the supplemental payment made to each
qualifying hospital shall be equal to the difference between the total
allowable cost and the amount otherwise actually paid for the services by the
Medicaid program based on cost settlement.
c. Payment for furnished services under this section shall be
paid at settlement of the cost report.
VA.R. Doc. No. R17-4190; Filed February 15, 2017
BOARD OF NURSING
Title of Regulation:
18VAC90-19. Regulations Governing the Practice of Nursing.
Publication: 33:10 VA.R. 1112-1136 January 9, 2017.
Correction to Final Regulation:
Page 1115, 18VAC90-19-30, in the table of fees required by the
board, underline all dollar amounts in column 2 of the table.
VA.R. Doc. No. R17-4643; Filed February 20, 2017