STATE AIR POLLUTION CONTROL BOARD
State Implementation Plan Proposed
Revision - 2008 Ozone National Ambient Air Quality Standards
Notice of action: The Department of Environmental Quality (DEQ)
is announcing an opportunity for public comment on a proposed revision to the
Commonwealth of Virginia State Implementation Plan (SIP). The SIP is a plan
developed by the Commonwealth in order to fulfill its responsibilities under the
federal Clean Air Act to attain and maintain the ambient air quality standards
promulgated by the U.S. Environmental Protection Agency (EPA) under the Act.
The Commonwealth intends to submit the regulations to the EPA as a revision to
the SIP in accordance with the requirements of § 110(a) of the federal
Clean Air Act.
Regulations affected: The regulations of the board affected by
this action are 9VAC5-20-204, Nonattainment areas, Part II of 9VAC5-20 (General
Provisions); 9VAC5-30-55, Ozone (8-hour, 0.08 ppm) of 9VAC5-30 (Ambient Air
Quality Standards); 9VAC5-151-20, Applicability, of Part II of 9VAC5-151
(Regulation for Transportation Conformity); and 9VAC5-160-30, Applicability, of
Part II of 9VAC5-160 (Regulation for General Conformity); Revision G16.
Purpose of notice: DEQ is seeking comment on the issue of
whether the regulation amendments should be submitted as a revision to the SIP.
Public comment period: January 9, 2017, to February 8, 2017.
Public hearing: A public hearing may 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, address, and telephone
number of the person requesting the hearing and be received by DEQ by the last
day of the comment period. Notice of the date, time, and location of any
requested public hearing will be announced in a separate notice, and another
30-day comment period will be conducted.
Public comment stage: The regulation amendments are exempt from
the state administrative procedures for adoption of regulations contained in
Article 2 of the Administrative Process Act by the provisions of
§ 2.2-4006 A 4 c of the Code of Virginia because they are necessary to
meet the requirements of the federal Clean Air Act and do not differ materially
from the pertinent EPA regulations. Since the amendments are exempt from
administrative procedures for the adoption of regulations, DEQ is accepting
comment only on the issue cited under "purpose of notice" and not on
the content of the regulation amendments.
Description of proposal: On March 6, 2015 (80 FR 12264), EPA
established a final rule for implementing the 2008 ozone national ambient air
quality standards (NAAQS). This rule addresses a range of nonattainment area
state implementation plan (SIP) requirements for the 2008 ozone NAAQS,
including how to address the revoked 1997 ozone NAAQS. The board's ambient air
quality regulation must be amended accordingly, as well as the list of
nonattainment areas to reflect this change. Clarifying text has also been added
to the Regulation for Transportation Conformity and the Regulation for General
Conformity.
Federal information: This notice is being given to satisfy the
public participation requirements of federal regulations (40 CFR 51.102)
and not any provision of state law. 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 materials received are part of the
public record.
To review regulation documents: The proposal and any supporting
documents are available on the DEQ Air Public Notices for Plans website at http://www.deq.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 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: 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.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Sunnybrook Farm Solar, LLC Notice of
Intent - Small Renewable Energy (Solar) Project Permit by Rule - Halifax County
The Department of Environmental Quality has received a notice
of intent to submit the necessary documentation for a permit by rule for a
small renewable energy project (solar) from Sunnybrook Farm Solar, LLC. The
project is proposed to be located in Halifax County. It will be a 51-megawatt
alternating current photovoltaic solar facility on portions of five parcels
totaling approximately 340 acres off of Long Branch Lane outside Scottsburg.
The project will be comprised of approximately 210,000 polycrystalline solar
colletors and associated equipment.
Contact Information: Mary E. Major, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218,
telephone (804) 698-4423, or email mary.major@deq.virginia.gov.
DEPARTMENT OF HEALTH
January 2017 - Drinking Water State
Revolving Funds
The Virginia Department of Health (VDH) is pleased to announce
several opportunities for funding drinking water infrastructure. All
applications may be submitted year round; however, VDH will conduct one round
of evaluations for requests submitted by the deadlines. Applications postmarked/received
after the due date will be considered for funding in the following round.
Funding is made possible by the Drinking Water State Revolving Fund (DWSRF)
Program and the Water Supply Assistance Grant Fund (WSAG) Program (if funds are
available). The fiscal year (FY) 2018 DWSRF Intended Use Plan will be developed
using collected input on these issues.
(1) Public Comments and Set-Aside Suggestions Invited
(Submission deadline April 1, 2017)
To identify ways to improve this program, VDH seeks meaningful
input from the public, the waterworks industry, or other interested parties.
Anyone may make comments or recommendations to support or revise the program.
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.
(2) Construction and Refinance Fund Requests (Application
deadline April 1, 2017)
Owners of community waterworks and nonprofit noncommunity
waterworks are eligible to apply for construction funds. VDH makes selections
based on criteria described in the DWSRF Program Design Manual, such as
existing public health problems, noncompliance, affordability, regionalization,
and the availability of matching funds. VDH anticipates a funding level of $25
million.
(3) 1452(k) Source Water Protection Initiatives (Application
deadline April 1, 2017)
Loan funds are available to (1) community and nonprofit
noncommunity waterworks to acquire land or conservation easements and (2)
community waterworks to establish local voluntary incentive-based protection
measures.
(4) Lead Service Line (LSL) Replacement Program: (Application
deadline April 1, 2017)
In an effort to accelerate the removal of lead in drinking
water the DWSRF Program has made funding available for the complete removal of
the public and private portions of the LSLs. In conjunction with other
available funds this program intends to provide up to $5,000 dollars as grant
funds (of which up to $500 may be eligible as an administrative fee) for each
service line replaced on a homeowner's side of the meter. The LSL includes pipe
entry into the structure (up to and including a shut-off valve) but excludes the
premise plumbing.
(5) Planning and Design Awards (Applications received and
reviewed for award year-round.)
Private and public owners of community and nonprofit
noncommunity waterworks are eligible to apply for funds, which can be up to
$50,000 per project for small, financially stressed waterworks serving fewer
than 10,000 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 are to
assist waterworks owners with future applications to construction funding
agencies.
The VDH's DWSRF Program Design Manual describes the features of
the listed opportunities for funding. After receiving public input, VDH will
develop a draft Intended Use Plan (IUP) for public review and comment. When
developed the draft IUP will describe specific details for use of the funds. A
public meeting is planned and written comments will be accepted before
submittal of a final version to the U.S. Environmental Protection Agency for
approval.
Applications, set-aside suggestion forms, program design
manuals, and information materials are available on the department website: http://www.vdh.virginia.gov/drinking-water/financial-construction-assistance-programs/drinking-water-funding-program-details/. This
information can also be obtained from Steven Pellei, PE, FCAP Director, by
telephone (804) 864-7500, FAX (804) 864-7521, or writing to Virginia Department
of Health, Office of Drinking Water, 109 Governor Street, 6th Floor, Richmond,
VA 23219. Any comments can be directed to Mr. Pellei.
VIRGINIA LOTTERY
Director's Orders
The following Director's Orders of the Virginia Lottery were
filed with the Virginia Registrar of Regulations on December 19, 2016. The
orders may be viewed at the Virginia Lottery, 900 East Main Street, Richmond,
Virginia, or at the office of the Registrar of Regulations, 201 North 9th
Street, 2nd Floor, Richmond, Virginia.
Director's Order Number One Hundred Sixty-Seven (16)
Virginia Lottery's Computer-Generated Game "Print 'n Play
Blackjack Classic" Final Rules for Game Operation (effective January 8,
2017)
Director's Order Number One Hundred Sixty-Eight (16)
Virginia Lottery's Computer-Generated Game "Print 'n Play
Bullseye Bingo" Final Rules for Game Operation (effective January 8, 2017)
Director's Order Number One Hundred Sixty-Nine (16)
Virginia Lottery's Computer-Generated Game "Print 'n Play
Horoscope Crossword" Final Rules for Game Operation (effective January 8,
2017)
Director's Order Number One Hundred Seventy (16)
Virginia Lottery's Computer-Generated Game "Print 'n Play
Money Bag Crossword" Final Rules for Game Operation (effective January 8,
2017)
Director's Order Number One Hundred Seventy-One (16)
Virginia Lottery's Computer-Generated Game "Print 'n Play
Rockin' Bingo" Final Rules for Game Operation (effective January 8, 2017)
Director's Order Number One Hundred Seventy-Two (16)
Virginia Lottery's Scratch Game 1758 "Virginia
Loteria" Final Rules for Game Operation (effective December 9, 2016)
Director's Order Number One Hundred Seventy-Three (16)
Virginia Lottery's Scratch Game 1771 "Gold Bar
Bonanza" Final Rules for Game Operation (effective December 9, 2016)
Director's Order Number One Hundred Seventy-Four (16)
Virginia Lottery's Scratch Game 1743 "$40,000 Taxes
Paid" Final Rules for Game Operation (effective December 9, 2016)
Director's Order Number One Hundred Seventy-Five (16)
Virginia Lottery's Scratch Game 1761 "Blackjack"
Final Rules for Game Operation (effective December 9, 2016)
Director's Order Number One
Hundred Seventy-Seven (16)
Certain Virginia Print 'n Play Game; Prize Symbol Correction -
Print 'n Play Lucky Bingo (133 16) (effective December 15, 2016)
BOARD OF PHARMACY
Requirement for One Hour of Continuing
Education in 2017
Pursuant to § 54.1-3314.1 J of the Code of Virginia and to
address in 2017 the opioid abuse crisis in Virginia, which the Health
Commissioner recently declared a public health emergency, the Board of Pharmacy
determined at its December full board meeting that all pharmacists must obtain
at least one hour of continuing education (CE) in 2017 in any of the following
subject areas: proper opioid use, opioid overdose prevention, or naloxone
administration. The one-hour minimum requirement is part of the required 15
hours of CE that must be obtained during 2017 and is not in addition to the
required 15 hours. This is a one-time requirement; further action of the board
would be required to mandate CE in a specific topic in future years. This
requirement applies only to pharmacists, not pharmacy technicians.
This requirement does not identify specific objectives that
must be included in selected CE program, nor has a list of approved CE programs
been identified from which to choose. The requirement is intended to be general
to allow each pharmacist the flexibility in choosing an appropriate CE program
that focuses on the proper use of opioids, opioid overdose prevention, or
naloxone administration. The CE must be obtained between January 1, 2017, and
December 31, 2017.
Contact Information: Caroline Juran, RPh, Executive
Director, Department of Health Professions, 9960 Mayland Drive, Suite 300,
Richmond, VA 23233, telephone (804) 367-4578, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.
STATE WATER CONTROL BOARD
Total Maximum Daily Loads for Kerr
Reservoir Tributaries
The Department of Environmental Quality (DEQ) seeks written and
oral comments from interested persons on the development of total maximum daily
loads (TMDLs) for Kerr Reservoir Tributaries Bacteria in Charlotte,
Mecklenburg, and Brunswick Counties. These streams are listed on the
§ 303(d) TMDL Priority List and Report as impaired due to violations of
the state's water quality standards for the recreation use due to elevated
levels of bacteria.
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.
Little Bluestone Creek (VAC-L77R_LNE01A98) is located in
Mecklenburg County. It is 9.38 miles in length and begins at the fork upstream
of Route 696 to Kerr Reservoir.
Bluestone Creek (VAC-L77R_BST02A06) is located in Charlotte and
Mecklenburg Counties. It is 8.25 miles in length and begins from its headwaters
to Moddy Creek.
Allen Creek, Unnamed Tributary (VAC-L78R_XUQ01A04) is located
in Mecklenburg County. It is 1.24 miles in length and includes the entire
tributary located just south of the intersection of Redlawn and Baskerville
Roads.
Allen Creek (VAC-L78R_ALN03A04) is located in Mecklenburg
County. It is 8.97 miles in length and begins at Layton Creek downstream to Cox
Creek.
Allen Creek (VAC-L78R_ALN04A06) is located in Mecklenburg
County. It is 15.28 miles in length and begins from its headwaters to Layton
Creek.
Layton Creek (VAC-L78R_LYT01A06 is located in Mecklenburg
County. It is 8.64 miles in length and begins from its headwaters to its
confluence with Allen Creek.
Cotton Creek (VAC-L78R_CTT01A08) is located in Mecklenburg
County. It is 4.39 miles in length and begins from its headwaters to its mouth
on the Roanoke River.
Kettles Creek (VAC-L78R_KTT01A12) is located in Mecklenburg
County. It is 5.48 miles in length and begins from its headwaters to the mouth.
Smith Creek (VACL79R_SMI01A08) is located in Mecklenburg
County. It is 1.89 miles in length and begins at the Virginia-North Carolina
state line to its mouth on Kerr Reservoir.
Lizard Creek (VAC-L81R_LIZ01A10) is located in Brunswick
County. It is 2.73 miles in length and begins from its headwaters to Lake
Gaston.
The final public meeting on the development of the TMDL to
address the primary contact use for these segments will be held on:
January 19, 2017, 6:30 p.m. to 8:30 p.m., 461 Madison
Street (Council Chambers), Boydton, VA 23917
In case of inclement weather, the alternate meeting date is:
January 23, 2017, 6:30 p.m. to - 8:30 p.m., 461
Madison Street (Council Chambers), Boydton, VA 23917
The public comment period begins January 19, 2017, and ends
February 21, 2017.
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.
Information on the development of the TMDLs for the impairments
is available upon request. Questions or information requests should be
addressed to the DEQ contact person listed below. Please note, all written
comments should include the name, address, and telephone number of the person
submitting the comments and should be sent to Paula Main, Department of
Environmental Quality, 7705 Timberlake Road, Lynchburg, VA 24502, telephone
(434) 582-6216, or email paula.main@deq.virginia.gov.
Proposed Consent Special Order for
Archer Western Contractors, LLC
An enforcement action has been proposed for Archer Western
Contractors, LLC for violations at the P984 Regimental Headquarters and P985
Bachelor Enlisted Quarters at the Yorktown Naval Weapons Station in Yorktown,
Virginia. The State Water Control Board proposes to issue a special order by
consent to Archer Western Contractors, LLC to address noncompliance with the
State Water Control Law and regulations. A description of the proposed action
is available at the Department of Environmental Quality office named below or
online at www.deq.virginia.gov. Carla Pool will accept comments by email
at carla.pool@deq.virginia.gov, FAX at (804) 698-4277, or postal
mail at Department of Environmental Quality, Central Office, P.O. Box 1105,
Richmond, VA 23218, from January 9, 2017, to February 8, 2017.
Proposed Consent Order for the Town of
Bowling Green
An enforcement action has been proposed for the Town of Bowling
Green in Caroline County, Virginia. The consent order describes a settlement to
resolve violations of State Water Control Law and the applicable regulations
associated with the Bowling Green Wastewater Treatment Facility. 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 postal mail at Department
of Environmental Quality, Northern Regional Office, 13901 Crown Court,
Woodbridge, VA 22193, from January 10, 2017, through February 9, 2017.
Proposed Consent Special Order for the
Henry County Industrial Development Authority
An enforcement action has been proposed for the Henry County
Industrial Development Authority for violations at the Patriot Centre at Beaver
Creek Industrial Park in Martinsville, Virginia. The State Water Control Board
proposes to issue a special order by consent to the Henry County Industrial
Development Authority to address noncompliance with the State Water Control Law
and regulations. A description of the proposed action is available at the
Department of Environmental Quality office named below or online at www.deq.virginia.gov.
Carla Pool will accept comments by email at carla.pool@deq.virginia.gov,
FAX at (804) 698-4277, or postal mail at Department of Environmental Quality,
Central Office, P.O. Box 1105, Richmond, VA 23218, from January 9, 2017, to
February 8, 2017.
Proposed Enforcement Action for
Matthew Miller
An enforcement action has been proposed for Matthew Miller for
1124 Kathleen Lane in Chesapeake, Virginia, for violations of the 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.
Russell Deppe will accept comments by email at russell.deppe@deq.virginia, FAX at
(804) 698-4277, or postal mail at Department of Environmental Quality, Central
Office, P.O. Box 1105, Richmond, VA 23218, from January 9, 2017, to February 8,
2017
Proposed Enforcement Action for Real
Investments, Inc.
An enforcement action has been proposed for Real Investments,
Inc. for violations of the State Water Control Law in Virginia Beach, Virginia.
A description of the proposed action is available at the Department of
Environmental Quality office named below or online at www.deq.virginia.gov.
John Brandt will accept comments by email at john.brandt@deq.virginia.gov,
FAX at (757) 518-2009, or postal mail at Department of Environmental Quality,
Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462,
from January 9, 2017, to February 8, 2017.
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.