GENERAL NOTICES/ERRATA
Vol. 35 Iss. 25 - August 05, 2019

GENERAL NOTICES/ERRATA

STATE AIR POLLUTION CONTROL 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 State Air Pollution Control Board is conducting a periodic review and small business impact review of each listed regulation. The review of each 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The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. 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.

9VAC5-20, General Provisions

Contact Information: Gary Graham, Regulatory Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4103, FAX (804) 698-4319, or email gary.graham@deq.virginia.gov.

9VAC5-91, Regulations for the Control of Motor Vehicle Emissions in the Northern Virginia Area

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.

Public comment period begins August 5, 2019, and ends August 26, 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 the agency contacts listed in this notice.

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 the review will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

COMMONWEALTH TRANSPORTATION 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 Commonwealth Transportation Board is conducting a periodic review and small business impact review of each listed regulation. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

24VAC30-41, Rules and Regulations Governing Relocation Assistance

24VAC30-200, Vegetation Control Regulations on State Rights-of-Way

24VAC30-240, Certification Procedures for the Disadvantaged and Women-Owned Business Program

24VAC30-401, Change of Limited Access Control

24VAC30-530, Roadway and Structure Lighting

24VAC30-580, Guidelines for Considering Requests for Restricting Through Trucks on Primary and Secondary Highways

24VAC30-590, Policies and Procedures for Control of Residential and Non-Residential Cut-Through Traffic

The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. 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.

Public comment period begins August 5, 2019, and ends August 30, 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 Steven Jack, Policy Regulatory Manager, Department of Transportation, 1401 East Broad Street, 11th Floor, Richmond, VA 23219, or to steven.jack@vdot.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 the review will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Availability of the 2020 Citizen Water Quality Monitoring Grant Program Request for Applications

The Department of Environmental Quality (DEQ) is pleased to make available the 2020 Citizen Water Quality Monitoring Grant Program Request for Applications (RFA). The primary purpose of these grants is to provide funding for water quality monitoring groups and individuals to monitor the quality of Virginia's waters. The grant can be used in a variety of ways, including purchasing water quality monitoring equipment, training citizen volunteers, paying lab analysis costs, and promoting stream monitoring at locations where DEQ is not currently collecting water quality samples. Applicants can choose from three grant options but may only apply for one grant. Multiple applications will be rejected.

The grant options include:

1. Mini-Grant: Maximum award up to $1,000. Open only to applicants who have not received a DEQ citizen monitoring grant in the previous three years. The grantee must use at least one-third of the award for equipment and begin water monitoring before the end of the grant period.

2. Regular Grant: Maximum award up to $5,000. Open to any applicants who wish to apply but recommended for organizations already familiar with water quality monitoring. The grantee must submit a Quality Assurance Project Plan (QAPP), use at least one-third of the award for equipment, and begin water monitoring before the end of the grant period.

3. Coordination Grant: Maximum award up to $11,000. Open only to applicants who coordinate at least three member monitoring organizations that total 35 or more volunteers. In addition, monitoring must occur at more than 50 sample sites covering at least three Virginia localities. The grantee must submit a QAPP, use at least one-third of the award for equipment, and begin water monitoring before the end of the grant period.

The grant application can be downloaded from the DEQ Citizen Monitoring Program Grant web page on July 9 at www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityMonitoring/CitizenMonitoring/GrantOpportunities.aspx.

In addition to offering the Citizen Water Quality Monitoring Grant Program, DEQ also provides technical assistance with developing a water quality monitoring program or a QAPP. Questions regarding the Citizen Water Quality Monitoring Grant or technical assistance should be directed to Stuart Torbeck, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4461, or email charles.torbeck@deq.virginia.gov. Information is also available on the DEQ citizen monitoring website at www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityMonitoring/CitizenMonitoring.aspx.

Contact Information: Stuart Torbeck, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4461, or email charles.torbeck@deq.virginia.gov.

Grassfield Solar LLC Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule - City of Chesapeake

Grassfield 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 the City of Chesapeake. The proposed solar farm is to be located on the west side of West Road approximately 1,000 feet south of the intersection of West Road and Airport Drive. The project will reside on approximately 200 acres of farmland that is already cleared and has been in production for decades. The project will contain approximately 75,000 370-watt solar panels and eight 2.5-megawatts transformers or inverters. The panels will be affixed to single-axis trackers. The rated capacity is 20 megawatts alternating current and 28 megawatts direct current. The land surrounding the proposed facility is zoned agriculture or light industrial.

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, or email mary.major@deq.virginia.gov.

Ladybug Solar LLC Withdrawal of Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule - Mecklenburg County

Ladybug Solar LLC has withdrawn the notice of intent to pursue a permit by rule for the proposed 65-megawatts alternating current photovoltaic solar facility to be located on approximately 500 acres in Bracey in Mecklenburg County. The notice of intent to submit was originally published in the Virginia Register of Regulations on November 27, 2017.

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, or email mary.major@deq.virginia.gov.

STATE BOARD OF HEALTH

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 State Board of Health is conducting a periodic review and small business impact review of each listed regulation. The review of each 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 each regulation should be repealed, amended, or retained in its current form. 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.

12VAC5-66, Regulations Governing Durable Do Not Resuscitate Orders

Contact Information: Cam Crittenden, Division Manager of Trauma and Critical Care, Virginia Department of Health, 1041 Technology Park Drive, Glen Allen, VA 23059-4500, telephone (804) 888-9100, FAX (804) 371-3409, or email camela.crittenden@vdh.virginia.gov.

12VAC5-105, Rabies Regulations

Contact Information: Kristin Collins, Policy Analyst, Virginia Department of Health, 109 Governor Street, Office 642, Richmond, VA 23219-3623, telephone (804) 864-7298, or email kristin.collins@vdh.virginia.gov.

Public comment period begins August 5, 2019, and ends August 26, 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 the agency contacts listed in this notice.

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 the review will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

STATE WATER CONTROL 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 State Water Control Board is conducting a periodic review and small business impact review of each listed regulation. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

9VAC25-380, Wetlands Policy

9VAC25-410, Occoquan Policy

The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. 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.

Public comment period begins August 5, 2019, and ends August 26, 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 the review will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

Public Comment Opportunity for Amendment of the Water Quality Management Planning Regulation

Notice of action: The State Water Control 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 public comment through the Department of Environmental Quality on the proposed amendment. The purpose of the proposed amendment to the state's Water Quality Management Planning Regulation (9VAC25-720) is to adopt one new total maximum daily load (TMDL) wasteload allocation.

Public comment period: August 5, 2019, through September 4, 2019.

Description of proposed action: DEQ staff will propose amendments of the state's Water Quality Management Planning regulation for the James River Basin (9VAC25-720-60 A). Statutory authority for promulgating these amendments can be found in subdivision 10 of § 62.1-44.15 of the Code of Virginia.

Staff intends to recommend (i) that the board approve one TMDL report as the plan for the pollutant reductions necessary for attainment of water quality goals in the impaired segments, (ii) that the board authorize inclusion of one TMDL report in the appropriate water quality management plan, and (iii) that the board adopt one new TMDL wasteload allocation as part of the state's water quality management regulation in accordance with §§ 2.2-4006 A 14 and 2.2-4006 B of the Code of Virginia.

The TMDL report was developed in accordance with 40 CFR § 130.7 and is exempt from the provisions of Article 2 of the Virginia Administrative Process Act. The report was 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 wasteload allocations 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 one TMDL report in this public notice has been reviewed by EPA for required TMDL elements, however, remains in draft form awaiting State Water Control Board approval. The draft report can be found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.

Affected waterbodies and localities for the one new TMDL wasteload allocation:

James River Basin (9VAC25-720-60 A):

"Bacteria TMDL Development for the Bullpasture River in Highland County, Virginia"

The Bullpasture River TMDL, located in Highland County, proposes E. coli reductions for the Bullpasture Watershed and provides a new E. coli wasteload allocation of 2.63E+12 counts/year.

How to comment: DEQ will accept 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 public comment period.

How a decision is made: After comments have been considered, the board will make the final decision.

To review documents: The TMDL report is 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 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.

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.