STATE AIR POLLUTION CONTROL BOARD
State Implementation Plan Proposed
Revision
Notice of action: The Department of Environmental Quality (DEQ)
is announcing an opportunity for public comment on a proposed plan to attain
and maintain the national ambient air quality standard for ozone in the
Northern Virginia Ozone Nonattainment Area. The Commonwealth intends to submit
the plan as a revision to the Commonwealth of Virginia State Implementation
Plan (SIP) in accordance with the requirements of § 110(a) of the federal
Clean Air Act. The SIP is the plan developed by the Commonwealth in order to
fulfill its responsibilities under the federal Clean Air Act to attain and
maintain the ambient air quality standards promulgated by the U.S.
Environmental Protection Agency (EPA) under the Act.
Purpose of notice: DEQ is seeking comments on the overall plan
and on the issue of whether the plan demonstrates Virginia's ability to
implement EPA's emissions statement requirements for ozone nonattainment areas.
Public comment period: June 26, 2017, to July 26, 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, 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.
Description of proposal: The proposed revision consists of a
certification that Virginia's existing emissions statement requirements,
covering the Washington, DC-MD-VA nonattainment area for the 2008 ozone
National Ambient Air Quality Standards (NAAQS), are at least as stringent as
the requirements at § 182(a)(3)(B) of the federal Clean Air Act. The
nonattainment area consists of the Counties of Arlington, Fairfax, Loudoun, and
Prince William and the Cities of Alexandria, Fairfax, Falls Church, Manassas,
and Manassas Park.
Federal information: This notice is being given to satisfy the
public participation requirements of federal regulations (§ 182(a)(3)(B)
of the federal Clean Air Act). It is planned to submit all provisions of the
proposal as a revision to the Commonwealth of Virginia SIP.
How to comment: DEQ accepts written comments by email, fax, and
postal mail. In order to be considered, comments must include the full name,
address, and telephone number of the person commenting and be received by DEQ
by the last day of the comment period. All materials received are 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.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, and
2) Northern Regional Office, 13901 Crown Court, Woodbridge, VA,
telephone (703) 583-3800.
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 BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Proposed Renewal of Variances to Regulations to Assure the Rights of Individuals Receiving
Services from Providers Licensed, Funded, or Operated by the Department of
Behavioral Health and Developmental Services
Notice of action: The Department of Behavioral Health and
Developmental Services (DBHDS), in accordance with 12VAC35-115-220 (Variances),
of the Regulations to Assure the Rights of Individuals Receiving Services from
Providers Licensed, Funded, or Operated by the Department of Behavioral Health
and Developmental Services (12VAC35-115), hereafter referred to as the
"Human Rights Regulations," is announcing an opportunity for public
comment on the applications for proposed renewal of existing variances to the
Human Rights Regulations. The purpose of the regulations is to ensure and
protect the legal and human rights of individuals receiving services in
facilities or programs operated, licensed, or funded by DBHDS.
Each variance application references the specific part of these
regulations to which a variance is needed, the proposed wording of the
substitute rule or procedure, and the justification for a variance. Such
application also describes time limits and other conditions for duration and
the circumstances that will end the applicability of the variance. After
considering all available information including comments, DBHDS intends to
submit a written decision deferring, disapproving, modifying, or approving each
variance renewal application. All variances shall be approved for a specific
time period. The decision and reasons for variance will be published in a later
issue of the Virginia Register of Regulations.
Purpose of notice: DBHDS is seeking comment on the applications
for proposed renewal of the following existing variances to the Human Rights
Regulations at four private providers.
Variance to Procedures to Ensure Dignity:
12VAC35-115-50 C 7 and C 8: In order to maintain the safety and
security of residents (youth) the programs restrict communication via telephone
and visitation to only those placed on a list generated at admission by the
parent/legal guardian and the resident.
1. Holiday House (C 8 only).
2. James Barry Robinson Center.
3. Kempsville Center for Behavioral Health. (The Clinical
Treatment Team is also involved in the creation of the list.)
4. Newport News Behavioral Health Center. (The visitation
list is generated by the Admissions Coordinator.)
5. Virginia Beach Department of Human Services Residential
Crisis Stabilization Program (The Recovery Center). (Through the first level of
the program, individuals are limited from visits with family and friends, and
phone calls are limited to five minutes per shift. There is no limitation on
private communication with attorneys, judges, legislators, clergy, licensed
health care practitioners, authorized representatives, advocates, the inspector
general, or employees of the protection and advocacy agency.)
Variance to Procedures for Restrictions on Freedoms of
Everyday Life:
12VAC35-115-100 A 1 a and A 1 g: In order to utilize a point
level system (Behavior Management Model) affecting movement of an individual
within the service setting (grounds, community, purchases in program store).
1. Harbor Point Behavioral Health Center
2. Kempsville Center for Behavioral Health (Requiring an
individual earn points through a level system in order to access the store.)
Variance to Procedures for Use of Seclusion, Restraint, and
Time Out
12VAC35-115-110 C 16: In order to utilize time out as part of
the unit restriction policy.
Kempsville Center for Behavioral Health. (At times deemed
necessary due to unsafe behaviors, to provide additional safety and security
measures by preventing movement by an individual from their assigned unit for
periods longer than 30 minutes.)
Variances to these regulations by the providers listed above
are reviewed by the State Human Rights Committee (SHRC) at least annually, with
reports to the SHRC regarding the variances as requested. These proposed
variance renewals are expected to be considered by the SHRC at its meeting on
September 15, 2017, at the DBHDS Central Office in Richmond at the address
listed at the end of this notice.
Public comment period: June 26, 2017, through July 26, 2017.
Description of proposal: The proposed variance applications for
renewal must comply with the general requirements of 12VAC35-115-220
(Variances), of the Human Rights Regulations.
How to comment: DBHDS 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
DBHDS by the last day of the comment period. All information received is part
of the public record.
To review a proposal: Variance applications and any supporting
documentation may be obtained by contacting the DBHDS representative named below.
Contact Information: Deborah Lochart, Director, Office
of Human Rights, Department of Behavioral Health and Developmental Services,
1220 East Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804)
786-0032, FAX (804) 804-371-2308, or email deb.lochart@dbhds.virginia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Core Solar SPV XIII, LLC Notice of
Intent for Small Renewable Energy (Solar) Project Permit by Rule - Chesapeake
Core Solar SPV XIII, LLC has provided notice to the Department
of Environmental Quality of its intent to submit the necessary documentation
for a permit by rule for a small renewable energy project (solar). The project
will be located on 908 acres across multiple parcels off Shillelagh Road,
approximately five miles south of Chesapeake. The project is anticipated to
have a nameplate capacity of 100 megawatts and be comprised of approximately
350,000 solar panels.
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.
Sigora Solar Notice of Intent for
Small Renewable Energy (Solar) Project Permit by Rule - Wythe County
Sigora Solar has provided notice to the Department of
Environmental Quality of its intent to submit the necessary documentation for a
permit by rule for a small renewable energy (solar) project in Wythe County.
The proposed site for development in the district of Fort Chiswell of Wythe
County is located about a mile from the confluence of I-81 and I-77 South, near
the Town of Wytheville. The parcel is identified as #26-39 and can be
found using GPS coordinates 36.964, -81.050. Irregularly shaped, the 3300-foot
by 1700-foot site measures 126.26 acres and is accessible via Lovers Lane and
Pepsi Way. The proposed solar photovoltaic plant will consist of around 115,000
photovoltaic modules with a total rated capacity of approximately 40 megawatts.
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.
FORENSIC SCIENCE BOARD
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the
Forensic Science Board conducted a small business impact review of 6VAC40-20,
Regulations for Breath Alcohol Testing, and determined that this regulation
should be retained in its current form. The Forensic Science Board is
publishing its report of findings dated May 30, 2017, to support this decision
in accordance with § 2.2-4007.1 F of the Code of Virginia.
This regulation does not have an economic impact on small
businesses. Small businesses are eligible to submit their preliminary breath
test devices for evaluation by the Department of Forensic Science. The criteria
for approval of preliminary breath devices are set forth in 6VAC40-20-170. No
fees are solicited by the Department for this approval process, and devices
that are approved are periodically published in the Virginia Register of
Regulations. Because it is implementing Code of Virginia mandated requirements
imposed on the department, there is a continued need for the regulation. No
complaints have been received concerning this regulation. While future changes
in technology may require amendments to this regulation, it currently meets
Code of Virginia requirements and user agencies' needs.
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.
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the
Forensic Science Board conducted a small business impact review of 6VAC40-30,
Regulations for the Approval of Field Tests for Detection of Drugs, and
determined that this regulation should be retained in its current form. The
Forensic Science Board is publishing its report of findings dated May 30, 2017,
to support this decision in accordance with § 2.2-4007.1 F of the Code of
Virginia.
This regulation has no significant economic impact on small
businesses. Small businesses are eligible to submit their product for
evaluation and approval by the Department of Forensic Science. Fees for
approval are de minimis: $50 for each drug for which individual evaluation is
requested and the actual cost of the street drug preparation (if any). Field
test kits that are approved are periodically published in the Virginia Register
of Regulations. Because it is Code of Virginia mandated, there is a continued
need for the regulation. No complaints have been received concerning this
regulation. The regulation meets Code of Virginia requirements and user agency
and manufacturer needs.
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.
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the
Forensic Science Board conducted a small business impact review of 6VAC40-40,
Regulations for the Implementation of the Law Permitting DNA Analysis upon
Arrest for all Violent Felonies and Certain Burglaries, and determined that
this regulation should be retained in its current form. The Forensic Science
Board is publishing its report of findings dated May 30, 2017, to support this
decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
This regulation has no significant economic impact on small
businesses. Because it was mandated by legislation, there is a continued need
for the regulation. No complaints have been received concerning this
regulation. The regulation meets Code of Virginia requirements and user agency
needs. Changes in technology, particularly the eventual move to rapid DNA
technology, may eventually require amendment of this regulation, but those
technological advancements have not been deployed at the time of this review.
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.
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the
Forensic Science Board conducted a small business impact review of 6VAC40-50,
Regulations for the Approval of Marijuana Field Tests for Detection of
Marijuana Plant Material, and determined that this regulation should be
retained in its current form. The Forensic Science Board is publishing its
report of findings dated May 30, 2017, to support this decision in accordance
with § 2.2-4007.1 F of the Code of Virginia.
This regulation has no significant economic impact on small
businesses. Small businesses are eligible to submit their product for
evaluation and approval by the Department of Forensic Science. Fees for
approval are de minimis: $50 for each marijuana field test for which individual
evaluation is requested. Marijuana field tests that are approved are
periodically published in the Virginia Register of Regulations. Because it is
Code of Virginia mandated, there is a continued need for the regulation. No
complaints have been received concerning this regulation. The regulation meets
Code of Virginia requirements and user agency and manufacturer needs.
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.
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the
Forensic Science Board conducted a small business impact review of 6VAC40-60,
DNA Data Bank Regulations, and determined that this regulation should be
retained in its current form. The Forensic Science Board is publishing its
report of findings dated May 30, 2017, to support this decision in accordance
with § 2.2-4007.1 F of the Code of Virginia.
This regulation has no significant economic impact on small
businesses. Because it is Code of Virginia mandated, there is a continued need
for the regulation. No complaints have been received concerning this
regulation. The regulation meets Code of Virginia requirements and user agency
needs. Changes in technology may eventually require amendment of this
regulation, but those technological advancements have not been deployed at the
time of this review.
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.
BOARD OF MEDICAL ASSISTANCE SERVICES
Notice of Intent to Amend the Virginia
State Plan for Medical Assistance (Pursuant to § 1902(a)(13) of the Social
Security Act (42 USC § 1396a(a)(13)))
Public Comment Period: May 31, 2017, through June 30, 2017.
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).
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, DMAS, 600 Broad Street, Suite 1300, Richmond, VA 23219,
or via email at william.lessard@dmas.virginia.gov.
DMAS is specifically soliciting input from stakeholders,
providers, and beneficiaries on the potential impacts of the items listed
below, particularly the potential impact on access for the following (i) no
inflation for hospitals, graduate medical education payments, indirect medical
education payments, disproportionate share hospital payments, and outpatient
hospital rates; and (ii) the limit on inflation for home health and outpatient
rehabilitation agencies for fiscal year 2018. 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 upon request. Comments may also be submitted,
in writing, on the Virginia Regulatory Town Hall public comment forum at www.townhall.virginia.gov, on the General Notices page at https://townhall.virginia.gov/L/generalnotice.cfm.
Reimbursement Changes Affecting Hospitals (12VAC30-70)
1. With one exception, there will be no inflation adjustment
for inpatient operating rates for hospitals (including freestanding,
psychiatric, and long stay hospitals), graduate medical education (GME)
payments, indirect medical education (IME) payments, disproportionate share
hospital (DSH) payments in fiscal year 2018 (July 1, 2017, through June 30,
2018). Children's Hospital of the King's Daughters will receive an inflation
adjustment.
The expected decrease in annual aggregate expenditures is
$25,812,741.
2. Effective July 1, 2017, the Department of Medical Assistance
Services shall amend the State Plan for Medical Assistance to increase the
formula for indirect medical education (IME) for freestanding children's
hospitals with greater than 50% Medicaid utilization in 2009. The formula for
these hospitals for indirect medical education for inpatient hospital services
provided to Medicaid patients but reimbursed by capitated managed care
providers shall be identical to the formula for Type One hospitals. The IME
payments shall continue to be limited such that total payments do not exceed
the federal uncompensated care cost limit to which disproportionate share
hospital payments are subject, excluding third party reimbursement for Medicaid
eligible patients.
The expected increase in annual aggregate expenditures is $8
million.
3. Effective July 1, 2017, supplemental payments shall be made
for 15 new medical residency slots beginning in fiscal year 2018. The
department shall make supplemental payments to the following hospitals for the
specified number of primary care residencies: Sentara Norfolk General (two
residencies), Carilion Medical Center (six residencies), Centra Lynchburg
General Hospital (one residency), Riverside Regional Medical Center (two
residencies), Bon Secours St. Francis Medical Center (two residencies). The
department shall make supplemental payments to Carilion Medical Center for two
psychiatric residencies.
The supplemental payment for each new qualifying residency slot
shall be $100,000 annually minus any Medicare residency payment for which the
hospital is eligible. Supplemental payments shall be made for up to four years
for each new qualifying resident. The hospital will be eligible for the
supplemental payments as long as the hospital maintains the number of residency
slots in total and by category as a result of the increase in fiscal year 2018.
Payments shall be made quarterly following the same schedule for other medical
education payments.
Subsequent to the award of a supplemental payment, the hospital
must provide documentation annually by June 1 that they continue to meet the
criteria for the supplemental payments and report any changes during the year
to the number of residents.
The expected increase in annual aggregate expenditures is $1.5
million.
4. Effective July 1, 2017, supplemental payments shall be made
to the primary teaching hospitals affiliated with an Liaison Committee on
Medical Education (LCME) accredited medical school located in Planning District
23 that is a political subdivision of the Commonwealth and an LCME-accredited
medical school located in Planning District 5 that has a partnership with a
public university.
The supplemental payment for each qualifying hospital shall be
the difference between the hospital's Medicaid payments and the hospitals
disproportionate share limit (OBRA 93 DSH limit) for the most recent year for
which its disproportionate share limit has been calculated.
The expected increase in annual aggregate expenditures is
approximately $82 million.
Reimbursement Changes Affecting Nursing Facilities (12VAC30-90)
1. Effective July 1, 2017, the price for each nursing facility
peer group shall be based on the following adjustment factors:
Direct costs will increase from 105% to 106.8% of the peer
group day-weighted median neutralized and inflated cost per day for
freestanding nursing facilities.
Indirect costs will increase from 100.7% to 101.3% of the peer
group day-weighted median inflated cost per day for freestanding nursing
facilities.
The expected increase in annual aggregate expenditures is
$6,521,366.
2. Effective July 1, 2017, through June 30, 2020, nursing
facilities located in the former Danville Metropolitan Statistical Area (MSA)
shall be paid the operating rates calculated for the Other MSA peer group. For
purposes of calculating rates under the rebasing effective July 1, 2017, DMAS
shall use the peer groups based on the existing regulations. For future
rebasings, DMAS shall permanently move these facilities to the Other MSA peer
group.
The expected increase in annual aggregate expenditures is $3,207,820.
3. Effective July 1, 2017, DMAS shall increase the direct and
indirect operating rates under the nursing facility price based reimbursement
methodology by 15% for nursing facilities where at least 80% of the resident
population has one or more of the following diagnoses: quadriplegia, traumatic
brain injury, multiple sclerosis, paraplegia, or cerebral palsy. In addition, a
qualifying facility must have at least 90% Medicaid utilization and a case mix
index of 1.15 or higher in fiscal year 2014.
The expected increase in annual aggregate expenditures is
$1,239,022.
Reimbursement Changes Affecting Other Services (12VAC30-80)
1. With one exception, there will be no inflation adjustment
for outpatient hospital rates for hospitals in fiscal year 2018 (July 1, 2017,
through June 30, 2018). Children's Hospital of the King's Daughters will
receive an inflation adjustment.
The expected decrease in annual aggregate expenditures is
$6,453,185.
2. Add rates for new peer support services for children and
adults with mental health conditions or substance use disorders.
The expected increase in annual expenditures is $5,797,290.
3. DMAS shall limit inflation to 50% of the inflation factor
for home health and outpatient rehabilitation agencies for FY2018.
The expected decrease in annual aggregate expenditures is
$221,624.
Contact Information: Emily McClellan, Regulatory
Manager, Division of Policy and Research, 600 East Broad Street, Suite 1300,
Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, TDD (800)
343-0634, or email emily.mcclellan@dmas.virginia.gov.
Residential Treatment Services Manual
Draft for Stakeholder Input
The Residential Treatment Services Provider Manual is posted on
the DMAS website at http://www.dmas.virginia.gov/Content_pgs/obh-home.aspx for
public comment through June 16, 2017.
The Residential Treatment Services Provider Manual will be
finalized and officially posted by June 30, 2017, at https://www.virginiamedicaid.dmas.virginia.gov/wps/portal/ProviderManual.
Public Comment Period: June 1,
2017, through June 16, 2017.
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 Special Order for
Appalachian EXPO Center
An enforcement action has been proposed for Wythe County for
violations at the Appalachian EXPO Center in Wythe County, Virginia. The State
Water Control Board proposes to issue a special order by consent to Wythe
County 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.
Kristen Sadtler will accept comments by email at kristen.sadtler@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 June
26, 2017, to July 26, 2017.
Proposed Consent Special Order for
Burnt Chimney Dairy, LLC
An enforcement action has been proposed with Burnt Chimney
Dairy, LLC for violations in Franklin County, Virginia. The special order by
consent will address and resolve violations of environmental 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.
Jerry Ford, Jr. will accept comments by email at jerry.ford@deq.virginia.gov,
or postal mail at Department of Environmental Quality, Blue Ridge Regional
Office, 3019 Peters Creek Road, Roanoke, VA 24019, from June 26, 2017, to July
26, 2017.
Proposed Consent Order for the Town of
Edinburg
An enforcement action has been proposed for the Town of
Edinburg for violations at the Edinburg sewage treatment plant in Edinburg,
Virginia. The State Water Control Board proposes to issue a consent order to
the Town of Edinburg 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 June 26,
2017, to July 26, 2017.
Proposed Enforcement Action for Hills
Coal Company, Inc.
An enforcement action has been proposed for Hills Coal Company,
Inc. for violations of the State Water Control Law and regulations and the
company's VPDES General Permit for Stormwater Discharges (Registration No.
VAR050090) at 7080 Carrollton Pike, U.S. Highway 58 West, near Galax, 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.
Ralph T. Hilt will accept comments by email at ralph.hilt@deq.virginia.gov,
FAX at (276) 676-4899, or postal mail at Department of Environmental Quality,
Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, from June
27, 2017, to July 27, 2017.
Proposed Consent Special Order for
Perkinson Construction, LLC
An enforcement action has been proposed for Perkinson
Construction, LLC for violations at the Buren Property in Prince George County,
Virginia. The State Water Control Board proposes to issue a special order by
consent to Perkinson Construction, 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. Kristen Sadtler will accept comments by
email at kristen.sadtler@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 May 29, 2017, to July
26, 2017.
Modification of Water Quality
Management Planning Regulation
Notice of action: The State Water Control Board (board) is
considering amendments to the regulation on water quality management planning
in accordance with the Public Participation Procedures for Water Quality
Management Planning. A regulation is a general rule governing people's rights
or conduct that is upheld by a state agency.
Purpose of notice: The board is seeking comments through the
Department of Environmental Quality on the proposed amendments. The purpose of
the amendments to the state's Water Quality Management Planning Regulation
(9VAC25-720) is to revise the Town of South Hill's wastewater treatment plant
(WWTP) wasteload allocations for CBOD5 and TKN.
Public comment period: June 26, 2017, through July 26, 2017.
Description of proposed action: The proposed amendments are to
9VAC25-720-80 B and would modify the existing wasteload allocation for the
South Hill WWTP (VA0069337), located in the Roanoke River Basin. The current
water quality management plan (WQMP) was adopted by the board at its August 31,
2004, meeting. As dictated in the WQMP, the South Hill WWTP is currently
limited by an Apr-Nov, CBOD5 wasteload allocation of 60.6 kg/d. The
basis of the limit was a stream analysis and modeling effort conducted in 1991.
In 1978, the Steady State CBOXYSAG model was calibrated and verified the South
Hill discharge to Flat Creek. To be consistent with previous modeling efforts,
the CBOXYSAG model was executed to generate effluent limits. The VPDES permit
includes an expanded design flow of three MGD and corresponding seasonal limits
for CBOD5 and TKN. The basis of these limits is the utilization of
the Regional Model for Free Flowing Streams Version 4.10. In order to be
consistent with previous modeling efforts, the same parameters were used in the
updated modeling software. DEQ staff recommends that the board adopt the
following modification for 9VAC25-720-80 B, for the South Hill WWTP
(VA0069337): revise the CBOD5, Apr-Nov wasteload allocation of 60.6
kg/d to CBOD5, Apr-Nov – 113.5 kg/d; and add CBOD5,
Dec-Mar – 204 kg/d; TKN, Apr-Nov – 45 kg/d; and TKN, Dec-Mar – 56.8 kg/d.
Affected waterbodies and
localities through the modified wasteload allocations: Roanoke River Basin
(9VAC25-720-80 B):
South Hill WWTP (VA0069337) – Flat Creek Revise the CBOD5,
Apr-Nov waste load allocation of 60.6 kg/d to CBOD5, Apr-Nov – 113.5
kg/d; and add CBOD5, Dec-Mar – 204 kg/d; TKN, Apr-Nov – 45 kg/d; and
TKN, Dec-Mar – 56.8 kg/d.
How to comment: The DEQ accepts written comments by email, fax,
and postal mail. All written comments must include the full name, address, and
telephone number of the person commenting and be received by DEQ by 5 p.m.
on the last day of the comment period.
How a decision is made: After comments have been considered,
the board will make the final decision. Citizens that submit statements during
the comment period may address the board members during the board meeting at
which a final decision is made on the proposal.
To review documents: Contact the DEQ representative named below
for any information.
Contact for public comments, document requests, and additional
information: Amanda Gray, Department of Environmental Quality, 3019 Peters
Creek Road, Roanoke, VA 24019, telephone (434) 582-6227, or email amanda.gray@deq.virginia.gov.
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Code Commission, Pocahontas Building, 900 East Main Street, 11th Floor,
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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 https://commonwealthcalendar.virginia.gov.
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
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pertinent regulatory information.