STATE AIR POLLUTION CONTROL BOARD
State Implementation Plan Proposed Revisions - Air Quality Plans: Nonattainment New Source Review (Rev. B19) and Ozone Implementation (Rev. C19)
Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed plan to attain and maintain the national ambient air quality standard for ozone. The Commonwealth 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 federal Clean Air Act.
Purpose of notice: DEQ is seeking comment on the issue of whether several regulation amendments should be submitted as a revision to the SIP.
Public comment period: July 20, 2020, to August 19, 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.
Public comment stage: The regulation amendments are exempt from the state administrative procedures for adoption of regulations per § 2.2-4006 A 4 c of the Administrative Process Act because they are necessary to meet the requirements of the federal Clean Air Act and do not differ materially from the pertinent EPA regulations. Since the amendments are exempt from administrative procedures for the adoption of regulations, DEQ is accepting public comment only on the issue cited under "purpose of notice" and not on the content of the regulation amendments.
Description of proposal: The proposed revision consists of two separate regulation revisions related to the control of ozone. Revision B19 enables offset requirements for emissions of nitrogen oxides (NOX) and volatile organic compounds (VOC) to be met by offsetting reductions in actual emissions of either of those precursors as established by a case-specific permit ratio for ozone. Revision C19 adds a new section listing the localities that comprise the Northern Virginia Ozone nonattainment area, which is classified as marginal for the 2015 ozone National Ambient Air Quality Standard (NAAQS). Both of these revisions are necessary in order to conform state regulations to federal regulations and thus meet the state's obligations under the Clean Air Act.
Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). Except as noted, 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.
Revision B19 contained, in addition to the offset provisions, a correction to the definition of "significant." This correction restores state language to correctly reflect federal requirements; thus, no SIP revision is needed, and this provision will not be submitted to EPA.
Revision C19 contained several provisions related to previous ozone implementation requirements that were subsequently vacated in federal court. The current revisions were made to restore state language to correctly reflect federal requirements; thus, no SIP revision is needed, and those provisions will not be submitted to EPA. Only the revisions to 9VAC5-20-204 and 9VAC5-30-55 D will be submitted as SIP revisions.
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 on the last day of the comment period. All faxes must have a cover page that lists the intended recipient. 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 DEQ representative listed. 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: Karen G. Sabasteanski, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4178, or email karen.sabasteanski@deq.virginia.gov.
STATE CORPORATION COMMISSION
AT RICHMOND, JUNE 29, 2020
COMMONWEALTH OF VIRGINIA, ex rel.
STATE CORPORATION COMMISSION
CASE NO. PUR-2020-00120
Ex Parte: In the matter of establishing rules
and regulations pursuant to § 56-585.5 E 5
of the Code of Virginia related to the
deployment of energy storage
ORDER ESTABLISHING PROCEEDING
During its 2020 Session, the Virginia General Assembly enacted the Virginia Clean Economy Act ("VCEA").1 Among other things, the VCEA, in § 56-585.5 E of the Code of Virginia, requires Appalachian Power Company ("APCo") and Virginia Electric and Power Company ("Dominion") to petition the Commission for approval to construct or acquire 400 megawatts ("MW") and 2,700 MW, respectively, of new utility-owned energy storage resources by 2035 (collectively "Energy Storage Targets"). Section 56-585.5 E 5 further provides in part that:
By January 1, 2021, the Commission shall adopt regulations to achieve the deployment of energy storage for the Commonwealth required in subdivisions 1 and 2, including regulations that set interim targets and update existing utility planning and procurement rules. The regulations shall include programs and mechanisms to deploy energy storage, including competitive solicitations, behind-the-meter incentives, non-wires alternatives programs, and peak demand reduction programs.
NOW THE COMMISSION, upon consideration of this matter, is of the opinion and finds that this matter should be established for the purpose of complying with this statutory requirement. We first seek comment on several questions raised by § 56-585.5 E 5 of the Code of Virginia. We will direct APCo and Dominion to submit comments, and permit any other interested person or entity to submit comments, regarding the issues identified below for comment. In addition to answering these specific questions, commenters also may propose specific regulations.
Issues Identified for Comment
1. What interim targets should be established for meeting the targets set forth in § 56-585.5 E 1 of the Code of Virginia for APCo?
2. What interim targets should be established for meeting the targets set forth in § 56-585.5 E 2 of the Code of Virginia for Dominion?
3. What updates to existing utility planning should be adopted to facilitate the achievement of the Energy Storage Targets?
4. What updates to existing utility procurement rules should be adopted to facilitate the achievement of the Energy Storage Targets?
5. What competitive solicitation-related programs and mechanisms to deploy energy storage should be included in the required regulations?
6. What behind-the-meter incentives to deploy energy storage should be included in the required regulations?
7. What non-wires alternatives programs to deploy energy storage should be included in the required regulations?
8. What peak demand reductions programs to deploy energy storage should be included in the required regulations?
9. Should the regulations mandate or limit the deployment of any particular type of energy storage resource or facility? If so, please explain.
10. Should the required regulations apply to non-utility energy storage? For example, should the regulations include a mechanism by which the Commission can issue permits for non-utility-owned storage?
11. Section 56-585.5 E of the Code of Virginia refers to "energy storage," "energy storage resources," "energy storage facilities," "energy storage project," and "energy storage capacity." The statute provides no definition of any of these terms.
(a) Should the regulations include a definition for each term? If so, please provide necessary definition(s).
(b) Does each included term require its own set of regulations? Why or why not?
12. Section 56-585.5 E of the Code of Virginia requires Dominion and APCo to "petition the Commission for necessary approvals to construct or acquire new, utility-owned energy storage resources . . . ." (emphasis added). Section 56-585.1 E 5 of the Code of Virginia provides in part that:
After July 1, 2020, at least 35 percent of the energy storage facilities placed into service shall be (i) purchased by the public utility from a party other than the public utility or (ii) owned by a party other than a public utility, with the capacity from such facilities sold to the public utility.
(a) Does the energy storage required by § 56-585.5 E of the Code of Virginia count toward the targets set forth in § 56-585.5 E 1 and E 2 of the Code of Virginia, or is it incremental thereto?
(b) Should this requirement be incorporated in some way into the interim targets to be adopted for Dominion and APCo?
(c) Should the regulation contain any limitation on the acquisition of energy storage facilities or purchases of capacity from utility‑affiliated interests?
13. Section 56-585.5 F of the Code of Virginia permits recovery of costs of, inter alia, "energy storage facilities, that are constructed or acquired by a Phase I or Phase II Utility after July 1, 2020"2 and costs of "energy storage facilities, purchased by the utility from persons other than the utility through agreements after July 1, 2020[.]" Is there a difference between energy storage facilities that are "acquired" by a utility and those that are "purchased" by a utility that should be addressed by the regulation? Why or why not?
14. What additional provisions should be included in the required regulations?
Accordingly, IT IS ORDERED THAT:
(1) This matter is docketed and assigned Case No. PUR-2020-00120 for the purposes of receiving comments directed herein.
(2) APCo and Dominion shall submit comments within thirty (30) days of the date of this Order.
(3) Any other interested person or entity may submit comments within thirty (30) days of the date of this Order.
(4) 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: individuals, organizations, and companies who have been identified by the Commission Staff as interested in the development of energy storage in the Commonwealth.
(5) This case is continued.
A COPY hereof shall be sent electronically by the Clerk of the Commission to all persons on the official Service List in this matter. The Service List is available from the Clerk of the Commission.
________________________________________________________________
1Senate Bill 851, 2020 Va. Acts ch. 1194, and identical House Bill 1526, 2020 Va. Acts ch. 1193 (effective July 1, 2020)
2APCo is a Phase I Utility, and Dominion is a Phase II Utility. See § 56-585.1 A 1 of the Code of Virginia.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Bookers Mill Solar LLC Center Notice of Intent for Small Renewable Energy Project (Solar) -
Richmond County
Bookers Mill Solar LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a small renewable energy project (solar) in Richmond County. The Bookers Mill Solar Project is located on 1,000 acres of property previously used as timberland with an address of Maon Road, Farnham, Virginia 22460. The rated capacity of the facility at the point of interconnection will be 127 megawatts alternating current, with approximately 332, 000 solar panels on single axis tracker technology.
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.
Watlington Solar LLC Center Notice of Intent for Small Renewable Energy Project (Solar) -
Halifax County
Watlington Solar LLC has provided the Department of Environmental Quality with a notice of intent to submit the necessary documentation for a small renewable energy project (solar) permit by rule for the Watlington Solar Center. The project is a 20-megawatts (maximum alternating current capacity) solar energy facility located in Halifax County. The project site is located approximately two miles south of the Town of South Boston and encompasses approximately 140 of a 220-acre site. The project will be single-axis tracking, utilizing approximately 60,788 panels.
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
Intent to Amend the Virginia State Plan for Medical Assistance Pursuant to § 1902(a)(13) of the Social Security Act (USC § 1396a(a)(13)) by Updating the Dental Fee Schedule
Public comment: June 24, 2020, to July 24, 2020.
The Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to amend the Virginia State Plan for Medical Assistance to provide for changes to the Methods and Standards for Establishing Payment Rates-Other Types of Care (12VAC30-80).
This notice is intended to satisfy the requirements of 42 CFR 447.205 and of § 1902(a)(13) of the Social Security Act. A copy of this notice is available for public review from Emily McClellan, Policy and Research Division, Department of Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219, or email at emily.mcclellan@dmas.virginia.gov.
This notice is available for public review on the Virginia Regulatory Town Hall at https://townhall.virginia.gov/L/generalnotice.cfm.
Reimbursement Changes Affecting Other Types of Care (12VAC30-80)
The agency's dental fee schedule is being updated on July 26, 2020, to include updated dental procedure codes.
There is no expected increase or decrease in aggregate annual expenditures.
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 Gutterman Iron and Metal Corporation
An enforcement action has been proposed for Gutterman Iron and Metal Corporation 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 July 20, 2020, to August 20, 2020.
Proposed Enforcement Action for Navadurga LLC
An enforcement action has been proposed for Navadurga 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 July 20, 2020, to August 20, 2020.
Proposed Enforcement Action for Richmond American Homes of Virginia Inc.
An enforcement action has been proposed for Richmond American Homes of Virginia Inc. for violations of the State Water Control Law at the Highpoint of Culpeper development site located in Culpeper County, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at http://www.deq.virginia.gov/Programs/Enforcement
/PublicNotices. Jim Datko will accept comments by email at james.datko@deq.virginia.gov or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from July 21, 2020, through August 20, 2020.
Proposed Enforcement Action for Sant Corporation and Vishwash LLC
An enforcement action has been proposed for the Sant Corporation and Vishwash LLC for violations of the State Water Control Law in Hampton and Newport News, 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 July 20, 2020, to August 20, 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.