NOTICES OF INTENDED REGULATORY ACTION
Vol. 38 Iss. 2 - September 13, 2021

TITLE 9. ENVIRONMENT
Erosion and Sediment Control Regulations (formerly 4VAC50-30)
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Water Control Board intends to consider amending 9VAC25-840, Erosion and Sediment Control Regulations. The purpose of the proposed action is to establish a fee schedule for conducting Erosion and Sediment Control Plan reviews for solar projects. Chapter 497 of the 2021 Acts of Assembly, Special Session I, requires the Department of Environmental Quality (DEQ) to review the Erosion and Sediment Control (ESC) Plans for certain solar projects and their associated infrastructure with a rated electrical generation capacity exceeding five megawatts. Item 377 N of Chapter 552 of the 2021 Acts of Assembly, Special Session I, requires DEQ to convene a working group for the purpose of developing the fee schedule for conducting the ESC Plan reviews for solar projects.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 62.1-44.15:52 of the Code of Virginia.

Public Comment Deadline: October 13, 2021.

Agency Contact: Andrew Hammond, Department of Environmental Quality, 1111 East Main Street, Suite 1400 P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4101, FAX (804) 698-4178, or email andrew.hammond@deq.virginia.gov.

VA.R. Doc. No. R22-6841; Filed August 16, 2021
TITLE 9. ENVIRONMENT
Virginia Stormwater Management Program (VSMP) Regulation (formerly 4VAC50-60)
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Water Control Board intends to consider amending 9VAC25-870, Virginia Stormwater Management Program (VSMP) Regulation. The purpose of the proposed action is to amend the regulation to allow for changes in the statewide permit fee schedule supporting the Virginia Stormwater Management Program in accordance with Item 337 L 2 of Chapter 552 of the 2021 Acts of Assembly, Special Session I, which directs the board to amend or modify the existing statewide permit fee schedule so that the fees for the Virginia Pollutant Discharge Elimination System Permit for Discharges of Stormwater from Construction Activities and municipal separate storm sewer system (MS4) permits are set at an amount representing no less than 60%, not to exceed 62%, of the direct costs for the administration, compliance, and enforcement of those permits.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 62.1-44.15:24 and 62.1-44.15:28 of the Code of Virginia.

Public Comment Deadline: October 13, 2021.

Agency Contact: Andrew Hammond, Department of Environmental Quality, 1111 East Main Street, Suite 1400 P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4101, FAX (804) 698-4178, or email andrew.hammond@deq.virginia.gov.

VA.R. Doc. No. R22-6840; Filed August 16, 2021
TITLE 9. ENVIRONMENT
Certification of Nonpoint Source Nutrient Credits (formerly 4VAC50-80)
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Water Control Board intends to consider amending 9VAC25-900, Certification of Nonpoint Source Nutrient Credits. The purpose of the proposed action is to amend the regulation to allow for changes in the application fee schedule supporting the Nutrient Credit Certification Program in accordance with Item 377 L 3 of Chapter 552 of the 2021 Acts of Assembly, Special Session I, which directs the board to amend or modify the existing application fee schedule so that the fees are set at an amount representing no less than 60% but not more than 62% of the direct costs for the administration, compliance, and enforcement of the Nutrient Credit Certification Program.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 62.1-44.19:20 of the Code of Virginia.

Public Comment Deadline: October 13, 2021.

Agency Contact: Andrew Hammond, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4101, FAX (804) 698-4178, or email andrew.hammond@deq.virginia.gov.

VA.R. Doc. No. R22-6839; Filed August 16, 2021