GENERAL NOTICES/ERRATA
AIR POLLUTION CONTROL BOARD
State Implementation Plan Revision
Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed plan to attain and maintain the national ambient air quality standard for particulate matter in the Northeastern Virginia Intrastate Air Quality Control Region. If adopted, the Commonwealth intends to submit the plan as a revision to the Commonwealth of Virginia State Implementation Plan (SIP) in accordance with the requirements of § 110(a) of the federal Clean Air Act. The SIP is the 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.
Purpose of notice: DEQ is seeking comments on the overall plan.
Public comment period: January 12, 2009, to February 12, 2009.
Public hearing: A public hearing will 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 5 p.m. on 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.
Background: On September 30, 2002, the State Air Pollution Control Board adopted an opacity variance (9VAC5 Chapter 220) for the rocket motor test operations at Atlantic Research Corporation’s Orange County facility located at 7499 Pine Stake Road, Culpeper VA 22701 (Registration No. 4074) from the standard for visible emissions in 9VAC5-50-80. In lieu of compliance with this standard, the variance required the facility to limit total particulate matter emissions from its rocket motor test operations to 714 pounds per hour. Subsequently, the facility was purchased by Aerojet Corporation. This variance was submitted to EPA as a revision to the Virginia SIP on January 26, 2004.
Description of proposal: The January 2004 SIP submittal contained a technical support document (TSD) that provided a basis for proposed hourly limit for particulate matter emissions from the rocket motor testing operations. In conducting its administrative and technical review of the submittal, EPA determined that the technical support document did not provide adequate air dispersion modeling information. On April 20, 2005, the company provided a more comprehensive TSD, "Technical Support Documentation for Opacity Variance for Rocket Test Facility."
This TSD was reviewed by EPA, which provided a number of questions and comments. One of the comments was that the OB/OD Model software program used to estimate the PM emissions from the rocket motor testing operations is not an EPA-approved model. On May 5, 2008, DEQ requested EPA approval of an alternative air quality model for analyzing air quality in support of the variance. EPA approved this request on July 24, 2008. On August 29, 2008, the company provided responses to the remaining EPA comments. These documents make up the proposed revision to the SIP. The documents have been reviewed by DEQ, and DEQ agrees with the company’s modeling procedures and results.
The TSD includes references to the PM10 annual NAAQS. All references to the annual PM10 NAAQS should be disregarded due to the fact that EPA revoked this standard on December 18, 2006.
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 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 5 p.m. on the last day of the comment period. All testimony, exhibits and documents received are part of the public record. Please note this proposed plan is being concurrently reviewed by the U. S. Environmental Protection Agency.
To review proposal: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website (http://www.deq.virginia.gov/air/permitting/planotes.html). 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 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 E. Main St, Richmond VA, (804) 698-4070 and 2) Charlottesville Office, 900 Natural Resources Dr, Suite 600, Charlottesville VA, (434) 293-1020. Note that the modeling data in support of this plan is extensive, and available only in electronic format. An electronic copy of the modeling data is available on request.
Contact Information: Doug Stockman, Environmental Engineer Senior, Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3800, FAX (703) 583-3821, or email rdstockman@deq.virginia.gov.
STATE CORPORATION COMMISSION
AT RICHMOND, DECEMBER 23, 2008
COMMONWEALTH OF VIRGINIA, ex rel.
STATE CORPORATION COMMISSION
CASE NO. PUE-2008-00099
Concerning Electric Utility Integrated
Resource Planning Pursuant
to §§ 56-597 et seq. Code of Virginia
ORDER ESTABLISHING GUIDELINES FOR DEVELOPING INTEGRATED RESOURCE PLANS
Pursuant to §§ 56-597 et seq. of the Code of Virginia ("Code"), the State Corporation Commission ("Commission") issued an Order Proposing Guidelines and Directing the Filing of Integrated Resource Plans on November 12, 2008 ("November 12 Order"). The November 12 Order, inter alia, directed each investor‑owned electric utility to develop and file an integrated resource plan ("IRP") by September 1, 2009 and, pursuant to § 56‑599 A of the Code, proposed guidelines for use by each electric utility in developing its IRP. The November 12 Order also afforded interested persons an opportunity to comment on the proposed guidelines.
On December 12, 2008, interested persons submitted comments on the proposed guidelines. Some commenters suggested revisions for the Commission to consider. Comments were filed by Appalachian Power Company; Richard F. Hirsh; Barbara Kessinger; Kentucky Utilities Company d/b/a Old Dominion Power Company; Office of the Attorney General, Division of Consumer Counsel; The Potomac Edison Company d/b/a Allegheny Power; Virginia Chapter of the Sierra Club; Southern Environmental Law Center; Virginia Committee for Fair Utility Rates; Virginia Electric and Power Company d/b/a Dominion Virginia Power ("Virginia Power"); Virginia Energy Providers Association; Virginia Independent Power Producers; and Washington Gas Light Company. Also, MeadWestvaco Corporation filed a Notice of Intent to Participate.1 On December 17, 2008, Virginia Power filed a motion requesting permission to file reply comments by December 22, 2008.
NOW THE COMMISSION, upon consideration of this matter, is of the opinion and finds as follows. Pursuant to § 56-599 A of the Code, which states that the Commission "may establish guidelines for developing an IRP," the Commission hereby establishes such guidelines as attached to this Order.
We acknowledge and appreciate the comments submitted by numerous interested persons on the guidelines as proposed in our November 12 Order. We have considered all such comments and, at this time, find that it is reasonable to establish the guidelines as attached to this Order. For ease of reference of those submitting comments, a version of the guidelines showing the additions and deletions from the guidelines as proposed in the November 12 Order is also attached hereto.
In addition, we emphasize that, as mandated by § 56-599 A of the Code, the attached are "guidelines" - they are not, for example, filing requirements issued as part of the Virginia Administrative Code. New language in Section C of the guidelines further clarifies as follows: "To the extent the information requested is not currently available or is not applicable, the utility will clearly note and explain this in the appropriate location in the plan, narrative, or schedule." Moreover, § 56-599 C of the Code permits the Commission to modify the guidelines after gaining experience therewith by issuing subsequent guidelines for updated and revised IRPs.
Similarly, the guidelines established herein do not limit the information that the Commission may determine is reasonable and relevant as part of the utilities' subsequent, actual IRP cases to be filed by September 1, 2009. In this regard, we note that several interested persons filed comments regarding specific issues and analyses that the commenter asserted should be part of the guidelines and part of those subsequent IRP cases. Accordingly, we also clarify that the exclusion from the guidelines herein of any comments or recommendations received in this matter does not represent a rejection of such request for purposes of any particular, subsequent IRP case. Rather, such issues may be raised - and addressed by all participants and the Commission - as part of the specific IRP case filed by the utility.2
Finally, our November 12 Order did not provide for reply comments and, for the reasons discussed above, we continue to find that it is not necessary to consider reply comments in this matter.
Accordingly, IT IS ORDERED THAT:
(1) The guidelines as set forth in Attachment B to this Order are hereby established pursuant to § 56‑599 A of the Code for use by each investor-owned electric utility in developing its initial IRP.
(2) Each IRP is to be filed with this Commission pursuant to the Commission's November 12 Order and § 56‑599 of the Code, by September 1, 2009. Said filing shall be in conformity with the Commission's Rules of Practice and Procedure in effect at the time of the filing.
(3) As directed in the November 12 Order, each electric utility shall provide a copy of its IRP filed with the Commission to the chairmen of the committees and the commission set out in the third enactment clauses in Chapters 476 and 603 of the 2008 Virginia Acts of Assembly.
(4) The motion filed by Virginia Power for leave to file reply comments is denied.
(5) There being nothing further to come before the Commission in this proceeding, this case is hereby closed and the papers herein placed upon the Commission's file for ended causes.
Commissioner Dimitri did not participate in this matter.
AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to all persons on the official Service List in this matter. The Service List is available from the Clerk of the State Corporation Commission, c/o Document Control Center, 1300 East Main Street, First Floor, Tyler Building, Richmond, Virginia 23219. A copy shall also be delivered to the Commission's Office of General Counsel and Divisions of Energy Regulation and Economics and Finance.
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DEPARTMENT OF ENVIRONMENTAL QUALITY AND THE DEPARTMENT OF CONSERVATION AND RECREATION
Development of Total Maximum Daily Load Implementation Plan
The Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation (DCR) seek written and oral comments from interested persons on the development of a total maximum daily load (TMDL) implementation plan for the Pigg River and Old Womans Creek watersheds in Franklin County, Pittsylvania County, Henry County and the Town of Rocky Mount, Virginia. Segments of these streams were originally listed as impaired due to violations of the state’s water quality standard for bacteria on the 1998 and 2004 § 303(d) TMDL Priority Lists. A TMDL was developed to address the bacterial impairment. The TMDL was approved by EPA on September 11, 2006, and is available on DEQ’s website at:
https://www.deq.virginia.gov/TMDLDataSearch/ReportSearch.jspx.
Section 62.1-44.19:7 C of the Code of Virginia requires the development of an implementation plan (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.
DEQ and DCR will hold a final public meeting on Thursday, February 19, 2009, at 6:30 p.m. to inform the public of the IP development and to solicit comments on the draft document. The draft IP will be available for review on the web no later than February 12, 2009, at http://www.deq.virginia.gov/tmdl/iprpts.html. The meeting will be held at the Franklin Center in Rocky Mount, Virginia.
Directions to the Franklin Center: From US 220, take the first Rocky Mount exit. This exit puts you on North Main Street. Go 3-4 miles. You will come to a light that crosses old railroad tracks and onto a bridge. Drive straight ahead (go past The Hub Restaurant), look for Claiborne Avenue on right (between Red Clay Cafe and Rocky Mount UMC). Turn right onto Claiborne Avenue, go 1/2 mile to The Franklin Center on left.
The public comment period for this final public meeting will end on Tuesday, March 23, 2009. Questions or information requests should be addressed to Mary Dail, Department of Environmental Quality, (540) 562-6715 or mrdail@deq.virginia.gov. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Mary Dail, Department of Environmental Quality, 3019 Peters Creek Road, Roanoke, VA 24019, telephone (540) 562-6715, FAX (540) 562-6725, or email mrdail@deq.virginia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Proposed Consent Order - Hammaker East, L.P.
An enforcement action has been proposed for Hammaker East, L.P. for an alleged violation in Chesterfield County, Virginia. A consent order describes a settlement to resolve an unauthorized discharge that occurred at 7600 Fort Darling Road. The order requires corrective action, monitoring, and payment of a civil charge. A description of the proposed order is available at the DEQ office named below or online at www.deq.virginia.gov. Frank Lupini will accept comments by email felupini@deq.virginia.gov, FAX (804) 527-5106 or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from February 2, 2009, to March 5, 2009.
DEPARTMENT OF HEALTH
Drinking Water Construction Funding
VDH will offer funding informational meetings at six locations throughout the state. Attendance is on a first come basis and is limited to 50 people at each location.
Material will focus on Drinking Water Construction funding available through VDH. The Drinking Water State Revolving Fund (DWSRF) Program and the Water Supply Assistance Fund (WSAGF) Program will be discussed. You will be asked for your specific suggestions and opinions.
You will be advised on program updates and then guided through program criteria, program applications, and the project scheduling steps needed for smooth project implementation.
If you plan to attend, please return the form below by February 13, 2009 so we may properly plan the meeting. You may mail it to Theresa Hewlett at the above address or FAX at (804) 864-7521. If you have any questions, please call Theresa Hewlett at (804) 864-7501.
I (we) wish to attend the meeting indicated below:
□ Danville 9:00 a.m.-12:00 p.m., Wednesday, February 18, 2009 at the Pittsylvania/Danville Health District’s Auditorium, 326 Taylor Drive, Danville, VA
□ Abingdon 9:00 a.m.–12:00 p.m., Thursday, February 19, 2009 at the Southwest VA Higher Education Center, Room 222, Abingdon, VA
□ Chesterfield 9:00 a.m.-12:00 p.m., Monday, February 23, 2009 at the Chesterfield County Health Department’s Multi-purpose Room, 9501 Lucy Corr Circle, Chesterfield, VA
□ Suffolk Area 9:00 a.m.-12:00 p.m., Tuesday, February 24, 2009 at the Town of Windsor’s Municipal Building Counsel Chamber, 8 East Windsor Blvd., Windsor, VA. (Isle of Wight County)
□ Culpeper 9:00 a.m.-12:00 p.m., Wednesday, February 25, 2009 at the County of Culpeper’s Board of Supervisors Room (rear entrance to Administration Bldg. and 3-hr. parking across the street), 302 North Main Street, Culpeper, VA
□ Lexington 9:00 a.m.-12:00 p.m., Thursday, February 26, 2009 at the Virginia Military Institute’s Preston Library, Turman Room, Lexington, VA
There will be _______ persons in my party as follows:
Name Address Phone Representing
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
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We are pleased to announce several opportunities for drinking water funding. Construction applications may be submitted year round. However, applications received after the due date stated below will be considered for funding in following cycle. As described below, funding is made possible by our Drinking Water State Revolving Fund (DWSRF) Program. We anticipate having at least $10 million. Also the enclosed attachment describes our Water Supply Assistance Grant Fund Program. Our FY 2010 DWSRF Intended Use Plan will be developed using your input on these issues.
(1) 1452(k) Source Water Protection Initiatives - (Yellow application) Must be postmarked by March 27, 2009.
This provision allows VDH to loan money for activities to protect important drinking water resources. Loan funds are available to: (1) community and non-profit noncommunity waterworks to acquire land/conservation easements and (2) to community waterworks, only, to establish local, voluntary incentive-based protection measures.
(2) Construction Funds – (Cream application) Must be postmarked by March 27, 2009.
Private and public owners of community waterworks and nonprofit noncommunity waterworks are eligible to apply for construction funds. VDH makes selections based on criteria described in the Program Design Manual, such as existing public health problems, noncompliance, affordability, regionalization, the availability of matching funds, etc. Readiness to proceed with construction is a key element. A Preliminary Engineering Report must be submitted if required by VDH. An instruction packet and Construction Project Schedule are included.
(3) Set-Aside Suggestion Forms – (White form) Must be postmarked by March 27, 2009.
Anyone has the opportunity to suggest new or continuing set-aside (nonconstruction) activities. Set-aside funds help VDH assist waterworks owners to prepare for future drinking water challenges and assure the sustainability of safe drinking water.
(4) Planning & Design Grants – (Gray application) Must be postmarked by August 28, 2009.
Private and public owners of community waterworks are eligible to apply for these grant funds. Grants can be up to $30,000 per project for small, financially stressed, community waterworks serving fewer than 3,300 persons. Eligible projects may include preliminary engineering planning, design of plans and specifications, performance of source water quality and quantity studies, drilling test wells to determine source feasibility, or other similar technical assistance projects. These funds could assist the waterworks owner in future submittals for construction funds.
The VDH’s Program Design Manual describes the features of the above opportunities for funding. After receiving the aforementioned public input, VDH will develop a draft Intended Use Plan for public review and comment. When developed in August, the draft Intended Use Plan will describe specific details for use of the funds. A public meeting is planned for October and written comments will be accepted before we submit a final version to the USEPA for approval.
You may request the applications, set-aside suggestion form, Program Design Manual and information from and forward any comments to Steve Pellei, P.E., FCAP Director, by writing, calling, or faxing at the above address. The materials are also accessible on our website www.vdh.virginia.gov/drinkingwater/financial.
* * *
The 1999 General Assembly created the Water Supply Assistance Grant Fund (WSAGF) in Section 32.1-171.2 of the Code of Virginia. The purpose of the WSAG is to make grant funds available to localities and owners of waterworks to assist in the provision of drinking water.
Funds are available by submitting an application postmarked on or before the dates indicated for the following:
(1) Planning Grants – Application must be postmarked by August 28, 2009.
Of available funding, $60,000 or 16.67% will be used for planning needs. Your application cannot exceed this amount.
In ranking of applications, preference is given to those that address problems of small, community waterworks with multi-jurisdictional support. The applicant submits the current VDH planning application to VDH. To promote coordination of funding and streamline the process for applicants, grants are prioritized in accordance with rating criteria of the current DWSRF Program. For WSAGF funding purposes only, up to fifty (50) extra points are added to the DWSRF rating criteria relative to the Stress Index rank.
Eligible activities may include (but not be limited to): Capacity building activities addressing regionalization or consolidation, performance of source water quality and quantity studies, drilling test wells to determine source feasibility, income surveys, preliminary engineering planning, design and preparation of plans and specifications, or other similar technical assistance projects.
(2) Surface Water Development or Improvement Grants – Application must be postmarked by March 27, 2009.
Of available funding, $200,000 or 55.55% will be used for community waterworks surface source water development or improvement activities. Your application cannot exceed this amount.
The applicant submits the current VDH construction application to VDH. In ranking of applications, preference is given to those that address problems of small, community waterworks with multi-jurisdictional support.
Eligible activities may include: land purchase, options to purchase land, general site development costs, and dam upgrade and construction.
(3) Small Project Construction Grants – Application must be postmarked by March 27, 2009.
Of available funding, $100,000 or 27.78% will be used for small project construction that is defined as a project whose total project cost does not exceed $50,000. Eligible activities may include (but not be limited to): upgrade or construction of well or spring sources, waterlines, storage tanks, and treatment.
The applicant submits the current VDH construction application to VDH. To promote coordination of funding and streamline the process for applicants, grants are prioritized in accordance with rating criteria of the current DWSRF Program. For WSAGF purposes only, up to thirty (30) extra points are added to the VDH rating criteria relative to the Stress Index rank. Preference is given to community waterworks. This priority system ensures that all eligible acute or chronic health/SDWA compliance projects are funded before any other eligible project.
The VDH’s WSAGF Program Guidelines describes the features of the above opportunities for funding.
You may request the applications or Program Guidelines from us by writing, calling, or faxing at the above address. The applications are also accessible on our website www.vdh.virginia.gov/drinkingwater/financial.
STATE LOTTERY DEPARTMENT
Director's Orders
The following Director's Order of the State Lottery Department was filed with the Virginia Registrar of Regulations on January 14, 2009. The order may be viewed at the State Lottery Department, 900 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, Virginia.
Final Rules for Game Operation:
Director's Order Number Ninety (08)
2 Ways 2 Win Sweepstakes; (effective 1/14/09)
ERRATA
TITLE 12. HEALTH
STATE BOARD OF HEALTH
Titles of Regulations: 12VAC5-230. State Medical Facilities Plan (amending 12VAC5-230-10, 12VAC5-230-30; adding 12VAC5-230-40 through 12VAC5-230-1000; repealing 12VAC5-230-20).
Publication: 25:9 VA.R. 1706-1742 January 5, 2009.
Correction to final regulation:
Page 1707, 12VAC5-230-10, definition of "Bed," line 2, strike "are" and insert "care"
Page 1710, 12VAC5-230-10, definition of "PET/CT," line 7, strike "services" and insert "service"
Page 1713, 12VAC5-230-60, first sentence should read: In the review of reviewing competing applications, [ preference consideration will may ] be given to applicants [ the an ] applicant [ that who ] :
Page 1714, 12VAC5-230-70, strike " [ D. Applicants shall not use this section to justify a need to establish new services. ]"
Page 1714, 12VAC5-230-80, insert "[ D. Applicants shall not use this section to justify a need to establish new services. ]"
Page 1715, 12VAC5-230-110, line 4, strike "if"
Page 1719, 12VAC5-230-340 B, line 2, change "tereotactic" to "stereotactic"
Page 1741, 12VAC5-230-870 subdivision 6, change "Sservices" to "Services"
R03-117, January 8, 2009
VIRGINIA CODE COMMISSION
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.