GENERAL NOTICES/ERRATA
Vol. 36 Iss. 12 - February 03, 2020

STATE AIR POLLUTION CONTROL BOARD

Proposed State Implementation Plan Revision

Purpose of notice: The Department of Environmental Quality (DEQ) is seeking comments and announcing a public comment period on a proposed permit to limit air pollution emitted by a facility in Roanoke, Virginia. This public comment period is being held in order to satisfy state public notice requirements under § 10.1-1322.01 of the Code of Virginia. If adopted, the Commonwealth also 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.

Public comment period: January 31, 2020, to March 17, 2020.

Public hearing: A public hearing will be conducted if a request is made in writing to the listed contact. 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.

Permit name: State Operating Permit issued by DEQ, under the authority of the State Air Pollution Control Board.

Name, address, and registration number: Roanoke Electric Steel Corporation d/b/a Steel Dynamics, Roanoke Bar Division, 102 Westside Boulevard, Roanoke, Virginia, Registration No. 20131.

Description of proposal: The Roanoke Electric Steel Corporation Steel Mini-Mill in Roanoke, Virginia was identified as a source subject to reasonably available control technology (RACT) for the control of NOX. The permit and RACT determination were submitted to EPA as a SIP revision on January 31, 2005. EPA approved the submittal on April 27, 2005 (70 FR 21621). Since that approval, the company has made changes to its operations that necessitate the issuance of a new state operating permit. Billet Reheat Furnace #2 was to replace Billet Reheat Furnace #1 but was never constructed. Electric Arc Furnace #4 has been removed, Ladles Preheaters EU-3 and Tundish Preheaters EU-4 have been removed and replaced with other preheaters, and Billet Reheat Furnace #1 has been permanently shut down and replaced with a new billet reheat furnace. The baseline RACT determination for Electric Arc Furnace #5 and the associated Ladle Metallurgical Station #5 has not changed.

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.

How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, written 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 listed DEQ representative. 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, 22nd Floor, 1111 East Main Street, Richmond, VA, telephone (804) 698-4249; and

(2) Blue Ridge Regional Office, 901 Russell Drive, Salem, VA, telephone (540) 562-6700.

Contact Information: Paul Jenkins, Department of Environmental Quality, 901 Russell Drive, Salem, VA 24153, telephone (540) 562-6822, FAX (540) 562-6725, or email paul.jenkins@deq.virginia.gov.

STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

State Human Rights Commmittee Decision on Proposed Variances to 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

Notice of action: The Department of Behavioral Health and Developmental Services (DBHDS), in accordance with Part VI, Variances (12VAC35-115-220 et seq.), 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 a decision by the State Human Rights Committee (SHRC) on an application for proposed variances to the Human Rights Regulations submitted to the SHRC. 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 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 variance also describes time limits and other conditions for duration and the circumstances that will end the applicability of the variance. All variances are approved for a specific time period. The variances must comply with the general requirements of Part VI, Variances (12VAC35-115-220 et seq.), of the Human Rights Regulations.

Purpose of notice: Following publication of the request for these variances in the Virginia Register of Regulations on September 16, 2019, a public comment period was held from September 16, 2019, through October 16, 2019. One comment was received. After considering all available information, at its meeting on November 21, 2019, the SHRC voted to approve the application for proposed new variances to the Human Rights Regulations for DBHDS Central State Hospital (CSH). The variances were approved for a three-year period with annual updates to the SHRC and quarterly updates to the local human rights committee (LHRC).

I. Variance is approved to the following sections:

12VAC35-115-150: General Provisions

12VAC35-115-175: Human Rights Complaint Process

12VAC35-115-180: Local Human Rights Committee Hearing and Review Procedures

12VAC35-115-190: Special Procedures for Emergency Hearings by the LHRC

12VAC35-115-200: Special Procedures for LHRC Reviews Involving Consent and Authorization

12VAC35-115-210: State Human Rights Committee Appeals Procedures

Explanation: These CSH variances allow alternative procedures for addressing complaints by individuals in maximum security when the individual is not satisfied with the director's response so that the individual may appeal to the CSH Maximum Security Appeals Committee.

II. Variance is approved to the following section:

12VAC35-115-100, Restrictions on Freedoms of Everyday Life, subdivision A 1 c, "freedom to have and spend personal money."

Explanation: Individuals who are receiving hospitalization under the civil admissions process in the maximum security perimeter may not keep any form of money on their person. The CSH variance to this regulation allows nonforensic patients to purchase items in a canteen and from external providers; however, individuals may not have money on their person.

III. Variance is approved to the following sections:

12VAC35-115-20, Policy, subdivision A 2, "Each individual who receives services shall be assured respect for basic human dignity."

12VAC35-115-50, Dignity, subdivision C 3 a, "each individual has the right to … reasonable privacy…."

Explanation: CSH cannot fulfill its duty to provide a safe environment for individuals who are high-risk in a secure forensic program through less intrusive means than routine "pat downs" of fully clothed individuals and proactive searches of individual bedroom areas. The CSH variance to these regulations allows for routine pat downs of nonforensic individuals before and after group movement: within a secure perimeter; anytime an individual leaves the secure perimeter; and any time an individual has physical access to a visitor who is not an employee of CSH and allows proactive routine searches of individual bedrooms to identify contraband or breaches of safety and security.

IV. Variance is approved to the following section:

12VAC35-115-50, Dignity:

subdivision C 6, "each individual has the right to… communicate privately with any person by mail and have help in writing and reading mail, as needed."

subdivision C 6 a, "An individual's access to mail may be limited only if the provider has reasonable cause to believe that the mail contains illegal material or anything dangerous. If so, the director or his designee may open the mail, but not read it, in the presence of the individual."

subdivision C 7, "each individual has the right to… communicate privately with any person by telephone and have help in doing so."

subdivision C 7 a, "An individual's access to the telephone may be limited only if, in the judgment of a licensed professional, communication with another person will result in demonstrable harm to the individual or significantly affect his treatment."

Explanation: The CSH variance to these regulations allows for staff to open but not read mail and packages in the presence of the individual in the maximum security program. The CSH variance also restricts individuals in the maximum security forensic program from communicating with each other by mail or telephone.

Contact Information: Deborah Lochart, Director, Office of Human Rights, Department of Behavioral Health and Developmental Services, Jefferson Building, 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

Citizen Nomination of State Surface Waters for Inclusion in Virginia Department Of Environmental Quality's Annual Water Quality Monitoring Plan

In accordance with § 62.1-44.19:5 F of the Code of Virginia, Water Quality Monitoring Information and Restoration Act, any person may request that a specific body of water be included in the Department of Environmental Quality's (DEQ's) annual water quality monitoring plan. Such requests shall include at a minimum (i) a geographical description of the water body recommended for monitoring, (ii) the reason the monitoring is requested, and (iii) any water quality data that the petitioner may have collected or compiled. Each request received by April 30 shall be reviewed when DEQ develops the annual water quality monitoring plan for the following calendar year. DEQ will respond in writing on its approval or denial of each nomination by August 31.

Please see the nominating form included as Attachment 1 (also available at https://www.deq.virginia.gov/Programs/
Water/WaterQualityInformationTMDLs/WaterQualityMonitoring/CitizenMonitoring.aspx
). Use of the nomination form is preferred; however, all nominations with the minimum of information as outlined in this notice will be accepted for review.

Please note that the monitoring program covered by this process is directed at the surface waters of the state. Private ponds, privately owned lakes, and any other body of water not deemed to be "State Waters" are ineligible.

Nominations can be submitted to the contact listed in this notice by mail or email or hand delivered to the receptionist's desk at DEQ Central Office, 1111 East Main Street, Suite 1400, Richmond, Virginia.

ATTACHMENT 1: REQUEST TO INCLUDE A WATER SEGMENT IN DEQ'S ANNUAL MONITORING PLAN

Name:

 

Date:

 

Mailing Address:

 

Street

City:

 

State:

 

Zip:

 

E-mail address:

 

 

Home telephone:

                                  

Business telephone:

 

 

 

Geographic description of the water body:

(1) Name of the water body or segment proposed for monitoring:

 

 

 

 

 

(2) Description of the upstream and downstream boundaries of the water body proposed for monitoring. Attach a map (preferably a photocopy of a 7.5 minute quad USGS topographic map) which delineates the boundaries:

 

 

 

 

 

(3) Reason for requesting that this water body be monitored:

 

 

 

 

 

 

(4) Attach any water quality data that you have collected or compiled. Include the name of the organization/entity that generated the data.

Please Mail/FedEx/Email the requested information/form to the contact listed.

Mail to: Stuart Torbeck
Department of Environmental Quality
P.O. Box 1105, Suite 1400
Richmond, VA 23218
Email:charles.torbeck@deq.virginia.gov

FedEx to: Stuart Torbeck
Department of Environmental Quality
1111 East Main Street
Richmond, VA 23219

Contact Information: Stuart Torbeck, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4461, FAX (804) 698-4032, or email charles.torbeck@deq.virginia.gov.

Virginia Electric and Power Company Rochambeau Notice of Intent for Small Renewable Energy Project (Solar) - James City County

Virginia Electric and Power Company d/b/a Dominion Energy 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 James City County. The project is an approximately 19.9-megawatt alternating current solar project located to the east of Richmond Road (Highway 60) and to the west of Rochambeau Drive in James City County. The project will be constructed on a single parcel of land of approximately 192 acres and will use photovoltaic solar modules and a single-axis tracking system to deliver up to 19.9 megawatts of electricity (alternating current) to an existing transmission line. The preliminary design of the project calls for the project to use approximately 62,964 solar panels. The project is located at latitude 37.359,
longitude -76.755.

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, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Draft Physician/Practitioner Provider Manual (Appendix D) for Stakeholder Input

Comment period: January 8, 2020, through February 7, 2020.

The draft Appendix D of the Physician/Practitioner Manual is now available on the Department of Medical Assistance Services website at http://www.dmas.virginia.gov/#/
manualdraft
for public comment until February 7, 2020.

Please refer to pages 11 and 12 of the draft Physician/Practitioner Manual for more details.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 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.

STATE WATER CONTROL BOARD

Proposed Consent Special Order for the
Estate of Isaac King Sr.

An enforcement action has been proposed for the Estate of Isaac King Sr. for violations at the IH King Grocery, 13759 Newtown Road, Newtown, Virginia. The State Water Control Board proposes to issue a special order by consent to the Estate of Isaac King 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 listed or online at www.deq.virginia.gov. Carla Pool will accept comments by email at carla.pool@deq.virginia.gov, FAX at (804) 698-4234, or postal mail at Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, from February 3, 2020, to March 4, 2020.

Proposed Enforcement Action for Sreevidya LLC

An enforcement action has been proposed for Sreevidya LLC for violations of the State Water Control Law at 253 Fincastle Turnpike, Tazewell, 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 February 4, 2020, through March 4, 2020.

Proposed Consent Order for
Sunshine Enterprise Inc.

An enforcement action has been proposed for Sunshine Enterprise Inc. for violations at the Foodway Supermarket, Bentonville, Virginia. The State Water Control Board proposes to issue a consent order with penalty to Sunshine Enterprise Inc. 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. 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 February 3, 2020, to March 4, 2020.

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

DEPARTMENT OF GENERAL SERVICES

Titles of Regulations: 1VAC30-45, Certification of Noncommercial Environmental Laboratories.

1VAC30-46, Accreditation for Commercial Environmental Laboratories.

Publication: 36:11 VA.R. 1243 January 20, 2020.

Correction to Notice of Intended Regulatory Action:

Page 1243, second paragraph, after "agency" replace "intends" with "does not intend"

VA.R. Doc. No. R20-6196; Filed January 21, 2020