GENERAL NOTICES
Vol. 36 Iss. 22 - June 22, 2020

STATE AIR POLLUTION CONTROL BOARD

State Implementation Plan Revision - Proposed 2017 Base Year Inventory for Northern Virginia Ozone Nonattainment Area for Precursors to the Pollutant Ozone

The Department of Environmental Quality (DEQ) is seeking comments and announcing a public comment period on a proposed 2017 base year inventory for precursors to the pollutant ozone, which are carbon monoxide (CO), nitrogen oxides (NOX), and volatile organic compounds (VOC), in the Northern Virginia Ozone Nonattainment Area. The Commonwealth intends to submit the inventory as a revision to the Virginia State Implementation Plan (SIP) in accordance with the federal Clean Air Act. The SIP is the plan developed by Virginia in order to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the National Ambient Air Quality Standards (NAAQS) promulgated by the U.S. Environmental Protection Agency (EPA).

Purpose of notice: DEQ is seeking comments on the overall 2017 inventory for the Northern Virginia portion of the Metropolitan Washington, DC-MD-VA Ozone Nonattainment Area, which is classified as marginal for the 2015 NAAQS, and consists of the counties of Arlington, Fairfax, Loudoun, and Prince William and the cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park.

Public comment period: June 22, 2020, to July 22, 2020. This comment period is in addition to the previously conducted public comment period of April 27, 2020, to May 27, 2020.

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 proposal consists of a comprehensive inventory of actual emissions from all sources of relevant pollutants for the base year 2017. This inventory, once finalized, will be the basis for any future planning exercises that have as a goal compliance with the 2015 ozone NAAQS. The proposal was prepared by the Metropolitan Washington Air Quality Committee (MWAQC), which consists of elected officials from the affected localities and representatives of state transportation and air quality planning agencies.

The complete proposal is available at https://www.mwcog.org/documents/2020/05/27/washington-dc-md-va-2015-ozone-naaqs-nonattainment-area-base-year-2017-emissions-inventory-updated-may-28-2020/.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). The proposed inventory and supporting technical documents 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, comments must include the full name, address, and telephone number of the person commenting and be received by DEQ no later than the last day of the comment period. A cover page with recipient designation must be part of each fax. DEQ prefers that comments be provided in writing, along with any the supporting documents or exhibits. Comments must be submitted to the contact person listed at the end of this notice. All materials received are part of the public record.

To review the proposal: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans and Programs website at https://www.deq.virginia.gov/Programs/Air/PublicNotices/airplansandprograms.aspx. The documents may also be obtained by contacting the DEQ representative provided. The public may schedule an appointment to 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) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583-3800.

Contact Information: Doris A. McLeod, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4197, FAX (804) 698-4178, or email doris.mcleod@deq.virginia.gov.

STATE CORPORATION COMMISSION

AT RICHMOND, MAY 29, 2020

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. PUE-2013-00045

Concerning the establishment of a renewable energy
pilot program for third party power purchase agreements

ORDER UPDATING GUIDELINES

On March 14, 2013, the Virginia General Assembly enacted Chapter 382 of the 2013 Virginia Acts of Assembly ("2013 Legislation") requiring the State Corporation Commission ("Commission") to conduct a renewable energy pilot program for third party power purchase agreements ("Pilot Program") within the service territory of Virginia Electric and Power Company and to establish certain guidelines regarding implementation of this Pilot Program. Pursuant to the 2013 Legislation, on November 14, 2013, the Commission established the Pilot Program and developed Guidelines Regarding Notice Information for a Third Party Renewable Power Purchase Agreement ("Guidelines").

On April 5, 2017, the Virginia General Assembly approved Chapter 803 of the 2017 Virginia Acts of Assembly ("2017 Amendments"), which, among other things, re-enacted the 2013 Legislation with amendments requiring that the Pilot Program be conducted within the certificated service territory of each investor‑owned electric utility in Virginia, excepting any utility described in § 56‑580 G of the Code of Virginia. As a result, updates to the Applicability and Program Cap Management sections of the Guidelines were made by the Commission on June 29, 2017, in this docket.

During its 2020 Session, the Virginia General Assembly enacted Chapters 1193 (HB 1526) and 1194 (SB 851) of the 2020 Virginia Acts of Assembly which, inter alia, amended the Pilot Program ("2020 Amendments").1 The 2020 Amendments require that the Pilot Program be conducted within the certificated service territory of each investor‑owned electric utility in Virginia, now including Kentucky Utilities Company d/b/a Old Dominion Power Company in addition to Virginia Electric and Power Company and Appalachian Power Company. The 2020 Amendments also: (i) increase the renewable generation capacities available for this program, (ii) increase the size of the renewable generation facilities eligible for inclusion in the program, and (iii) increase the overall caps of this program in the investor-owned utilities' service territories, based upon the utilities' peak load forecasts. As a result, updates to the Applicability, Contents of Filing and Program Cap Management sections of the Guidelines are necessary to reflect these legislative changes.

NOW THE COMMISSION, upon consideration of this matter, is of the opinion and finds that the Guidelines should be updated as set forth in Attachment A to this Order to reflect the 2020 Amendments.2

Accordingly, IT IS ORDERED THAT:

(1) The instant case is moved from "closed" to "active" status in the records maintained by the Clerk of the Commission and is restored to the Commission's docket for the purpose of updating the Commission's Guidelines.

(2) The Guidelines, which were established pursuant to the 2013 Legislation and previously updated to reflect changes to the Pilot Program resulting from the 2017 Amendments, hereby are further updated as set forth in Attachment A to this Order to reflect the changes to the Pilot Program resulting from the 2020 Amendments.

(3) On and after the effective dates of these updates, any renewable third-party power purchase agreement established pursuant to the Pilot Program shall be established in accordance with these Guidelines and shall comply with the attendant statutory requirements.

(4) The updates to these Guidelines shall become effective on July 1, 2020.

(5) The Commission's Division of Public Utility Regulation shall  provide copies of this Order by electronic transmission, or when electronic transmission is not possible, by mail, to: (i) all current Pilot Program participants; and (ii) individuals, organizations, and companies who (a) previously participated in the Commission's dockets establishing and updating the Pilot Program Guidelines, or (b) have otherwise been identified by the Commission Staff as interested in the development of solar and wind powered generation in the Commonwealth. This Order shall also be posted on the Commission's website.

(6) This case is dismissed.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to: Paul E. Pfeffer, Esquire, Dominion Resources Services, Inc., 120 Tredegar Street, Riverside 2, Richmond, Virginia 23219, paul.e.pfeffer@dominionenergy.com; Noelle J. Coates, Esquire, American Electric Power Service Corporation, 1051 E. Cary Street, 3 James Center, Suite 1100, Richmond, Virginia 23219, njcoates@aep.com; Allyson K. Sturgeon, Esquire  LG&E and KU Energy LLC, 220 West Main Street, Louisville, Kentucky 40202, allyson.sturgeon@lge-ku.com; C. Meade Browder, Jr., Senior Assistant Attorney General, Office of the Attorney General, Division of Consumer Counsel, 202 N. 9th Street, Floor 8, Richmond, Virginia 23219, mbrowder@oag.state.va.us; and a copy shall be delivered to the Commission's Office of General Counsel and Divisions of Public Utility Regulation and Utility Accounting and Finance.

_____________________________

1These Acts of Assembly are duplicate enactments known as the "Virginia Clean Economy Act." The 2020 Amendments to the Pilot Program are also included in Chapters 1178 (HB 572), 1187 (SB 710), 1189 (HB 1184, and 1239 (HB 1647) of the 2020 Acts of Assembly.

2A copy of the Guidelines that highlights the updates included in Attachment A also is attached to this Order as Attachment B. A copy of the Guidelines set forth in Attachment A and Attachment B also may be viewed at https://scc.virginia.gov/pages/Renewable-Energy-Pilot-Program.

* * *

AT RICHMOND, MAY 29, 2020

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. URS-2020-00052

Ex Parte: In the matter
concerning regulations required by Chapter 822
of the 2020 Acts of Assembly

ORDER ESTABLISHING PROCEEDING

Chapter 822 of the 2020 Virginia Acts of Assembly ("Act") amends the Code of Virginia ("Code") by adding a provision directing the State Corporation Commission ("Commission") to promulgate regulations requiring that a licensed professional engineer exercise responsible charge over engineering projects that (i) involve gas pipeline facilities, as defined in the federal regulations promulgated under 49 USC § 60101 et seq., as amended and adopted by the Commission, and the federal pipeline safety laws, and (ii) may present a material risk to public safety.1 These regulations are in furtherance of the Act's related amendment to a Code provision2 that, inter alia, exempts from professional engineer licensing, employees of Commission‑regulated public service corporations when providing engineering services in connection with public service corporations' facilities regulated by the Commission.3

The Act further directs the Commission to convene a stakeholder group to develop and propose to the Commission no later than December 1, 2020, recommendations concerning these regulations ("Stakeholder Group"). 4 The Stakeholder Group is to include representatives of natural gas utilities in the Commonwealth.

NOW THE COMMISSION, upon consideration of the foregoing, hereby directs the Staff of the Commission's Division of Utility and Railroad Safety ("URS Division Staff" or "Staff") to furnish copies of this Order to individuals, organizations, and companies identified by Staff as potentially having an interest in this proceeding. We further direct the URS Division Staff to organize and convene the Stakeholder Group required by the Act. The Stakeholder Group shall include one representative from each of the following: individual local distribution companies in the Commonwealth, the Virginia Society of Professional Engineers, the Department of Professional Occupational Regulations, and other natural gas utilities in the Commonwealth. Finally, we will direct the URS Division Staff, utilizing input from the Stakeholder Group and its own inquiry, to submit to the Commission a report presenting draft regulations, findings, and recommendations ("Staff Report") corresponding to the directives to the Commission contained in the Act's Third Enactment Clause. 5

Accordingly, IT IS ORDERED THAT:

(1) The Commission establishes Case No. URS-2020-00052 for the purpose of developing regulations to be promulgated by the Commission regarding engineering projects involving gas pipeline facilities.

(2) The URS Division Staff shall establish and coordinate the Stakeholder Group required by the Act, convening the group's first meeting by July 15, 2020. Requests for information concerning Stakeholder Group participation and meetings shall be directed to lauren.govoni@scc.virginia.gov.

(3) On or before December 1, 2020, the URS Division Staff, utilizing input from the Stakeholder Group and its own inquiry, shall submit to the Commission a Staff Report presenting draft regulations, findings, and recommendations in response to the directives to the Commission contained in the Act's Third Enactment Clause.

(4) The Staff shall also transmit electronically or by mail a copy of this Order to individuals, organizations, and companies identified by Staff as potentially having an interest in this proceeding.

(5) This matter is continued.

AN ATTESTED COPY HEREOF shall be sent by the Clerk of the Commission to: Richard S. Tyler, P.E., President, Virginia Society of Professional Engineers, P.O. Box 6087 Fredericksburg, VA 22403, info@vspe.org; Mary Broz-Vaughan, Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, Virginia 23233, mary.broz-vaughan@dpor.virginia.gov; Brently K. Archer, President, Columbia Gas of Virginia, Inc., 1809 Coyote Drive, Chester, Virginia 23836, barcher@nisource.com; Jim Kibler, President, Virginia Natural Gas, Inc., 544 S Independence Boulevard, Virginia Beach, Virginia, 23452, jkibler@southernco.com; Donald "Blue" Jenkins, President, Washington Gas Light Company, 6801 Industrial Road, Springfield, Virginia 22151, blue.jenkins@washgas.com; Paul Nester, President & CEO, Roanoke Gas Company, 519 Kimball Avenue NE, Roanoke, Virginia, 24016, paul_nester@rgcresources.com; James E. McClain, President, Southwestern Virginia Gas Company, 208 Lester Street, Martinsville, Virginia 24112, james@swvagas.com; John D. Jessee, President, Appalachian Natural Gas Distribution Company, 220 West Valley Street, NW, Abingdon, Virginia, 24210, jjessee@appnatgas.com; J. Kevin Dobbs, President, Atmos Energy Corporation, 810 Crescent Center Drive Suite 600, Franklin, Tennessee, 37067, kevin.dobbs@atmosenergy.com; Eric V. Taylor, Director, Pipeline Safety Management Systems, Dominion Energy Transmission, Inc., 925 White Oaks Blvd, Bridgeport, West Virginia 26330. eric.v.taylor@dominionenergy.com; Christopher J. Wagner, Director of Safety, AmeriGas Propane, Inc., 460 North Gulph Road, King of Prussia, Pennsylvania 19406, christopher.wagner@amerigas.com; Nicole Sullivan, Vice President, Anderson Propane Service, Inc., P.O. Box 300, 11905 Tidewater Trail, Fredericksburg, Virginia 22408, nicoles@andersonoil.com; Dennis Hochkamer, Propane Safety Manager, Holtzman Oil Corp., P.O. Box 8, Mt. Jackson, Virginia 22842, dennish@hotzmancorp.com; John Henry Jordan, Vice President of Facilities, Management Services Corporation, 102 South First Street, Suite 301, P. O. Box 5306, Charlottesville, Virginia 22905, jjordan@msc-rents.com. A copy also shall be delivered to the Commission's Office of General Counsel and Division of Utility and Railroad Safety.

___________________________________________

1New § 56-257.2:1 of the Code.

2Section 54.1-401 of the Code.

3The Act's Fourth Enactment Clause delays the effective date of the Act's First Enactment containing these Code amendments to January 1, 2021. However, the rulemaking process established herein is directed pursuant to the Act's Second and Third Enactments.

4The Act's Second Enactment Clause establishes this stakeholder process.

5The Act's Third Enactment Clause provides as follows: "3. That prior to promulgating the regulations required by § 56-257.2:1 of the Code of Virginia, as created by this act, the State Corporation Commission (the Commission) shall determine the extent to which engineering projects involving gas pipeline facilities present a material risk to public safety and thereby require the seal of a professional engineer. In making its determination, the Commission shall consider solutions that other states and the natural gas industry have proposed or used in addressing such risks and any other information it deems relevant. The Commission shall evaluate (i) the installation of new or replacement transmission class pipelines, distribution mains, distribution services, points of delivery, and district regulator stations; (ii) projects that involve a change in system pressure; (iii) any other projects that may present a material risk to public safety; and (iv) alternative procedures for emergency work."

DEPARTMENT OF ENVIRONMENTAL QUALITY

Apple Grove Solar Notice of Intent for Small Renewable Energy Project (Solar) - Louisa County

Apple Grove Solar 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 Louisa County. The project is to be located on up to 147 acres adjacent to Jefferson Highway. The project will have a maximum capacity of 20 megawatts alternating current and, depending on final design, consist of approximately 66,000 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, or email mary.major@deq.virginia.gov.

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

Grassfield Solar LLC has withdrawn the 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 was 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 notice of intent was originally published in the Virginia Register of Regulations on August 5, 2019.

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.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Medical Assistance Eligibility Manual Draft Transmittal

Comment period: June 1, 2020, to June 30, 2020.

The Medical Assistance Eligibility Manual draft transmittal (DMAS-17) is now available for review and public comment. The changes in this document are proposed to be effective on July 1, 2020.

The notice is available at http://www.dmas.virginia.gov/files/links/5346/Draft%20TN%20#DMAS-17%20Effective%207-1-20.pdf.

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 Enforcement Action for Nicholas Anoia

An enforcement action has been proposed for Nicholas Anoia for violations of the State Water Control Law in Virginia Beach, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Russell Deppe will accept comments by email at russell.deppe@deq.virginia.gov, FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from June 22, 2020, to July 22, 2020.

Proposed Consent Special Order for Hanover County Department of Public Utilities

The State Water Control Board proposes to issue a consent special order to Hanover County Department of Public Utilities for alleged violation of the State Water Control Law at the Doswell wastewater treatment plant, 15468 Theme Park Way, Hanover, Virginia. 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 (Enforcement), 4949-A Cox Road, Glen Allen, VA 23060 until July 22, 2020.

Proposed Consent Special Order for
Highway Express Inc.

The State Water Control Board proposes to issue a consent special order to Highway Express Inc. for alleged violation of the State Water Control Law at 25306 North James Madison Highway, New Canton, Virginia 23123. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Aree Reinhardt will accept comments by email at aree.reinhardt@deq.virginia.gov, FAX at (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office (Enforcement), 4949-A Cox Road, Glen Allen, VA 23060, from June 22, 2020, to July 23, 2020.

Proposed Enforcement Action for
Mil-Spec Abrasives LLC

An enforcement action has been proposed for Mil-Spec Abrasives LLC for violations of the State Water Control Law in Norfolk, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Russell Deppe will accept comments by email at russell.deppe@deq.virginia.gov, FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from June 22, 2020, to July 22, 2020.

Proposed Enforcement Action for Tri M. Nguyen

An enforcement action is proposed for Tri M. Nguyen for violations in Accomack County at the Anna Farm. Tri M. Nguyen withdrew groundwater without a permit in violation of the Groundwater Management Act of 1992. A description of the proposed action is available at https://www.deq.virginia.gov/Programs/Enforcement/PublicNotices.aspx. Lee Crowell will accept comments by email at lee.crowell@deq.virginia.gov or postal mail at Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, from June 22, 2020, to July 22, 2020.

Proposed Enforcement Action for
Quarles Petroleum Inc.

An enforcement action has been proposed for Quarles Petroleum Inc. for violations at the Valley Avenue Citgo in Winchester, Virginia. The State Water Control Board proposes to issue a consent order with penalty to Quarles Petroleum 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. Eric Millard will accept comments by email at eric.millard@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 June 22, 2020, to July 22, 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

STATE WATER CONTROL BOARD

Title of Regulation: 9VAC25-260. Water Quality Standards.

Publication: 36:11 VA.R. 1255 January 20, 2020.

Correction to Notice of Effective Date:

Page 1255, as the last sentence in the notice, preceding the Agency Contact, add "Upon this notice of effective date, in subdivision bb of 9VAC25-260-310, after "effective date," insert ", January 9, 2020,"

VA.R. Doc. No. R12-2932; Filed June 4, 2020.