GENERAL NOTICES/ERRATA
Vol. 36 Iss. 15 - March 16, 2020

DEPARTMENT OF ENVIRONMENTAL QUALITY

Announcing the Availability of the 2020 Annual Monitoring Plan

The Virginia Department of Environmental Quality (DEQ) is announcing the availability of the 2020 Water Quality Monitoring Plan (MonPlan). The 2020 MonPlan is now available on the agency's website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityMonitoring/AnnualWaterQualityMonitoringPlan.aspx.

A map view of the 2020 MonPlan is available through DEQ's VEGIS viewer at https://apps.deq.virginia.gov/mapper_ext/default.aspx.

Background: Every year, DEQ staff from the six agency regional offices collect water samples for testing from more than 1,000 locations across the Commonwealth. The agency's various monitoring activities for each calendar year are outlined in the annual statewide MonPlan.

2020 MonPlan: The 2020 MonPlan summarizes DEQ's water quality monitoring activities to be conducted from January 1, 2020, through December 31, 2020, and is developed for the purpose of implementing the goals and objectives of DEQ's 2013 Water Quality Monitoring Strategy1. This water quality information is presented in compliance with the Virginia Water Quality Monitoring, Information and Restoration Act (§ 62.1-44.19:4 et seq. of the Code of Virginia) to help ensure public awareness of water quality issues and conditions. The MonPlan contains detailed information on DEQ's monitoring activities, including the station locations, specific conditions, frequency of monitoring, and costs.

Contacts for more information: Requests for more information on the 2020 MonPlan can be directed to Roger Stewart at telephone (804) 698-4449 or at email roger.stewart@deq.virginia.gov. Additional information is also available on DEQ's Water Quality Monitoring website at https://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityMonitoring.aspx.

Citizen nominations for the 2021 MonPlan: Citizens can nominate portions of lakes, streams, and rivers of Virginia for water quality monitoring by DEQ. Nominations received on or before April 30, 2020, will be considered for inclusion in DEQ's 2020 MonPlan. Contact Stuart Torbeck at telephone (804) 698-4461 or at email charles.torbeck@deq.virginia.gov for more information. More information on the citizen nomination process is also available on DEQ's Citizen Monitoring website at https://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityMonitoring/CitizenMonitoring/FollowupMonitoring.aspx.

Contact Information: Roger Stewart, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4449, or email roger.stewart@deq.virginia.gov.
_________________________

1The 2013 Water Quality Monitoring Strategy is available on DEQ's website at http://www.DEQ.Virginia.gov/programs/water/waterqualityinformation
tmdls/waterqualitymonitoring/deqswaterqualitymonitoringstrategy.aspx
.

Cabin Point Solar Center LLC Notice of Intent for Small Renewable Energy Project (Solar) - Sussex County

Cabin Point Solar Center LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a renewable energy project (solar) in Sussex County. The project is to be sited on approximately 700 acres adjacent to Cabin Point Road. The project will have a maximum capacity of 75 megawatts alternating current and, depending on final design, consist of approximately 260,000 solar photovoltaic modules installed on single-axis tracking racking structures and inverters installed on approximately 27 separate concrete pads.

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

Stratford Solar Center LLC Notice of Intent for Small Renewable Energy Project (Solar) - City of Suffolk

Stratford Solar Center LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a renewable energy project (solar) in the City of Suffolk. The project is to be located on approximately 150 acres adjacent to White Marsh Road. The project will have a maximum capacity of 15 megawatts alternating current and, depending on final design, consist of approximately 50,000 solar photovoltaic modules installed on single-axis tracking racking structures and inverters installed on approximately five separate concrete pads.

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

DEPARTMENT OF GENERAL SERVICES

Request for Comments on Revision to Fees for Drinking Water Laboratory Certification
Effective May 1, 2020 - April 30, 2021

Purpose of notice and background information: The Division of Consolidated Laboratory Services (DCLS) is seeking public comment on the revision to fees charged for certifying drinking water laboratories under 1VAC30-41-270.

1VAC30-41-270 I 2 requires DCLS to increase or decrease annually the fees charged for certifying drinking water laboratories using the Consumer Price Index-Urban percentage change, average-average for the previous calendar year published by the U.S. Bureau of Labor Statistics in January. The percentage change, average-average for 2019 is an additional 1.8%. See the table labeled "Historical Consumer Price Index for All Urban Consumers (CPI-U): U.S. city average, all items, index averages" (page 4) at https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-201912.pdf.

The revised fees are exempt from the requirements of the Administrative Process Act. The Budget of the Commonwealth of Virginia (Chapter 854 of the 2019 Acts of Assembly) in Part I, Item 74 C 3a requires DCLS to provide notice and an opportunity to submit written comments on the revised fees.

The notice of fees for May 1, 2020, through April 30, 2021, will be published on the DCLS drinking water laboratory certification webpage after consideration of submitted comments.

Public comment period: March 16, 2020, through April 15, 2020.

How to comment: DCLS 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 DCLS by the last day of the comment period. All materials received are part of the public record. Written comments should be sent to Rhonda Bishton, Regulatory Coordinator, Department of General Services, Attn: DCLS DW Fee Comments, 1100 Bank Street, Richmond, VA 23219, email rhonda.bishton@dgs.virginia.gov, FAX (804) 371-8305, or telephone (804) 786-3311.

NOTICE OF FEES FOR MAY 1, 2020 – APRIL 30, 2021

DCLS requests comments on the listed revised fees.

TESTING CATEGORY

FEE

Microbiological testing

 

1 - 2 methods

$659

 

3 - 5 methods

$768

 

6+ methods

$878

Inorganic chemistry, nonmetals testing

 

1 - 2 methods

$713

 

3 - 5 methods

$931

 

6 - 8 methods

$1152

 

9+ methods

$1371

Inorganic chemistry, metals testing

 

1 - 2 methods

$1096

 

3 - 5 methods

$1315

 

6+ methods

$1533

Organic chemistry

 

1 - 2 methods

$1152

 

3 - 5 methods

$1371

 

6 - 8 methods

$1589

 

9+ methods

$1810

Radiochemistry

 

1 - 2 methods

$1207

 

3 - 5 methods

$1425

 

6+ methods

$1645

Asbestos

 

1 - 2 methods

$986

 

3 - 5 methods

$1207

 

6+ methods

$1425

Contact Information: Rhonda Bishton, Director's Executive Administrative Assistant, Department of General Services, 1100 Bank Street, Suite 420, Richmond, VA 23219, telephone (804) 786-3311, FAX (804) 371-8305, or email rhonda.bishton@dgs.virginia.gov.

STATE BOARD OF HEALTH

Public Meeting and Public Comment for Drinking Water State Revolving Fund Program Intended Use Plan for Fiscal Year 2020

Under the Safe Drinking Water Act, Congress authorizes capitalization grants to the states through the Drinking Water State Revolving Loan Fund Program (DWSRF). As part of the annual DWSRF grant application process, Virginia seeks meaningful public involvement through input, review, and comments. The Virginia Department of Health's Office of Drinking Water (ODW) prepared a draft intended use plan (IUP) that explains the goals of the program, funding priorities, how VDH intends to use the grant funds, and other important information submitted from the funding requests and set-aside suggestions.

The Virginia Department of Health (VDH) received several funding requests and set-aside suggestions following the January 2019 DWSRF funding solicitation announcement. The draft IUP and draft project lists are open for review and comment by the public for a period of 30 days. The document entitled "Virginia Drinking Water State Revolving Fund Program Design Manual" dated January 2020 is part of the IUP and is available on the ODW website.

The VDH will hold a public meeting to solicit comments and recommendations regarding the IUP on Thursday, March 19, 2020, from 2 p.m. to 3 p.m. at the VDH's Office of Drinking Water, 6th floor library, 109 Governor Street, VA 23219. Those individuals planning to attend the public meeting should contact Theresa Hewlett at telephone (804) 864-7501 by the close of business on Thursday, March 12, 2020.

The public comment period closes on Thursday, March 19, 2020. Any written comments from the public must be submitted by Thursday, March 19, 2020, immediately after the conclusion of the public meeting. VDH considers all meaningful public input and comments and will make revisions to the IUP and project priority list if necessary. Please direct requests for information and forward written comments to: Kelly Ward, DWSRF Director, Office of Drinking Water, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7500, FAX (804) 864-7521.

The following information is provided under Financial and Construction Assistance Programs at http://www.vdh.virginia.gov/drinking-water/financial-construction-assistance-programs/drinking-water-state-revolving-fund-program/.

Alternatively, it may be found at these links:

VDH's FY2020 Draft IUP

• VDH's FY2020 Preliminary Project Priority List/Comprehensive Project List

The IUP is subject to change depending on Environmental Protection Agency award allocations.

Contact Information: Kelly Ward, DWSRF Director, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7500, FAX (804) 864-7521, or email kelly.ward@vdh.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Special Order for East West-Hallsley LLC

An enforcement action is proposed for East West-Hallsley LLC for alleged violations that occurred in Chesterfield, Virginia. The State Water Control Board proposes to issue a consent special order to East West-Hallsley LLC 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. Frank Lupini will accept comments by email at frank.lupini@deq.virginia.gov or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from March 16, 2020, to April 16, 2020.

Proposed Consent Order for Hartland Institute of Health and Education

An enforcement action has been proposed for Hartland Institute of Health and Education for violations of the State Water Control Law and regulations at the Hartland Institute facility located in Rapidan, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Hartland Institute 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 March 17, 2020, through April 16, 2020.

Proposed Consent Order for Hessian Co. Ltd.

An enforcement action has been proposed for Hessian Co. Ltd. for violations of the State Water Control Law and regulations at Faddis Concrete Products located in King George, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with Faddis Concrete Products. 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 March 17, 2020, through April 16, 2020.

Proposed Consent Special Order for TA Operating LLC and HPT TA Properties Trust d/b/a Travel Centers of America

An enforcement action is proposed for the TA Operating LLC and HPT TA Properties Trust d/b/a Travel Centers of America for alleged violations that occurred at Richmond Travel Center, Hanover County, Virginia. The State Water Control Board proposes to issue a consent special order to Travel Centers of America 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. Frank Lupini will accept comments by email at frank.lupini@deq.virginia.gov or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from March 2, 2020, to April 2, 2020.

Proposed Consent Special Order for Twittys Creek Solar LLC

An enforcement action has been proposed with Twittys Creek Solar LLC for violations in Charlotte 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 listed 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, 901 Russell Drive, Salem, VA 24153, from March 16, 2020, to April 17, 2020.

Public Meeting and Public Comment for a TMDL Implementation Plan for the McClure River Watershed in Dickenson County

Public meeting: The final public meeting to review the draft total maximum daily load (TMDL) implementation plan (IP) for the McClure River watershed will be held on Thursday, March 26, 2020, from 5 p.m. until 7 p.m. in the McClure River Kiwanis building, State Route 63 (Dante Mountain Road) and State Route 773 (Herndon Road) in the McClure Community, Dickenson County, Virginia. An alternative date in case of inclement weather is April 2, 2020, at the same time and location.

Purpose of notice: The Department of Environmental Quality (DEQ) is seeking input from watershed stakeholders to address the best way to restore water quality in the McClure River watershed. A draft implementation plan has been developed to explain the pollutant reductions needed to meet the targets contained in the 2018 TMDL report prepared for the watershed. A 30-day public comment period starts March 27, 2020, for interested persons to submit written comments.

Description of study: There are six different impaired stream segments in the McClure River watershed, including three segments of the McClure River mainstem, Big Spraddle Branch, Buffalo Creek, and Roaring Fork. All segments are listed as impaired on Virginia's § 303(d) TMDL Priority List and Report due to violations of Virginia's recreational use water quality standard from excess levels of E. coli bacteria.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report. DEQ completed the bacteria TMDL for the McClure River in 2018. To obtain a copy of the TMDL report, use the contact information listed. In addition, § 62.1-44.19:7 C of the Code of Virginia requires expeditious implementation of total maximum daily loads when appropriate. The implementation plan (IP) provides measurable goals and the date of expected achievement of water quality objectives. The IP also recommends a specific set of voluntary best management practices for agricultural lands, residential septic systems, and pet waste disposal to reduce bacteria entering area streams and their associated costs, benefits, and environmental impacts. Obtain a copy of the draft IP at https://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLImplementation/TMDLImplementationPlans.aspx.

How to comment and participate: This meeting is open to the public and all interested parties are welcome. A public comment period on the development of the TMDL IP will begin on March 27, 2020, and end April 27, 2020. All comments must be written and submitted via postal mail or email by 11:59 p.m. on April 27, 2020. Comments must include the name, address, and telephone number of the person submitting the comments. Please submit comments to Stephanie Kreps, Department of Environmental Quality, Southwest Regional Office, 355A Deadmore Street, Abingdon, VA 24210, telephone (276) 676-4803, or email stephanie.kreps@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

STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Title of Regulation: 12VAC35-260. Certified Recovery Residences.

Publication: 36:11 VA.R. 1338-1342, January 20, 2020.

Correction to Final Regulation:

Page 1342, FORMS list, in the hyperlinked form name, after "(eff." change "8/2019)" to "3/2020)"

VA.R. Doc. No. R20-6077; Filed February 24, 2020, 1:20 p.m.