DEPARTMENT OF ENVIRONMENTAL QUALITY
Proposed Enforcement Action for A&K Hotel LLC (Reste Motel)
The Virginia Department of Environmental Quality (DEQ) proposes to issue a consent special order to A&K Hotel LLC for alleged violation of the State Water Control Law at Reste Motel, 3190 Sussex Drive, Emporia, Virginia. A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov. The agency contact will accept comments by email or postal mail from September 25, 2023, to October 25, 2023.
Contact Information: Jeff Reynolds, Regional Enforcement Manager, Department of Environmental Quality, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 720-4754, or email jefferson.reynolds@deq.virginia.gov.
Proposed Enforcement Action for A&K Hotel LLC (Knights Inn)
The Virginia Department of Environmental Quality (DEQ) proposes to issue a consent special order to A&K Hotel LLC for alleged violation of the State Water Control Law at Knights Inn, 3173 Sussex Drive, Emporia, Virginia. A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov. The agency contact will accept comments by email or postal mail from September 25, 2023, to October 25, 2023.
Contact Information: Jeff Reynolds, Regional Enforcement Manager, Department of Environmental Quality, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 720-4754, or email jefferson.reynolds@deq.virginia.gov.
Proposed Enforcement Action for BFI Waste Systems of Virginia LLC
The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for BFI Waste Systems of Virginia LLC for violations of State Water Control Law, regulations, and Virginia Pollutant Discharge Elimination System (VPDES) Permit Registration No. VAR052236 in Henrico County at the BFI Old Dominion Landfill. The proposed order is available from the DEQ contact listed or at https://www.deq.virginia.gov/permits/public-notices/enforcement-orders. The DEQ contact will accept written comments from September 25, 2023, to October 25, 2023.
Contact Information: Kristen Sadtler, Water Enforcement Coordinator and Adjudication Officer, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, telephone (804) 664-3864, or email kristen.sadtler@deq.virginia.gov.
Public Comment Opportunity on a Permit to Limit Air Pollution Emitted by a Facility in Alleghany County, Virginia
Purpose of notice: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a permit to limit air pollution emitted by a facility in Alleghany County, Virginia. The Commonwealth intends to submit the permit as a revision to its 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.
Public comment period: September 25, 2023, to October 25, 2023.
Public hearing: On July 31, 2023, a notice of public comment period for this action was published. The notice included an opportunity for the public to request that a hearing be held; two requests were received. Accordingly, this notice is to announce that a public hearing will be conducted at the DEQ Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, at 3 p.m. on October 25, 2023.
Permit name: State operating permit issued by DEQ.
Name, address, and registration number: WestRock Virginia LLC - Covington, 104 East Riverside Street, Covington, VA 24426, Registration No. 20328.
Description of proposal: The proposed revision consists of a permit to control emissions of sulfur dioxide (SO2) to the atmosphere from the facility listed in this notice.
The proposed revision will consist of a determination of regional haze reasonable progress for the control of emissions of SO2 to the atmosphere from the WestRock Virginia LLC - Covington facility. The regional haze reasonable progress determination is being made pursuant to 40 CFR 51.308(f) and to Article 5 (9VAC5-80-800 et seq.) of 9VAC5-80, Permits for Stationary Sources. Reasonable progress for SO2 emissions from the WestRock Virginia - LLC Covington facility has been determined to be a decrease in emission limit to 1,359 tons per year of SO2 emissions from the WestRock Virginia LLC - Covington facility as a whole. No emissions increases are anticipated as a result of this project.
A state operating permit is to be issued as the administrative mechanism to ensure compliance with regional haze reasonable progress requirements. The permit is being issued pursuant to Article 5 (9VAC5-80-800 et seq.) of 9VAC5-80 (Permits for Stationary Sources) and is federally enforceable upon issuance. The permit will establish emission limits for control of SO2.
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. DEQ plans to submit all provisions of the proposal as a revision to the Commonwealth of Virginia SIP.
How to comment: DEQ accepts written comments by email 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 by the last day of the comment period. Both oral and written comments are accepted at the public hearing. DEQ prefers that comments be provided in writing, along with any supporting documents or exhibits. 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 web site at https://www.deq.virginia.gov/permits/public-notices/air. The documents may also be obtained by contacting the DEQ representative listed in this notice. The public may 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) Blue Ridge Regional Office, 901 Russell Drive, Salem, VA, telephone (540) 562-6700.
Contact the agency staff for public comments, document requests, and additional information.
Contact Information: Erin Rau, Department of Environmental Quality, Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, telephone (540) 759-9501, or email email erin.rau@deq.virginia.gov.
MARINE RESOURCES COMMISSION
VMRC #2023-1756 Edward Walton Public Notice for Tidal Wetlands Hearing
Notice is hereby given that Edward Walton (VMRC #23-1756) is requesting a permit from the Virginia Marine Resources Commission to replace an existing pier with a six-foot wide open pile private pier extending 120 feet channelward of mean low water with a 16-foot by 35-foot deck, a five-foot wide by 47-foot long finger pier, a 15-foot by 36-foot open side covered boat slip, a 16-foot by 18-foot open sided gazebo, two mooring piles, and to construct a 41-foot low profile groin with a 22-foot T-head situated along the Mattaponi River at 904 Brookshire Road in King and Queen County.
The public may provide comments on this application (VMRC #2023-1756) at https://webapps.mrc.virginia.gov/public/habitat/comments/. The commission will accept comments by the USPS provided comments are received within 15 days of this notice to: Marine Resources Commission, Habitat Management Division, 380 Fenwick Road, Building 96, Hampton, VA 23651.
Contact Information: Beth Howell, Office Manager, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2214, or email jpa.permits@mrc.virginia.gov.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Public Review and Comment Opportunity for Virginia Medical Assistance Eligibility Manual Draft Transmittal
Draft transmittal #DMAS-29 is available at the Department of Medical Assistance website at https://dmas.virginia.gov/for-applicants/eligibility-guidance/transmittals/ until October 1, 2023
Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, or email emily.mcclellan@dmas.virginia.gov.
BOARD OF PHARMACY
Public Hearing for Scheduling of Chemical Pursuant to § 54.1-3443 of the Code of Virginia
Pursuant to § 54.1-3443 D of the Code of Virginia, the Board of Pharmacy is giving notice of a public hearing to consider placement of a chemical substance in Schedule I of the Drug Control Act. The public hearing will be conducted at 9:06 a.m. on September 26, 2023. Instructions will be included in the agenda for the board meeting, also on September 26. Public comment may also be submitted electronically or in writing prior to September 26, 2023, to Caroline Juran, Executive Director, Board of Pharmacy, at caroline.juran@dhp.virginia.gov.
Pursuant to article § 54.1-3443 D of the Code of Virginia, the Board of Pharmacy, in consultation with the Virginia Department of Forensic Science, has identified the following compound for inclusion into Schedule I:
Tianeptine
Contact Information: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4456, FAX (804) 527-4472, email caroline.juran@dhp.virginia.gov.
STATE WATER CONTROL BOARD
Public Comment Opportunity for Amendment of Water Quality Management Planning Regulation
Notice of action: The State Water Control Board (Board) is considering the amendment of the regulation on water quality management planning in accordance with the Public Participation Procedures for Water Quality Management Planning. A regulation is a general rule affecting people's rights or conduct that is adopted by a state agency.
Purpose of notice: The board is seeking comments through the Department of Environmental Quality (DEQ) on the proposed amendment. The purpose of the amendment to the state's Water Quality Management Planning Regulation (9VAC25-720) is to adopt six total maximum daily load (TMDL) wasteload allocations.
Public comment period: September 25, 2023, to October 25, 2023.
Description of proposed action: DEQ staff will propose amendments of the state's Water Quality Management Planning regulation for the James River Basin (9VAC25-720-60 A) and the Roanoke River Basin (9VAC25-720-80 A). Statutory authority for promulgating these amendments can be found in subdivision 10 of § 62.1-44.15 of the Code of Virginia.
Staff intends to recommend that the board adopt six TMDL wasteload allocations as part of the state's Water Quality Management Planning Regulation in accordance with § 2.2-4006 A 4 c and B of the Code of Virginia.
The six TMDL wasteload allocations were developed in accordance with federal regulations (40 CFR § 130.7) and are exempt from the provisions of Article II (§ 2.2-4006 et seq.) of the Virginia Administrative Process Act. The wasteload allocations were subject to the TMDL public participation process contained in DEQ's Public Participation Procedures for Water Quality Management Planning. The public comment process provides the affected stakeholders an opportunity for public appeal of the TMDLs.
As of July 1, 2014, TMDL wasteload allocations can receive State Water Control Board approval prior to Environmental Protection Agency (EPA) approval due to amendments outlined in § 2.2-4006 A 14 of the Code of Virginia. The two TMDL reports in this public notice has been preliminarily reviewed by EPA for required TMDL elements, however, remain in draft form awaiting State Water Control Board approval.
Affected waterbodies and localities for the six new TMDL wasteload allocations:
James River Basin (9VAC25-720-60 A) Benthic TMDL development for the Moores Creek and Mill Creek Watersheds located in Rockbridge County, Virginia:
Benthic TMDL development for the Moores Creek and Mill Creek Watersheds proposes sediment reductions for Moores Creek and Mill Creek and provides sediment wasteload allocation of 60,080 pounds per year and 44,360 pounds per year.
Roanoke River Basin (9VAC25-720-80 A) Benthic TMDL development for the Beaverdam Creek, Fryingpan Creek, Pigg River, and Poplar Branch Watersheds located in Bedford, Franklin, and Pittsylvania Counties:
The Benthic TMDL development for the Beaverdam Creek, Fryingpan Creek, Pigg River, and Poplar Branch Watersheds proposes sediment reductions for Beaverdam Creek, Fryingpan Creek, Pigg River, and Poplar Branch and provides wasteload allocations of 51,410 pounds per year, 6,593 pounds per year, 39,200 pounds per year, and 3,357 pounds per year.
How to comment: DEQ accepts written comments by email or postal mail. All comments must be received by DEQ during the comment period. All written comments must include the full name, address, and telephone number of the person commenting.
How a decision is made: After comments have been considered, the board will make the final decision. Citizens who submit statements during the comment period may address the board members during the board meeting at which a final decision is made on the proposal.
To review documents: The TMDL reports and the proposed regulatory amendments are available on the DEQ website at https://www.deq.virginia.gov/our-programs/water/water-quality/tmdl-development/draft-tmdls and by contacting the DEQ representative listed in this notice. The electronic copies are in PDF format and may be read online or downloaded.
Contact agency staff person listed for public comments, document requests, and additional information:
Contact Information: Anthony Cario, Guidance and Regulatory Specialist, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23235, telephone (804) 852-1514, or email anthony.cario@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.