AIR POLLUTION CONTROL BOARD

State Implementation Plan Revision - Commercial/Industrial/Solid Waste Incinerators (Revision F16)

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's § 111(d)/129 plan for commercial/industrial solid waste incinerators (CISWIs). A § 111(d)/129 plan is developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean Air Act to implement and enforce emissions guidelines for solid waste incineration units. The Commonwealth intends to submit the plan to the U.S. Environmental Protection Agency (EPA) in accordance with the requirements of the federal Clean Air Act.

Regulations affected: The regulations of the board affected by this action are as follows: 9VAC5-20-21, Documents incorporated by reference, of 9VAC5-20 (General Provisions); and Article 45, Emission Standards for Commercial/Industrial Solid Waste Incinerators (Rule 4-45), (9VAC5-40-6250 et seq.) of 9VAC5-40 Existing Stationary Sources (Revision F16).

Purpose of notice: DEQ is seeking comment on the overall plan, and on the issue of whether any regulations or inventory information included in the plan should be submitted to EPA as part of the plan.

Public comment period: November 14, 2016 to December 15, 2016.

Public hearing: A public hearing will be held in the eighth floor conference room, Department of Environmental Quality, 629 East Main Street, Richmond, Virginia, at 10:00 a.m. on December 14, 2016, to accept comments concerning the proposed plan. Using the procedures explained below, DEQ will also accept written comments through December 15, 2016.

Public comment stage: The public comment period and hearing are being conducted to satisfy the public participation requirements of federal regulations of 40 CFR 60.23(c) and (d). The regulations included in this plan have been adopted by the State Air Pollution Control Board in accordance with the Code of Virginia and with public participation as required by the Code of Virginia, the federal Clean Air Act, and the Code of Federal Regulations. Because the regulations have been adopted, DEQ is accepting comment only on the issues cited above and not on the content of the regulations.

Description of proposal: EPA amended the designated pollutant emission guidelines for CISWIs on June 23, 2016 (81 FR 40956). In order to implement the guidelines, it was necessary for Virginia to amend the state regulation (Rule 4-45) containing the federal provisions, and to update the most current version of 40 CFR Part 60 listed in 9VAC5-20-21, Documents incorporated by reference. In addition to affected regulations, the proposed plan revision contains an updated inventory of affected facilities.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations and not any provision of state law. The proposal will be submitted as a § 111(d)/129 plan revision under §§ 111(d) and 129 of the federal Clean Air Act in accordance with 40 CFR 60.23(c) and (d). It is planned to submit all provisions of the proposal as a Commonwealth of Virginia § 111(d)/129 plan with the exception of state-only enforceable provisions, which are specifically identified in the plan.

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 must be received by DEQ by the last day of the comment period. Both oral and written comments are accepted at the public hearing. DEQ prefers that comments be provided in writing, along with any supporting documents or exhibits. All materials received are part of the public record.

To review plan documents: The proposal is available on the DEQ Air Public Notices for Plans website at http://www.deq.virginia.gov/Programs/Air/PublicNotices/airplansandprograms.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 p.m. of each business day until the close of the public comment period at the Department of Environmental Quality, Main Street Office, 8th Floor, 629 East Main Street, Richmond, VA, telephone (804) 698-4070.

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.

STATE CORPORATION COMMISSION

Order for Notice and Comment

ORDER FOR NOTICE AND COMMENT

On September 23, 2016, Virginia Electric and Power Company d/b/a Dominion Virginia Power, Appalachian Power Company, Kentucky Utilities Company d/b/a Old Dominion Power Company, A&N Electric Cooperative, BARC Electric Cooperative, Central Virginia Electric Cooperative, Community Electric Cooperative, Craig-Botetourt Electric Cooperative, Mecklenburg Electric Cooperative, Northern Neck Electric Cooperative, Northern Virginia Electric Cooperative, Prince George Electric Cooperative, Rappahannock Electric Cooperative, Shenandoah Valley Electric Cooperative, Southside Electric Cooperative, and Virginia, Maryland & Delaware Association of Electric Cooperatives (collectively, "Petitioners"), filed a Joint Petition for Rulemaking ("Joint Petition") with the State Corporation Commission ("Commission").¹ The Petitioners request that the Commission initiate a rulemaking for the limited purpose of modifying the Serious Medical Condition Certification Form ("Form SMCC"), which was included in the adoption of 20 VAC 5-330-30 B of the Commission's regulations titled "Limitations on Disconnection of Electric and Water Service"² ("Rules") in 2011.³

Form SMCC enables the Petitioners to be aware of residential customers who have a serious medical condition(s) or who reside with a family member with a serious medical condition(s), as defined by Rule 20 VAC 5-330-20, particularly with regard to emergencies and the termination or disconnection of electric service for such customers. Form SMCC requires certification by a licensed physician that the medical condition meets the definition of a "serious medical condition" in Rule 20 VAC 5-330-20. The Petitioners utilize the Form SMCC provided on the Commission's website but request in the Joint Petition that the Commission approve certain non-substantive modifications to Form SMCC to "make the form more user-friendly for utility customers and their physician(s) and provide more useful information to a utility carrying out its service to the public including customers with serious medical conditions."⁴ Specifically, the Petitioners propose the following modifications: (1) add a separate description box specific to the "Required Treatment for Condition" section of Form SMCC; (2) add a checklist to the description box for equipment prescribed for the serious medical condition, and change that description box to state "Equipment prescribed and/or equipment required for treatment of condition (If any): (Check all that apply)"; and (3) delete the "Additional Comments" box on the bottom of Form SMCC.⁵ The Petitioners assert that the proposed modifications to Form SMCC ("Proposed Form SMCC") are "consistent with and continue[ ] to meet the requirements of the [Rules]."⁶

NOW UPON CONSIDERATION of the Joint Petition, the Commission is of the opinion and finds that the Joint Petition should be docketed; that the Petitioners should give notice to the public of the Joint Petition's proposed modifications to Form SMCC; and that interested persons should have an opportunity to comment and/or request a hearing on the Joint Petition's proposed modifications to Form SMCC. We further find that it is not necessary to initiate a rulemaking for the limited purpose of modifying Form SMCC since the Petitioners have not proposed changes to the underlying regulations, but we will direct that a copy of this Order and the Proposed Form SMCC, attached to this Order as Attachment A, be sent to the Registrar of Regulations for publication in the Virginia Register.

Accordingly, IT IS ORDERED THAT:

(1) This matter is docketed and assigned Case No. PUE-2016-00110.

(2) The Commission's Division of Information Resources shall forward a copy of this Order for Notice and Comment, including a copy of Proposed Form SMCC, to the Registrar of Regulations for publication in the Virginia Register.

(3) The Petitioners shall promptly make a copy of the Joint Petition and Proposed Form SMCC available to the public, who may obtain a copy of the Joint Petition and Proposed Form SMCC at no charge by requesting a copy of the same in writing from the coordinating counsel for the Petitioners: Anne Flampton Andrews, Esquire, McGuireWoods LLP, Gateway Plaza, 800 East Canal Street, Richmond, Virginia 23219. Customers of the Petitioners may also request a copy from their individual electric utility. The Joint Petition and related documents shall also be available for interested persons to review in the Commission's Document Control Center, Tyler Building, First Floor, 1300 East Main Street, Richmond, Virginia 23219, between the hours of 8:15 a.m. and 5 p.m., Monday through Friday, excluding holidays. Interested persons may also download unofficial copies from the Commission's website: http://www.scc.virginia.gov/case.

(4) On or before November 9, 2016, the Petitioners shall cause the following notice to be published as display advertising (not classified) on one (1) occasion in newspapers of general circulation throughout the Commonwealth of Virginia:

NOTICE TO THE PUBLIC OF A JOINT PETITION TO ESTABLISH A RULEMAKING FOR THE LIMITED PURPOSE OF MODIFYING THE SERIOUS MEDICAL CONDITION CERTIFICATION FORM PURSUANT TO RULE 20 VAC 5-330-30 OF THE RULES OF THE STATE CORPORATION COMMISSION OF VIRGINIA CASE NO. PUE-2016-00110

On September 23, 2016, Virginia Electric and Power Company d/b/a Dominion Virginia Power, Appalachian Power Company, Kentucky Utilities Company d/b/a Old Dominion Power Company, A&N Electric Cooperative, BARC Electric Cooperative, Central Virginia Electric Cooperative, Community Electric Cooperative, Craig-Botetourt Electric Cooperative, Mecklenburg Electric Cooperative, Northern Neck Electric Cooperative, Northern Virginia Electric Cooperative, Prince George Electric Cooperative, Rappahannock Electric Cooperative, Shenandoah Valley Electric Cooperative, Southside Electric Cooperative, and Virginia, Maryland & Delaware Association of Electric Cooperatives (collectively, "Petitioners"), filed a Joint Petition for Rulemaking ("Joint Petition") with the State Corporation Commission ("Commission"). The Petitioners request that the Commission initiate a rulemaking for the limited purpose of modifying the Serious Medical Condition Certification Form ("Form SMCC"), which was included in the adoption of 20 VAC 5-330-30 B of the Commission's regulations titled "Limitations on Disconnection of Electric and Water Service" ("Rules"), 20 VAC 5-330-10 et seq. in 2011.

Form SMCC enables the Petitioners to be aware of residential customers who have a serious medical condition(s) or who reside with a family member with a serious medical condition(s), as defined by Rule 20 VAC 5-330-20, particularly with regard to emergencies and the termination or disconnection of electric service for such customers. Form SMCC requires certification by a licensed physician that the medical condition meets the definition of a "serious medical condition" in Rule 20 VAC 5-330-20. The Petitioners utilize the Form SMCC provided on the Commission's website but request in the Joint Petition that the Commission approve certain non-substantive modifications to Form SMCC to "make the form more user friendly for utility customers and their physician(s) and provide more useful information to a utility carrying out its service to the public including customers with serious medical conditions." Specifically, the Petitioners propose the following modifications: (1) add a separate description box specific to the "Required Treatment for Condition" section of Form SMCC; (2) add a checklist to the description box for equipment prescribed for the serious medical condition, and change that description box to state "Equipment prescribed and/or equipment required for treatment of condition (If any): (Check all that apply)"; and (3) delete the "Additional Comments" box on the bottom of Form SMCC. The Petitioners assert that the proposed modifications to Form SMCC ("Proposed Form SMCC") are "consistent with and continue[] to meet the requirements of the [Rules]."

The Commission entered an Order for Notice and Comment that, among other things, docketed the Joint Petition, directed the Petitioners to provide notice to the public and provided interested persons an opportunity to comment and/or request a hearing on the Joint Petition and Proposed Form SMCC.

A copy of the Company's Joint Petition and Proposed Form SMCC may be obtained at no charge by requesting a copy of the same from the coordinating counsel for the Petitioners: Anne Hampton Andrews, Esquire, McGuire Woods LLP, Gateway Plaza, 800 East Canal Street, Richmond, Virginia 23219. Customers of the Petitioners may also request a copy from their individual electric utility. The Joint Petition and related documents shall also be available for review in the Commission's Document Control Center, Tyler Building, First Floor, 1300 East Main Street, Richmond, Virginia 23219, between the hours of 8:15 a.m. and 5 p.m., Monday through Friday, excluding holidays. Interested persons may also download unofficial copies from the Commission's website: http://www.scc.virginia.gov/case.

On or before November 30, 2016, interested persons may file comments concerning whether the Commission should modify Form SMCC as requested in the Joint Petition. Such comments shall be filed with Joel H. Peck, Clerk, State Corporation Commission, P.O. Box 2118, Richmond, Virginia 23218, or may be submitted electronically by following the instructions on the Commission's website: http://www.scc.virginia.gov/case. Compact disks or any other form of electronic storage medium may not be filed with the comments. All such comments shall refer to Case No. PUE-2016-00110.

On or before November 30, 2016, interested persons may request that the Commission convene a hearing on the Joint Petition's proposed modifications to Form SMCC. Such request for hearing shall be filed with the Clerk of the Commission. If not filed electronically, an original and fifteen (15) copies of the request for hearing shall be submitted to the Clerk of the Commission at the address set forth above. Requests for hearing must refer to Case No. PUE-2016-00110 and include: (i) a precise statement of the filing party's interest in the proceeding; (ii) a statement of the specific action sought to the extent then known; (iii) a statement of the legal basis for such action; and (iv) a precise statement why a hearing should be conducted in this matter.

A copy of any written comments and requests for hearing shall simultaneously be sent to the coordinating counsel for the Petitioners at the address set forth above.

VIRGINIA ELECTRIC AND POWER COMPANY d/b/a DOMINION VIRGINIA POWER, APPALACHIAN POWER COMPANY, KENTUCKY UTILITIES COMPANY d/b/a OLD DOMINION POWER COMPANY, A&N ELECTRIC COOPERATIVE,
BARC ELECTRIC COOPERATIVE, CENTRAL VIRGINIA ELECTRIC COOPERATIVE, COMMUNITY ELECTRIC COOPERATIVE, CRAIG-BOTETOURT ELECTRIC COOPERATIVE, MECKLENBURG ELECTRIC COOPERATIVE, NORTHERN NECK ELECTRIC COOPERATIVE, NORTHERN VIRGINIA ELECTRIC COOPERATIVE, PRINCE GEORGE ELECTRIC COOPERATIVE, RAPPAHANNOCK ELECTRIC COOPERATIVE, SHENANDOAH VALLEY ELECTRIC COOPERATIVE, SOUTHSIDE ELECTRIC COOPERATIVE, and VIRGINIA, MARYLAND & DELAWARE ASSOCIATION OF ELECTRIC COOPERATIVES

(5) On or before November 9, 2016, the Petitioners shall serve a copy of this Order and Proposed Form SMCC upon the individuals and entities listed in Attachment B hereto.

(6) On or before November 30, 2016, the Petitioners shall provide the Commission with the proof of notice and service required by Ordering Paragraphs (4) and (5).

(7) On or before November 30, 2016, interested persons may file comments concerning whether the Commission should modify Form SMCC as requested in the Joint Petition. Such comments shall be filed with Joel H. Peck, Clerk, State Corporation Commission, P.O. Box 2118, Richmond, Virginia 23218, or may be submitted electronically by following the instructions found on the Commission's website: http://www.scc.virginia.gov/case. Compact disks or any other form of electronic storage medium may not be filed with the comments. Comments shall refer to Case No. PUE-2016-00110.

(8) On or before November 30, 2016, interested persons may request that the Commission convene a hearing on the Joint Petition's proposed modifications to Form SMCC. Such request for hearing shall be filed with the Clerk of the Commission. If not filed electronically, an original and fifteen (15) copies of the request for hearing shall be submitted to the Clerk of the Commission at the address set forth in Ordering Paragraph (7). Requests for hearing must refer to Case No. PUE-2016-00110 and include: (i) a precise statement of the filing party's interest in the proceeding; (ii) a statement of the specific action sought to the extent then known; (iii) a statement of the legal basis for such action; and (iv) a precise statement why a hearing should be conducted in this matter.

(9) A copy of any written comments and requests for hearing shall simultaneously be sent to the coordinating counsel for the Petitioners at the address set forth in Ordering Paragraph (3).

(10) On or before December 14, 2016, the Staff shall file with the Clerk of the Commission a statement of position regarding the proposed modifications to Form SMCC.

(11) On or before January 6, 2017, the Petitioners may file with the Clerk of the Commission any response in rebuttal to the Staff statement of position, requests for hearing, and any comments filed by interested persons in this proceeding.

(12) This matter is continued generally pending further order of the Commission.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to: Horace P, Payne, Jr., Esquire, Dominion Resources Services, Inc., 120 Tredegar Street, Richmond, Virginia 23219; Vishwa B. Link, Esquire, and Anne Hampton Andrews, Esquire, McGuire Woods LLP, Gateway Plaza, 800 East Canal Street, Richmond, Virginia 23219-3916; Noelle J. Coates, Esquire, American Electric Power Service Corporation, 3 James Center, 1051 East Cary Street, Suite 1100, Richmond, Virginia 23219; Kendrick R. Riggs, Esquire, Stoll Keenon Ogden PLLC, 2000 PNC Plaza, 500 West Jefferson Street, Louisville, Kentucky 40202-2828; Allyson K. Sturgeon, Esquire, Senior Corporate Attorney, LG&E and KU Energy Corp., 220 West Main Street, Louisville, Kentucky 40202; Samuel R. Brumberg, Esquire, Association Counsel, Virginia, Maryland & Delaware Association of Electric Cooperatives, 4201 Dominion Boulevard, Suite 101, Glen Allen, Virginia 23060; and C. Meade Browder, Jr., Senior Assistant Attorney General, Division of Consumer Counsel, Office of the Attorney General, 202 North Ninth Street, Richmond, Virginia 23219; and a copy shall be delivered to the Commission's Office of General Counsel and Divisions of Energy Regulation and Utility Accounting and Finance.

__________________________

¹ On October 5, 2016, the Petitioners filed a revised Attachment B and Paragraph 30 of the Joint Petition to clarify the proposed modifications to Form SMCC.

² 20 VAC 5-330-10 through 20 VAC 5-330-50.

3 Commonwealth of Virginia, ex rel. State Corporation Commission, Ex Parte: In re: Establishing rules providing limitations on disconnection of electric and water service for persons with serious medical conditions, Case No. PUE-2011-00060, 2011 S.C.C. Ann. Rept. 511, Order Adopting Regulations (Oct. 18, 2011).

4 Joint Petition at 11.

5 Id. at 11-12 and Attachment B (revised October 5, 2016).

6 Id. at 11.