STATE AIR POLLUTION CONTROL BOARD
State Implementation Plan - Proposed Revision - Reasonably Available Control Technology - 2015 Ozone National Ambient Air Quality Standard
Notice of action: The Department of Environmental Quality (DEQ) is seeking comment on a proposed plan to implement reasonably available control technology (RACT) in support of the 2015 ozone national ambient air quality standard (NAAQS) in the Northern Virginia Emissions Control Area. 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 Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Clean Air Act.
Purpose of notice: DEQ is seeking comment on the issue of whether the plan correctly certifies that there are no sources subject to the Control Techniques Guidelines (CTG) for the 2016 Oil and Natural Gas Industry in the Northern Virginia Emissions Control Area (Counties of Arlington, Fairfax, Loudoun, and Prince William, and Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park).
Public comment period: July 5, 2021, to August 5, 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.
Description of proposal: The proposal consists of a declaration that there are no sources subject to the 2016 CTG for the Oil and Natural Gas Industry in the Northern Virginia Emissions Control Area in support of the 2015 ozone NAAQS. A similar declaration for the 2008 ozone NAAQS was previously approved by EPA on February 10, 2021 (86 FR 8868). Section 10(a) of the Clean Air Act requires that following adoption of the revised 2015 ozone NAAQS, affected states reevaluate whether any of the CTGs apply to sources within ozone nonattainment areas or sources within the ozone transport region (OTR). The Northern Virginia Emissions Control Area is the only portion of Virginia with a 2015 marginal ozone nonattainment area and within the OTR. DEQ has reviewed all readily available data and determined that there are still no sources within the Northern Virginia Emissions Control Area that are subject to the 2016 Oil and Natural Gas CTG.
Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). The proposed document 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 the proposal: The proposal is available on the DEQ Air Public Notices website at https://www.deq.virginia.gov/permits-regulations/public-notices/air. The proposal may also be obtained by contacting the DEQ representative listed at the end of this notice. The public may make an appointment to review the proposal between 8:30 a.m. and 4:30 p.m. of each business day until the close of the comment period at Department of Environmental Quality - Main Street Office, Suite 1400, 1111 East Main Street, Richmond, VA, telephone (804) 698-4070 or Department of Environmental Quality - 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 CORPORATION COMMISSION
Bureau of Insurance
May 5, 2021
Administrative Letter 2021-03
To: All Insurers and Rate Service Organizations Licensed to Write Motor Vehicle Insurance in Virginia
RE: SB 1182 and Filings for Revised Minimum Financial Responsibility Limits
Effective January 1, 2022, the minimum financial responsibility (FR) limits for all motor vehicle policies will increase to $30,000 for bodily injury to or death of one person in any one accident and $60,000 for bodily injury to or death of two or more persons. The limit for injury to or destruction of property of others in any one accident will remain at $20,000. See Senate Bill 1182 (2021 Special Session 1).
The new FR minimum limits will apply to new and renewal motor vehicle policies effective on or after January 1, 2022.
Prior to that date, Insurers must have rates or rating factors filed for the new minimum bodily injury liability limits. Insurers should remove any references to the prior minimum FR limits of $25,000/$50,000 from their rating manuals.
Rates or rating factors for the corresponding minimum limits for uninsured motorist coverage must be filed as well.
In addition, pursuant to § 46.2-316 of the Code of Virginia, insurers must provide double the minimum FR limits when an insured has been convicted of certain alcohol-related offenses. Thus, insurers must file rates or rating factors to accommodate limits of $60,000/$120,000/$40,000 for bodily injury and property damage liability and uninsured motorist coverages when providing FR-44 certificates.
Effective January 1, 2025, the minimum FR limits will increase to $50,000/$100,000/$25,000. Insurers must have rates or rating factors filed for those limits prior to the effective date of the increase.
Each insurer may decide whether to require new uninsured motorist selection/rejection forms for existing policies based on the new minimum limits.
Please contact the Property and Casualty Division of the Bureau of Insurance at (804) 371-9965 with your questions about Administrative Letter 2021-03
/s/ Scott A. White, Commissioner of Insurance
Contact Information: Katie Johnson, Policy Advisor, Bureau of Insurance, State Corporation Commission, P.O. Box 1157, Richmond, VA 23218, telephone (804) 371-9688, or email katie.johnson@scc.virginia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Draft Virginia State Water Resources Plan - Notice of Availability and Opportunity for Public Comment
The Virginia Department of Environmental Quality (DEQ) will release the draft 2020 Virginia State Water Resources Plan (State Plan) on June 28, 2021, for public comment. The 45-day public comment period will end August 13, 2021.
The State Plan, as required by § 62.1-44.38 of the Code of Virginia, is published at five-year intervals and compiles information provided to DEQ by localities on water sources, demand projections, water use data, and information collected through annual withdrawal reporting and withdrawal permit reporting into a central document. DEQ analyzes this information by completing cumulative impact analysis (CIA) modeling of surface water and groundwater resources. The first State Plan was published in 2015. The draft 2020 State Plan includes advances in CIA modeling, updated current and future water use and discharge data, and the addition of several new modeling scenarios that evaluate the impacts of climate change. The draft 2020 State Plan also includes 20 distinct regional analyses conducted at river basin scale which will allow evaluation of results beyond the statewide trends. The draft 2020 State Plan will be available beginning June 28, 2021, through August 13, 2021, on the DEQ website at https://www.deq.virginia.gov/water/water-quantity/water-supply-planning/virginia-water-resources-plan.
A free public informational webinar summarizing the draft 2020 State Plan is scheduled for July 8, 2021, at 2 p.m. During the webinar, DEQ will provide an overview of the draft 2020 State Plan's purpose and key results. Questions submitted during the webinar will be answered via a FAQ document to be posted subsequently on the DEQ website. Register for the webinar at https://attendee.gotowebinar.com/register/1705437508121133328.
Note that questions asked during the webinar will not be considered public comment. Written comments on the draft 2020 State Plan can be sent to the contact person listed at the end of this notice. Commenters must include name, (US mail) address, telephone number, and email address. Responses to public comment received will be included as an appendix to the final draft of the 2020 State Plan.
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.
BOARD OF MEDICAL ASSISTANCE SERVICES
Notice of Intent to Amend the Virginia State Plan for Medical Assistance Pursuant to § 1902(a)(13) of the Social Security Act (USC § 1396a(a)(13) - Office-Based Opioid Treatment Changed to Office-Based Addiction Treatment
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, 42 USC § 1396a(a)(13). A copy of this notice is available for public review using the contact information at the end of this notice.
DMAS is specifically soliciting input from stakeholders, providers, and beneficiaries on the potential impact of the proposed changes discussed in this notice. Comments or inquiries may be submitted in writing within 30 days of this notice publication to Emily McClellan, and such comments are available for review at the same address. Comments may also be submitted in writing on the Virginia Regulatory Town Hall at https://townhall.virginia.gov/L/generalnotice.cfm.
In accordance with Item 313.PPPPP of the 2021 Appropriations Act, DMAS will be making the following changes:
Methods & Standards for Establishing Payment Rates-Other Types of Care (12VAC30-80)
The state plan is being revised to expand the substance use disorder service called "Preferred Office-Based Opioid Treatment," which has been available only to individuals with a primary diagnosis of opioid use disorder, to individuals with a substance-related or addictive disorder.
The expected increase in annual aggregate expenditures is $881,307 in state general funds, $1,255,580 in federal funds, and $40,675 in special funds in federal fiscal year 2022.
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.
Draft Plan First Provider Manual
The draft Plan First Provider Manual Chapter IV is now available on the Department of Medical Assistance Services website at https://www.dmas.virginia.gov/for-providers/general-information/medicaid-provider-manual-drafts/ for public comment until July 25, 2021.
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.
STATE WATER CONTROL BOARD
Proposed Enforcement Action for Abbott Truck Sales Inc.
An enforcement action has been proposed for Abbott Truck Sales Inc. for violations in King William County. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Abbott Truck Sales site. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov/permits-regulations/public-notices. The staff contact will accept comments by hand-delivery, email, fax, or postal mail from July 19, 2021, to August 19, 2021.
Contact Information: Matt Richardson, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, FAX (804) 698-4178, or email matthew.richardson@deq.virginia.gov.
Proposed Enforcement Action for Bluestone Farm Solar LLC
An enforcement action has been proposed for Bluestone Farm Solar LLC for violations in Mecklenburg County. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Bluestone Farm Solar site. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov/permits-regulations/public-notices. The staff contact will accept comments by hand-delivery, email, fax, or postal mail from July 19, 2021, to August 19, 2021.
Contact Information: Matt Richardson, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, FAX (804) 698-4178 , or email matthew.richardson@deq.virginia.gov.
Proposed Enforcement Action for the Carroll County Public Service Authority
An enforcement action has been proposed for the Carroll County Public Service Authority for violations of the State Water Control Law at the I-77 Exit 1 wastewater treatment plant in Carroll 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 will accept comments by email or postal mail from July 20, 2021, through August 19, 2021.
Contact Information: Jonathan Chapman, Enforcement Specialist, 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 Fiberlight LLC
An enforcement action has been proposed for Fiberlight LLC for violations of the State Water Control Law along the Atlantic Coast Long Haul Fiber Optic Cable Installation Project route in Albemarle County and Nelson County. A description of the proposed action is available at the office listed or online at www.deq.virginia.gov/permits-regulations/public-notices. Comments will be accepted by the contact person from July 19, 2021, through August 18, 2021.
Contact Information: Kristen Sadtler, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, or email kristen.sadtler@deq.virginia.gov.
Proposed Enforcement Action for Harbour East Sewage Disposal Corporation
An enforcement action has been proposed for Harbour East Sewage Disposal Corporation for violations in Chesterfield County, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Harbour East Village waste water treatment plant. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov/permits-regulations/public-notices. The staff contact will accept comments by hand-delivery, email, fax at (804) 698-4178, or postal mail at Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from July 19, 2021, to August 19, 2021.
Contact Information: Matthew Richardson, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, FAX (804) 698-4178, or email matthew.richardson@deq.virginia.gov.
Proposed Enforcement Action for the Middle Peninsula Regional Airport Authority
An enforcement action has been proposed for the Middle Peninsula Regional Airport Authority for violations in King and Queen County. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Middle Peninsula Regional Airport - Transient Apron Expansion site. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov/permits-regulations/public-notices. The staff contact will accept comments by hand-delivery, email, fax, or postal mail from July 19, 2021, to August 19, 2021.
Contact Information: Matthew Richardson, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, FAX (804) 698-4178, or email matthew.richardson@deq.virginia.gov.
Proposed Enforcement Action for Mizpah Healthcare Group LLC
An enforcement action has been proposed for Mizpah Healthcare Group LLC for violations in Middlesex County. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Dockside Health and Rehab Center waste water treatment plant. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov/permits-regulations/public-notices. The staff contact will accept comments by hand-delivery, email, fax, or postal mail from July 19, 2021, to August 19, 2021.
Contact Information: Matt Richardson, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, FAX (804) 698-4178, or email matthew.richardson@deq.virginia.gov.
Proposed Enforcement Action for the Town of Rural Retreat
An enforcement action has been proposed for the Town of Rural Retreat for violations of the State Water Control Law at the Rural Retreat wastewater treatment plant in Wythe 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 will accept comments by email or postal mail from June 22, 2021, until August 19, 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 VIR Associates LLC
An enforcement action has been proposed for VIR Associates LLC for violations in Sussex County. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Fairfield Inn at Stony Creek site. 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 will accept comments by hand-delivery, email, fax, or postal mail from July 19, 2021, to August 19, 2021.
Contact Information: Matthew Richardson, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, FAX (804) 698-4178, or email matthew.richardson@deq.virginia.gov.
Proposed Enforcement Action for Virginia Electric and Power Company
The State Water Control Board proposes to issue a consent special order to Virginia Electric and Power Company for alleged violation of the State Water Control Law at the Hollyfield Solar Project located in King William County. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov/permits-regulations/public-notices. The staff contact will accept comments by email or postal mail.
Contact Information: Jeff Reynolds, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, or email jefferson.reynolds@deq.virginia.gov.
Notice of Intent to Approve Revised Advance Credit Fee Schedules in Several River Basins for Use by the Virginia Aquatic Resources Trust Fund
Pursuant to 9VAC25-210-116, the State Water Control Board is giving notice of its intent to approve revised advance credit fee schedules in several river basins for use by the Virginia Aquatic Resources Trust Fund (VARTF). VARTF is an approved in-lieu fee mitigation program (ILF Program), sponsored and operated by The Nature Conservancy (Sponsor). This public notice is specific to the Sponsor's 2021 request to increase their fee schedule in several basins, based on rising costs of existing VARTF projects and recent bids on mitigation related activities and credit purchases.
The board intends to approve the 2021 revised fee schedules. State regulation specifies that an ILF Program must have "A mechanism to establish fee amounts that will ensure each contribution will be adequate to compensate for the wetland acreage and functions or stream functions and water quality benefits lost in the impacted watershed." In the provided "VARTF 2021 Revised Fee Schedules" document, VARTF describes the circumstances leading to the requested 2021 revised fee schedules in each river basin.
A copy of this public notice and the VARTF 2021 revised fee schedules will be available on July 19, 2021, on the Department of Environmental Quality website Wetlands and Streams Public Notice page, under the Program and Regulatory section, at https://www.deq.virginia.gov/permits-regulations/public-notices/water/wetlands-streams.
Statutory Authority: §§ 62.1-44.15:20 through 62.1-44.15:23 of the Code of Virginia; 9VAC25-210-116 D.
Public Comment Deadline: 11:59 p.m. on August 19, 2021.
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.
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.