DEPARTMENT OF ENVIRONMENTAL QUALITY

Public Meeting and Opportunity for Public Comment for a Cleanup Plan for the Pigg River, Beaverdam Creek, Fryingpan Creek, and Poplar Branch in Franklin, Pittsylvania, and Bedford Counties

Purpose of notice: The Department of Environmental Quality (DEQ) seeks public comment on the development of a cleanup plan for impaired waters, also known as an implementation plan (IP), for the Pigg River, Beaverdam Creek, Fryingpan Creek, and Poplar Branch in Franklin, Pittsylvania, and Bedford Counties. These streams are listed as impaired since monitoring data indicates that the waters do not meet Virginia's water quality standards for bacteria and aquatic life (benthic). Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia requires DEQ to develop cleanup studies to address pollutants responsible for causing waters to be on Virginia's § 303(d) list of impaired waters. Once a cleanup study is developed, § 62.1-44.19:7 of the Code of Virginia outlines the requirements needed in a cleanup plan to address the pollutants contained in the study.

DEQ is developing a cleanup plan to identify the actions necessary to address the water quality impairment in the Pigg River, Beaverdam Creek, Fryingpan Creek, and Poplar Branch area. DEQ will introduce the community to the process used to develop the plan and invites the public to contribute to the plan by participating in IP community engagement meetings. Persons interested in participating may notify the DEQ contact and provide name, address, telephone number, email address, and the organization being represented (if any). The proposed cleanup plan will explain the pollutant reductions needed to meet the targets contained in both the bacteria (2006) and benthic (2022) TMDL report prepared for the watershed. The plan will also recommend a specific set of voluntary best management practices (BMPs) for agricultural lands, residential septic systems, pet waste, and urban practices to reduce both bacteria and sediment from entering area streams. It will also include associated costs and a timeline of the expected achievement of water quality objectives.

Cleanup plan location: The cleanup plan addresses the following impaired stream segments: Pigg River, Beaverdam Creek, Fryingpan Creek, and Poplar Branch. The impaired section of the Pigg River is listed for a recreational use impairment (E. coli) in three different segments (1.48 mi, 1.01 mi, and 1.94 mi). The impairment for Beaverdam Creek has two segments of recreational use impairments (4.98 mi and 5.35 mi). Fryingpan Creek is impaired from its headwaters downstream to about 0.85 miles downstream of the Route 40 crossing. Approximately 2.56 miles on Fryingpan Creek are impaired for aquatic life use, and a downstream portion is also impaired for E. coli. Poplar Branch is also impaired for the recreational use standard (E. coli) from its headwaters downstream to about 2.56 miles.

Public meeting: Franklin County Public Library, 355 Franklin Street, Franklin County, Rocky Mount, Virginia 24151 on February 29, 2024, at 4:30 p.m. In the event of inclement weather, the meeting will be held on March 7, 2024, at the same time and location.

Public comment period: February 29, 2024, to April 1, 2024.

How to comment: DEQ accepts written comments by email or postal mail. All comments must be received by DEQ during the comment period. Submittals must include the name, organization represented (if any), mailing addresses, and telephone numbers of the commenter or requestor.

Contact the DEQ staff member listed at the end of this notice for public comments, document requests, and additional information

Information about this plan will be posted throughout the development process at https://www.deq.virginia.gov/our-programs/water/water-quality/implementation/implementation-plans-under-development.

Contact Information: Kimberly Romero, Department of Environmental Quality, 901 Russell Drive, Salem, Virginia 24153, telephone (540) 759-9075, or email kimberly.romero@deq.virginia.gov.

Proposed Enforcement Action for Rajavi Enterprises, Inc.

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for Rajavi Enterprises, Inc. for violations of State Water Control Law and regulations at the facility located in Williamsburg, Virginia. The proposed consent order is available from the DEQ contact listed or at https://www.deq.virginia.gov/permits/public-notices. The DEQ contact will accept written comments from February 26, 2024, to March 27, 2024.

Contact Information: Russell Deppe, Enforcement Specialist, Department of Environmental Quality, 5636 Southern Boulevard, Virginia Beach, Virginia 23462, or email russell.deppe@deq.virginia.gov.

Public Availability of the 2024 Annual Water Quality Monitoring Plan

Purpose of Notice: The Virginia Department of Environmental Quality (DEQ) is announcing the availability of the 2024 Water Quality Monitoring Plan (Monitoring Plan). The 2024 Monitoring Plan is available on the agency's website at https://www.deq.virginia.gov/our-programs/water/water-quality/monitoring/water-quality-monitoring-plan. An interactive map of the 2024 monitoring plan stations will be posted in mid-February through DEQ's online GIS map viewer at https://apps.deq.virginia.gov/EDM/.

Background: Every year, DEQ staff from the agency's six regional offices collect water samples for testing from more than 1,500 locations across the Commonwealth. The agency's various monitoring activities for each calendar year are outlined in the annual statewide monitoring plan.

2024 Monitoring Plan: The 2024 Monitoring Plan summarizes DEQ's water quality monitoring activities to be conducted January 1 through December 31, and is developed for the purpose of implementing the goals and objectives of DEQ's Water Quality Monitoring Strategy, available at https://www.deq.virginia.gov/our-programs/water/water-quality/monitoring. This water quality information is presented in compliance with the Virginia Water Quality Monitoring, Information and the Restoration Act (§ 62.1-44.19:5 of the Code of Virginia) to help ensure public awareness of water quality issues and conditions. The 2024 Monitoring Plan contains detailed information on DEQ's monitoring activities, including the station locations, specific conditions, frequency of monitoring, and costs.

Contacts for More Information: Requests for more information on the 2024 Monitoring Plan can be directed to the DEQ staff member listed at the end of this notice. Additional information is also available on DEQ's Water Quality Monitoring website at https://www.deq.virginia.gov/our-programs/water/water-quality/monitoring.

Citizen Nominations for the 2024 Monitoring Plan: Citizens can nominate portions of lakes, streams, and rivers of Virginia for water quality monitoring by DEQ. Nominations received on or before April 30, 2024, will be considered for inclusion in DEQ's 2025 Monitoring Plan. More information on the citizen nomination process is available on DEQ's Citizen Monitoring website at https://www.deq.virginia.gov/our-programs/water/water-quality/monitoring/citizen-monitoring. Contact Meighan Wisswell at telephone (571) 866-6494 or email citizenwater@deq.virginia.gov for more information about the 2025 Monitoring Plan.

Contact Information: Roger Stewart, Department of Environmental Quality, 1111 East Main Street, Richmond, Virginia 23219, telephone (804) 659-1384, or email roger.stewart@deq.virginia.gov.

DEPARTMENT OF GENERAL SERVICES

Request for Comments on Revision to Fees for Drinking Water Laboratory Certification

Purpose of notice and background information: The Division of Consolidated Laboratory Services (DCLS) is seeking comment on the revision to fees charged for certifying drinking water laboratories under 1VAC30-41-270.

1VAC30-41-270 I 2 requires DCLS to increase or decrease annually the fees charged for certifying drinking water laboratories using the Consumer Price Index-Urban percentage change, average-average for the previous calendar year published by the U.S. Bureau of Labor Statistics in January. The percentage change, average-average for 2023 is an additional 4.1%. See the table labeled "Historical Consumer Price Index for All Urban Consumers (CPI-U): U.S. city average, all items, by month" at https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-202312.pdf. The revised fees are exempt from the requirements of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). The Budget of the Commonwealth of Virginia at Item 80 C 3.a of Chapter 1 of the 2023 Acts of Assembly, Special Session I requires DCLS to provide notice and an opportunity to submit written comments on the revised fees.

The notice of fees for May 1, 2024, through April 30, 2025, will be published on the DCLS drinking water laboratory certification webpage after consideration of submitted comments.

Public comment period: February 26, 2024, through March 27, 2024.

How to comment: DCLS 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 DCLS by the last day of the comment period. All materials received are part of the public record. Email comments should be sent to rhonda.bishton@dgs.virginia.gov. The number for faxed comments is (804) 371-8305. Written comments should be sent to Rhonda Bishton, Regulatory Coordinator, Department of General Services, Attn: DCLS DW Fee Comments, 1100 Bank Street, Richmond, VA, 23219.

NOTICE OF FEES FOR MAY 1, 2024, THROUGH APRIL 30, 2025

DCLS requests comments on the following revised fees:

How fees are calculated: DCLS calculates a laboratory's total fee by adding the fees for the number of test methods in each category in the fee table for which the laboratory is certified or applies to be certified. Contact lab_cert@dgs.virginia.gov for more information about the fee category for a specific method.

Additional fees apply when a laboratory:

Applies for modification of certification under 1VAC30-41-110.

Is moving its location when the move requires DCLS to perform an onsite assessment.

Requests reinstatement of certification when DCLS requires an onsite assessment.

Hourly review fee and calculation of total fee: The fee to be charged is the sum of the total hourly charges for all reviewers plus any onsite assessment costs incurred. The hourly charge per reviewer is $80. The charge per reviewer is determined by multiplying the number of hours expended in the review by $80.

Onsite review and travel expenses: If an onsite review is required, travel time and onsite review time will be charged at the same hourly rate of $80 and any travel expenses will be added.

When to pay: Payment is due when the initial application is processed or annually thereafter upon receipt of the invoice from DCLS. Annual billing precedes the expiration of the current certificate.

How to pay: Fees may be paid by check or credit card via an electronic payment portal provided by DCLS, or other payment arrangements may be made by contacting lab_cert@dgs.virginia.gov. All payments are made after an invoice is issued by DCLS, in accordance with instructions on the invoice or in accordance with special arrangements made by contacting DCLS.

Contact Information: Rhonda Bishton, Director's Executive Administrative Assistant, Department of General Services, 1100 Bank Street, Suite 420, Richmond, VA 23219, telephone (804) 786-3311, FAX (804) 371-8305, or email rhonda.bishton@dgs.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Public Comment Period - Renewal of Community Living Waiver

The Department of Medical Assistance Services (DMAS) and the Department of Behavioral Health and Developmental Services (DBHDS) welcome public comment regarding the renewal submission to the U.S. Centers for Medicare and Medicaid Services (CMS) for the § 1915(c) Home and Community Based Services (HCBS) Community Living (CL) Medicaid Waiver.

This notice serves to inform interested parties that a 30-day public comment period opens February 1, 2024, and closes March 1, 2024. The § 1915(c) HCBS Waiver renewal application is available at https://dmas.virginia.gov/media/6508/community-living-waiver-renewal-application-effective-july-1-2024.pdf

The Commonwealth must submit a renewal every five years for the continuation of home and community-based services. The significant changes being requested in this renewal application are the following:

1. Allowing telehealth as an appropriate method of delivery for certain activities for the following services: community coaching, group day services, group supported employment, in-home support services, individual supported employment, and workplace assistance.

2. Updating language to the state's performance measures for compliance and reporting purposes to CMS.

3. Updating language to service specifications to match current regulations and practices.

To submit a comment:

Submit electronically via the Virginia Regulatory Town Hall public comment forum at https://townhall.virginia.gov/L/Forums.cfm.

Or submit via U.S. postal mail to:

Department of Medical Assistance Services

ATTN: Andrew Greer/Senior Policy Analyst – Office of Community Living

Suite 1300

600 East Broad Street

Richmond, VA 23219

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, or email emily.mcclellan@dmas.virginia.gov.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North Ninth Street, Fourth 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.