GENERAL NOTICES/ERRATA
Vol. 33 Iss. 14 - March 06, 2017

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