AIR POLLUTION CONTROL BOARD
Proposed Revision to Plan to Attain and Maintain the National Ambient Air Quality Standard for Ozone, State Implementation Plan
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 a regulation amendment should be submitted as a revision to the SIP.
Public comment period: February 1, 2021, to March 3, 2021.
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 amendment is exempt from the state administrative procedures for adoption of regulations contained in Article 2 of the Administrative Process Act by the provisions of § 2.2-4006 A 4 c of the Code of Virginia because it is necessary to meet the requirements of the federal Clean Air Act and does not differ materially from the pertinent EPA regulations. Since the amendment is exempt from administrative procedures for the adoption of regulations, DEQ is accepting comment only on the issue cited under "purpose of notice" and not on the content of the regulation amendment.
Description of proposal: Article 43 (Emission Standards for Municipal Solid Waste Landfills) of 9VAC5-40 was originally designed to control two separate pollutants: (i) ozone in the Northern Virginia ozone nonattainment area as required by § 110 of the Clean Air Act and implemented by 40 CFR Part 51 and (ii) nonmethane organic compounds as required by § 111(d) of the Clean Air Act and implemented by Subpart Cc of 40 CFR Part 60, which is applicable statewide. On August 29, 2016 (81 FR 59276), EPA promulgated new emissions guidelines for municipal solid waste landfills as Subpart Cf of 40 CFR Part 60. To adopt the requirements of Subpart Cf while maintaining the state-only requirements specific to the Northern Virginia ozone nonattainment area, the board promulgated a new Article 43.1 and amended Article 43 to include transitional text (Revision H16). This enabled the adoption of the new statewide standards without affecting the more restrictive requirements of Article 43 applicable to the nonattainment area. The § 111(d) portion of Revision H16 was submitted to EPA as a § 111(d) plan revision and approved June 23, 2020 (85 FR 37568). The department now seeks to amend the § 110 SIP to incorporate the changes to Article 43 effected by Revision H16.
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, 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 website at https://www.deq.virginia.gov/permits-regulations/public-notices. 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: Cindy Berndt, Regulatory Coordinator, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4378, FAX (804) 698-4178.
STATE WATER CONTROL BOARD
Proposed Enforcement Action for Amelia Enterprises Inc., Facilities 4039618 and 4023056
The State Water Control Board proposes to issue a consent special order to Amelia Enterprises Inc. for alleged violation of the State Water Control Law at 7730 Military Road, Amelia, Virginia 23002 and 9024 Woodman Road, Richmond, Virginia 23228. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact listed will accept comments by email or postal mail from February 1, 2021, to March 4, 2021.
Contact Information: Aree Reinhardt, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, or email aree.reinhardt@deq.virginia.gov .
Proposed Enforcement Action for BVU Authority
An enforcement action has been proposed for the BVU Authority for violations of the State Water Control Law in the City of Bristol, Virginia and Washington County, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact person listed will accept comments by email or postal mail from February 1, 2021, through March 3, 2021.
Contact Information: Jonathan Chapman, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, or email jonathan.chapman@deq.virginia.gov.
Proposed Enforcement Action for DAS Brothers Inc.
The State Water Control Board proposes to issue a consent special order to DAS Brothers Inc. for alleged violation of the State Water Control Law at 523 South Washington Highway, Ashland, Virginia 23005. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact person listed will accept comments by email or postal mail from February 1, 2021, to March 4, 2021.
Contact Information: Aree Reinhardt, Department of Environmental Quality, Piedmont Regional Office (Enforcement), 4949-A Cox Road , Glen Allen, VA 23060, or email aree.reinhardt@deq.virginia.gov.
Proposed Enforcement Action for the Town of Honaker
An enforcement action has been proposed for the Town of Honaker for violations of the State Water Control Law at the Honaker sewage treatment plant in Russell County. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact person listed will accept comments by email or postal mail from February 1, 2021, through March 3, 2021.
Contact Information: Jonathan Chapman, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, or email jonathan.chapman@deq.virginia.gov.
Proposed Enforcement Action for Norfolk Southern Railway Company
An enforcement action has been proposed for Norfolk Southern Railway Company for violations of the State Water Control Law at Railway Mile Post D16.4, near Hurley in Buchanan County, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact person listed will accept comments by email or postal mail from February 1, 2021, through March 3, 2021.
Contact Information: Jonathan Chapman, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abindgon, VA 24210, or email jonathan.chapman@deq.virginia.gov.
Proposed Enforcement Action for PAPCO Inc.
An enforcement action has been proposed for PAPCO Inc. for violations of the State Water Control Law in 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 February 1, 2021, to March 2, 2021.
Proposed Enforcement Action for Richmond Petroleum Marketing Inc.
The State Water Control Board proposes to issue a consent special order to Richmond Petroleum Marketing Inc. for alleged violation of the State Water Control Law at 2301 Mechanicsville Turnpike, Richmond, Virginia 23223. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact person listed will accept comments from February 1, 2021, through March 4, 2021.
Contact Information: Aree Reinhardt, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 527-5079, FAX (804) 698.4178, or email aree.reinhardt@deq.virginia.gov.
Proposed Enforcement Action for Sydnor Utilities Inc.
An enforcement action has been proposed for Sydnor Utilities Inc. for violations of the State Water Control Law and regulations at the Cedar Crest Subdivision in King William County. A description of the proposed action is available at the office listed or from the contact person listed. Comments will be accepted by the contact person from February 1, 2021, through March 3, 2021.
Contact Information: Lee Crowell, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, or email lee.crowell@deq.virginia.gov.
Proposed Enforcement Action for Taff and Frye Company Inc.
An enforcement action has been proposed for Taff and Frye Company Inc. for violations of the State Water Control Law in Bristol, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact person listed will accept comments by email or postal mail from February 1, 2021, through March 3, 2021.
Contact Information: Jonathan Chapman, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, or email jonathan.chapman@deq.virginia.gov.
Proposed Enforcement Action for Varsha 10504 LLC
The State Water Control Board proposes to issue a consent special order to Varsha 10504 LLC for alleged violation of the State Water Control Law at 10504 Patterson Avenue, Richmond, Virginia 23838. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff person listed will accept comments by email or postal mail from February 1, 2021, to March 4, 2021.
Contact Information: Aree Reinhardt, Department of Environmental Quality, Piedmont Regional Office (Enforcement), 4949-A Cox Road, Glen Allen, VA 23060, or email aree.reinhardt@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.