GENERAL NOTICES/ERRATA
Vol. 35 Iss. 17 - April 15, 2019

DEPARTMENT OF ENVIRONMENTAL QUALITY

First Solar Development LLC - Withdrawal of Notice of Intent - Small Renewable Energy Project (Solar) - Montgomery County

First Solar Development LLC has provided the Department of Environmental Quality a withdrawal of a notice of intent to submit documentation for a permit by rule for a small renewable energy project (solar) in Montgomery County. The original notice of intent was published in the Virginia Register of Regulations on April 3, 2017.

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) 698-4319, or email mary.major@deq.virginia.gov.

Grasshopper Solar LLC - Withdrawal of Notice of Intent - Small Renewable Energy Project (Solar) - Mecklenburg County

Grasshopper Solar LLC has provided the Department of Environmental Quality a withdrawal of a notice of intent to submit documentation for a permit by rule for a small renewable energy project (solar) in Mecklenburg County. The original notice of intent was published in the Virginia Register of Regulations on December 12, 2016, and a modified notice was published on December 25, 2017.

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) 698-4319, or email mary.major@deq.virginia.gov.

VEPCO/Grasshopper Solar Project Notice of Intent - Small Renewable Energy Project (Solar) - Mecklenburg County

Dominion Energy Services Inc., on behalf of Virginia Electric and Power Company, 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) to be located in Mecklenburg County, pursuant to 9VAC15-60. The project is an 80-megawatts facility to be located across roughly 927 acres on one parcel in Mecklenburg County north of Chase City with borders along Routes 49 and 671.

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) 698-4319, or email mary.major@deq.virginia.gov.

Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Environmental Quality is conducting a periodic review and small business impact review of 9VAC15-20, Guidelines for the Preparation of Environmental Impact Assessments for Oil or Gas Well Drilling Operations in Tidewater Virginia. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this 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.

The comment period begins April 15, 2019, and ends May 6, 2019.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Melissa Porterfield, Office of Regulatory Affairs, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.

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.

DEPARTMENT OF GENERAL SERVICES

Revision to Fees for Drinking Water Laboratory Certification

The Division of Consolidated Laboratory Services (DCLS), Department of General Services, published a notice in 35:13 VA.R. 1833-1835 February 18, 2019 seeking comment on the revision to fees charged for certifying drinking water laboratories under 1VAC30-41-270 as required by subdivision I 2 of 1VAC30-41-270.

No comments were received. The revision to the fees will stand as published. The following fees are effective for May 1, 2019, through April 30, 2020, for drinking water laboratory certification under 1VAC30-41-270.

TESTING CATEGORY

FEE ($)

Microbiological testing

 

1 - 2 methods

647

 

3 - 5 methods

754

 

6+ methods

862

Inorganic chemistry, nonmetals testing

 

1 - 2 methods

700

 

3 - 5 methods

915

 

6 - 8 methods

1132

 

9+ methods

1347

Inorganic chemistry, metals testing

 

1 - 2 methods

1077

 

3 - 5 methods

1292

 

6+ methods

1506

Organic chemistry

 

1 - 2 methods

1132

 

3 - 5 methods

1347

 

6 - 8 methods

1561

 

9+ methods

1778

Radiochemistry

 

1 - 2 methods

1186

 

3 - 5 methods

1400

 

6+ methods

1616

Asbestos

 

1 - 2 methods

969

 

3 - 5 methods

1186

 

6+ methods

1400

How fees are calculated: DCLS calculates a laboratory's total fee by adding the fees for the number of test methods in each category in the fee table for which the laboratory is certified or applies to be certified. Contact lab_cert@dgs.virginia.gov for more information about the fee category for a specific method.

Additional fees:

Additional fees apply when a laboratory:

• Applies for modification of certification under 1VAC30-41-110

• Is moving its location when the move requires DCLS to perform an onsite assessment

• Requests reinstatement of certification when DCLS requires an onsite assessment

Hourly review fee and calculation of total fee. The fee to be charged is the sum of the total hourly charges for all reviewers plus any onsite assessment costs incurred. The hourly charge per reviewer is $66. The charge per reviewer is determined by multiplying the number of hours expended in the review by $66.

Onsite review and travel expenses. If an onsite review is required, travel time and onsite review time will be charged at the same hourly rate of $66 and any travel expenses will be added.

When to pay: Payment is due at the time the application is made or annually thereafter upon receipt of the invoice from DCLS. Annual billing precedes the expiration of the current certificate.

How to pay: Fees may be paid by check, draft, or postal money order payable to the Treasurer, Commonwealth of Virginia, or submitted electronically, if available. Payment must be in U.S. currency, except that agencies and institutions of the Commonwealth of Virginia may submit interagency transfers for the amount of the fee. Laboratories may also pay fees using credit cards. All fees must be sent to the following address, or submitted electronically, if available: DCLS, Attn: Lab Certification, 600 North 5th Street, Richmond, VA 23219. A fee payment form is available on the Drinking Water page of the DCLS website at www.dgs.virginia.gov/dcls.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Medical Assistance Services conducted a small business impact review of 12VAC30-5, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Department of Medical Assistance Services is publishing its report of findings dated March 26, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulations are not anticipated to have an adverse impact on small businesses.

Contact Information: Jimeequa Williams, Regulatory Coordinator, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 225-3508, FAX (804) 786-1680, or email jimeequa.williams@dmas.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Medical Assistance Services conducted a small business impact review of 12VAC30-95, Standards Established and Methods Used for Fee-for-Service Reimbursement, and determined that this regulation should be retained in its current form. The Department of Medical Assistance Services is publishing its report of findings dated March 26, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulations are not likely to create any costs or other effects on small businesses and are not anticipated to have an adverse impact on small businesses.

Contact Information: Jimeequa Williams, Regulatory Coordinator, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 225-3508, FAX (804) 786-1680, or email jimeequa.williams@dmas.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Medical Assistance Services conducted a small business impact review of 12VAC30-100, State Programs, and determined that this regulation should be retained in its current form. The Department of Medical Assistance Services is publishing its report of findings dated March 26, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulations are not anticipated to have an adverse impact on small businesses.

Contact Information: Jimeequa Williams, Regulatory Coordinator, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 225-3508, FAX (804) 786-1680, or email jimeequa.williams@dmas.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Medical Assistance Services conducted a small business impact review of 12VAC30-121, Commonwealth Coordinated Care Program, and determined that this regulation should be retained in its current form. The Department of Medical Assistance Services is publishing its report of findings dated March 26, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulations are not anticipated to have an adverse impact on small businesses.

Contact Information: Jimeequa Williams, Regulatory Coordinator, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 225-3508, FAX (804) 786-1680, or email jimeequa.williams@dmas.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Medical Assistance Services conducted a small business impact review of 12VAC30-150, Uninsured Medical Catastrophe Fund, and determined that this regulation should be retained in its current form. The Department of Medical Assistance Services is publishing its report of findings dated March 26, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulations are not anticipated to have an adverse impact on small businesses.

Contact Information: Jimeequa Williams, Regulatory Coordinator, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 225-3508, FAX (804) 786-1680, or email jimeequa.williams@dmas.virginia.gov.

VIRGINIA WASTE MANAGEMENT BOARD

Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Environmental Quality is conducting a periodic review and small business impact review of 9VAC20-130, Solid Waste Planning and Recycling Regulations. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this 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.

The comment period begins April 15, 2019, and ends May 6, 2019.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.

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.

STATE WATER CONTROL BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Water Control Board conducted a small business impact review of 9VAC25-780, Local and Regional Water Supply Planning, and determined that this regulation should be retained in its current form. The State Water Control Board is publishing its report of findings dated March 12, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The regulation continues to be needed to ensure the availability of water resources for the public while protecting water resources for other beneficial uses. No comments were received during the public comment period. The regulation contains requirements for water supply planning to be conducted on local and regional levels. Localities also must plan how they will meet their future water supply needs and potentially increased demands for the future. The regulation has been written in a format to minimize the complexity of the regulation. The requirement for local and regional water supply plans to be developed is a state requirement, and there is no equivalent federal requirement for these plans to be developed. This regulation is consistent with current state law.

This regulation was last amended in 2015 to correct citations referenced in the regulation. The regulation requires local plans to be updated and resubmitted every 10 years, and changes in technology or economic conditions are reflected in the revised plan. This regulation does not directly regulate small businesses. Localities develop local water supply plans and may choose to include provisions in their plan that minimize impacts on small businesses.

Contact Information: Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.

Proposed Enforcement Action for B.E.I. Refueling Services Inc.

An enforcement action has been proposed for B.E.I. Refueling Services Inc. for violation of the State Water Control Law in Buchanan County, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed 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 April 16, 2019, through May 15, 2019.

Proposed Consent Order for Milestone Metals Inc.

An enforcement action has been proposed for Milestone Metals Inc. for violations of the State Water Control Law and regulations at the Milestone Metals facility located in Fairfax, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Milestone Metals facility. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Benjamin Holland will accept comments by email at benjamin.holland@deq.virginia.gov or by postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from April 16, 2019, through May 15, 2019.

Proposed Consent Special Order for Robinson Chicken Farm

An enforcement action is proposed for Robinson Chicken Farm for alleged violations that occurred at 121 Taylor Lane, Cartersville, Virginia. The State Water Control Board proposes to issue a consent special order to Robinson Chicken Farm to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Jeff Reynolds will accept comments by email at jefferson.reynolds@deq.virginia.gov, FAX at (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060 from April 15, 2019, to May 15, 2019.

Amendment of Water Quality Management Planning Regulation

Notice of action: The State Water Control Board (board) is considering the amendment of 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 (DEQ) on the proposed amendment. The purpose of the amendment to the state's Water Quality Management Planning Regulation (9VAC25-720) is to adopt 20 new and three revised total maximum daily load (TMDL) wasteload allocations (WLAs).

Public comment period: April 15, 2019, through May 15, 2019.

Description of proposed action: DEQ staff will propose amendments of the state's Water Quality Management Planning regulation for the Potomac-Shenandoah River Basin (9VAC25-720-50 A), James River Basin (9VAC25-720-60 A), and the Rappahannock River Basin (9VAC25-720-70 A). Statutory authority for promulgating these amendments can be found in § 62.1-44.15 of the Code of Virginia.

Staff intends to recommend that the board (1) approve the three TMDL reports as the plan for the pollutant reductions necessary for attainment of water quality goals in the impaired segments, (2) authorize inclusion of the three TMDL reports in the appropriate Water Quality Management Plan, and (3) adopt 20 new and three revised TMDL wasteload allocations as part of the state's Water Quality Management Planning Regulation in accordance with § 2.2-4006 A 14 and B of the Code of Virginia.

The TMDL reports were developed in accordance with federal regulations (40 CFR 130.7) and are exempt from the provisions of Article 2 of the Virginia Administrative Process Act. The reports were subject to the TMDL public participation process contained in DEQ's Public Participation Procedures for Water Quality Management Planning. The public comment process provides the affected stakeholders an opportunity for public appeal of the TMDL.

As of July 1, 2014, TMDL WLAs can receive State Water Control Board approval prior to EPA approval due to amendments outlined in § 2.2-4006 A 14 of the Code of Virginia. The three TMDL reports in this public notice have been reviewed by EPA for required TMDL elements, however, remain in draft form awaiting State Water Control Board approval. The draft reports can be found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.

Affected waterbodies and localities for the 20 new and three revised TMDL wasteload allocations:

Potomac-Shenandoah River Basin (9VAC25-720-50 A)

"Revision of the Benthic Total Maximum Daily Load (TMDL) Developed for the Blacks Run and Cooks Creek Watershed Located in the City of Harrisonburg and Rockingham County"

• The Blacks Run and Cooks Creek TMDL, located in the City of Harrisonburg and Rockingham County, propose sediment reductions for the Blacks Run and Cooks Creek watershed and provides revised sediment wasteload allocations of 1,310,000 lbs/year and 1,543,000 lbs/year

• The Blacks Run and Cooks Creek TMDL, located in the City of Harrisonburg and Rockingham County, proposes total phosphorus reductions for the Cooks Creek watershed and provides a revised total phosphorus waste load allocations of 2,060 lbs/year.

James River Basin (9VAC25-720-60 A):

"Bacteria and Sediment Total Maximum Daily Load (TMDL) Development for the James River and Tributaries Located in Botetourt and Craig Counties Virginia"

• The James River and tributaries TMDL, located in Botetourt and Craig Counties, proposes E. coli reductions for the Sinking Creek, Barbours Creek, Lapsley Run, Little Patterson Creek, Upper Craig Creek, Middle Craig Creek, Lower Craig Creek, and Catawba Creek watersheds and a portion of the James River watershed and provides new E. coli wasteload allocations of 1.17E+9 counts/year, 2.36E+9 counts/year, 2.45E+8 counts/year, 5.38E+8 counts/year, 3.93E+9 counts/year, 1.54E+10 counts/year, 2.07E+10 counts/year, 3.00E+9 counts/year, and 4.19E+10 counts/year.

• The James River and tributaries TMDL, located in Botetourt and Craig Counties, proposes sediment reductions for the Catawba Creek watershed and provides a new sediment wasteload allocation of 29.44 tons/year.

Rappahannock River Basin (9VAC25-720-70 A):

"Bacteria Total Maximum Daily Load (TMDL) Development for the Rappahannock River and Tributaries Located in Caroline, Essex, King George, Richmond, and Westmoreland Counties Virginia"

• The Rappahannock River and tributaries TMDL, located in Caroline, Essex, King George, Richmond, and Westmoreland Counties, proposes E. coli reductions for Mill Creek, Jetts Creek, Portobago Creek, Stillwater Creek, Baylors Creek, Elmwood Creek, Peedee Creek (nontidal), and unnamed tributary of Peedee Creek watersheds and provides new E. coli wasteload allocations of 1.19E+12 cfu/year, 6.41E+10 cfu/year, 1.06E+11 cfu/year, 3.50E+10 cfu/year, 4.72E+10 cfu/year, 5.14E+10 cfu/year, 2.62E+10 cfu/year, and 1.30E+9 cfu/year.

• The Rappahannock River and tributaries TMDL, located in Caroline, Essex, King George, Richmond, and Westmoreland Counties, proposes Enterococci reductions for a portion of Peedee Creek (tidal) and a portion of the Rappahannock River (tidal) watersheds and provides new Enterococci wasteload allocations of 2.07E+10 cfu/day and 3.11E+12 cfu/day.

How to comment: 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 who 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: The TMDL reports are available on the DEQ website at http://www.deq.virginia.gov/Programs
/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx
and by contacting the DEQ representative listed for any report. The electronic copies are in PDF or Word format and may be read online or downloaded.

Contact for public comments, document requests, and additional information: Kelly Meadows, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 698-4291, FAX (804) 698-4032, or email kelly.meadows@deq.virginia.gov.

Intent to Reauthorize Use of Virginia Aquatic Resources Trust Fund as a Form of Compensatory Mitigation under 9VAC25-210-10

Pursuant to § 62.1-44.15:20-23 of the Code of Virginia and 9VAC25-210-116 D, the State Water Control Board (the board) is giving notice of its intent to reauthorize the Virginia Aquatic Resources Trust Fund (VARTF), one of several acceptable forms of compensatory mitigation for permitted impacts to state waters, including streams and wetlands, to use the revised program instrument (instrument), after considering public comment for a 30-day period starting April 15, 2019. The instrument sets out to confirm and update guidelines, responsibilities, and standards for the establishment, use, operation, and maintenance of the VARTF program for impacts authorized by Department of Army permits or Virginia Water Protection Permits, and in other cases if agreed upon by the U.S. Army Corps of Engineers, Virginia Department of Environmental Quality, and The Nature Conservancy. The Nature Conservancy intends to achieve no net loss of existing wetland acreage and functions and no net loss of stream functions pursuant to § 62.1- 44.15:21 B of the Code of Virginia and to accomplish mitigation projects in Virginia efficiently and at beneficial economies of scale to provide for a significant net gain of aquatic resource functions and values where possible.

The Nature Conservancy (TNC) remains the sponsor of VARTF, an existing in-lieu fee compensatory mitigation program, which has been in operation in the Commonwealth of Virginia since 1995, in accordance with a Memorandum of Understanding between TNC and the U.S. Army Corps of Engineers (the Corps), as amended in 2003. In 2011, the Virginia Department of Environmental Quality (DEQ) participated on a work group with the Corps, TNC, the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (USFWS), and the National Oceanic and Atmospheric Administration (NOAA) to develop the instrument, bringing VARTF into compliance with the Federal Mitigation Rule (33 CFR 332), which governs compensatory mitigation for activities authorized by Corps permits, as well as Virginia State Water Control Law and DEQ's Virginia Water Protection Permit (VWPP) program. In 2016, DEQ reauthorized the instrument for a three-year period.

The purpose of this reauthorization is to improve the guidelines, responsibilities, and standards set forth in 2016 for the establishment, use, operation, and maintenance of VARTF in compliance with State Water Control Law and the VWPP program. The revised instrument satisfies the requirements set forth by the VWPP program in 9VAC25-210-116 D, including dedication to the achievement of no net loss of wetland acreage and functions or stream functions and water quality benefits, consultation with DEQ on site selection, provision of annual reports detailing projects and contributions by watershed, commitment to a program audit every five years, and a mechanism to establish fee amounts. VARTF demonstrated through the 2018 annual report and VARTF program update letter significant improvements since the 2016 reauthorization. Lastly, VARTF continues to work in collaboration with the interagency review team for in-lieu fee programs on efforts to advance the VARTF program over time.

The board proposes to reauthorize VARTF to use the revised instrument, continuing as a compensatory mitigation option for a 10-year period ending July 14, 2029. DEQ's approval will remain in effect until July 14, 2029, provided that the conditions of the instrument are met. Instrument revisions include aligning the instrument with the recently updated Mitigation Banking Instrument (2018), providing transparency through program operation changes, improving long-term management to ensure long-term site sustainability, and increasing fees to cover growing costs of implementing projects. The revised instrument also includes the following condition: if TNC has not identified a suitable site to offset advance credit sales within two years of that sale, then TNC will release a request for proposal to offset the liability by third-party mitigation providers.

Approval of VARTF may be made by letter, after accepting and considering public comments on its approval of VARTF for at least a 30-day public comment period pursuant to 9VAC25-210-116 D. A copy of this public notice, links to the VARTF Program Instrument and Exhibits, and the 2018 VARTF Annual Report will be available by April 15, 2019, on the DEQ website Wetlands and Streams Public Notice page at http://www.deq.virginia.gov/Programs/Water
/WetlandsStreams/PublicNotices.aspx
, under the Program and Regulatory section, or by calling or emailing David L. Davis, Department of Environmental Quality Office of Wetlands and Stream Protection.

Written comments, including those by email, must be received no later than 11:59 p.m. on May 15, 2019, and should be submitted to David L. Davis using the listed contact information. Only those comments received within the comment period will be considered by the board. Written comments shall include the name, address, and telephone number of the writer; shall reference "VARTF Reauthorization" in the subject line; and shall contain a complete, concise statement of the factual basis for comments.

Contact Information: David L. Davis, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4105, or email vwppublicnotices@deq.virginia.gov.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; 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 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 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

BOARD OF DENTISTRY

Title of Regulation: 18VAC60-21. Regulations Governing the Practice of Dentistry.

Publication: 32:5 VA.R. 706-729 November 2, 2015

Correction to Final Regulation:

Page 726, 18VAC60-21-330 C, after "§ 54.1-2400.2" replace "G" with "[ G H ]"

VA.R. Doc. No. R10-2362; Filed April 1, 2019, 4:24 p.m.