TITLE 9. ENVIRONMENT
DEPARTMENT OF ENVIRONMENTAL QUALITY
Agency Decision
Title of Regulation: 9VAC15-60. Small Renewable Energy Projects (Solar) Permit by Rule.
Statutory Authority: § 10.1-1197.6 of the Code of Virginia.
Name of Petitioner: Joni Lam.
Nature of Petitioner's Request: The following facts and deficiencies are submitted in response to Energix Renewable Energies 30-day comment period notice for the period November 9, 2022, through December 9, 2022, for a 15.68-megawatt Endless Caverns North Project utility scale solar site in Endless Caverns (and related Endless Caverns South). This comment period forms part and parcel of Energix's Permit by Rule (PBR) application to the Department of Environmental Quality (DEQ) dated October 2022. Because of Energix Renewable Energies' systematic abuse of the PBR process, this document is also a petition for DEQ to amend its existing regulation of solar project notices of intent (NOI). A copy of this PBR deficiency filing and included § 2.2-4007 of the Administrative Process Act petitions for new or amended regulations; opportunity for public comment has been filed with the DEQ, Governor of Virginia, the State Attorney General, and the petitioner's state and local representatives, as well as other interested parties.
Energix subverted community stakeholder interests and did not properly notify DEQ by its filing of a NOI until five months after its simultaneous December 8, 2021, preliminary site plan filing and the special use permit (SUP) vote. DEQ should mandate that all notices of intent for solar utilities under PBR be filed at least three months before the mandatory public meeting or six months before any county board of supervisor vote is taken on a special use permit. "As early in the project development process as practicable" should be further defined as "and at least three months before the mandatory public meeting or six months before any county board of supervisor vote." Any refiling of notices of intent after a special use permit is issued should trigger a restart of the public meeting and SUP vote, or DEQ will not consider the SUP submitted with PBRs as valid.
Energix has faced denial of permits or has been forced to withdraw its applications in New Kent County (New Kent Solar LLC, November 2022), Pulaski County (Energix Helios Solar LLC, October 2022), Caroline County (Energix Racehorse Solar, September 2022), Dinwiddie County (Energix Lily Pond Solar, October 2021), and Franklin County. It appears that Energix is trying to mislead communities about its record by filing materially misleading NOIs or filing them too late in the process to have any impact on permitting. DEQ should mandate that all notices of intent list the name of the owner-operator and the address of the official headquarters of the owner-operator, as opposed to misleading shared office space addresses.
As in Endless Caverns, Energix appears to be inundating counties and DEQ with proposed solar sites and with misleading NOIs in order to avoid HB206 environmental protections, which are to commence in 2024. DEQ should flag for extra scrutiny Energix PBR applications that have misleading NOIs or that have "out of sequence" document chronologies in order to protect communities from environmental harm.
Rockingham County stakeholders value the contribution of their farmers and property owners too much to allow Energix to hurt farmers who support repairs that DEQ has mandated. This PBR must fail because Energix appears to weaponize DEQ-mandated repair actions against innocent parties, and DEQ has no policies in place to protect landowners. DEQ should amend its administrative procedures so that operators of solar utilities are not allowed to financially jeopardize landowners cooperating with DEQ-mandated repairs.
Agency Decision: Request denied.
Statement of Reason for Decision: Based on public comment and staff analysis, the Director of the Department of Environmental Quality is denying the petition for rulemaking for the following reasons:
1. The petition arrived during an active rulemaking to amend the solar PBR, and it is during that rulemaking that the concerns of the petitioner may be addressed, as appropriate.
2. All entities conducting business in the Commonwealth of Virginia must be registered with the Virginia State Corporation Commission (SCC). Owners of limited liability companies can be identified by performing an online search through the SCC's Business Entity Lookup. The business record will list the owner's name, status (whether the entity is in good standing with the state), annual report filing history, and registered agent.
3. DEQ does not have the authority to reject a permit application outright due to perceived past indiscretions by an applicant. Every complete permit application will be reviewed in accordance with the solar PBR regulation.
Agency Contact: Susan Tripp, Renewable Energy Permit-by-Rule Coordinator, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 664-3470, or email susan.tripp@deq.virginia.gov.
VA.R. Doc. No. PFR23-16; Filed April 11, 2023, 4:30 p.m.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF PHYSICAL THERAPY
Initial Agency Notice
Title of Regulation: 18VAC112-20. Regulations Governing the Practice of Physical Therapy.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Joseph Gianfortoni.
Nature of Petitioner's Request: The petitioner requests that the Board of Physical Therapy amend its regulations to define "invasive procedure." The petitioner additionally requests that the board amend its regulations to define the "practice of pelvic floor therapy" as a noninvasive procedure.
Agency Plan for Disposition of Request: The petition for rulemaking will be published in the Virginia Register of Regulations on May 8, 2023. The petition will also be published on the Virginia Regulatory Town Hall at www.townhall.virginia.gov to receive public comment, which will open on May 8, 2023, and will close on June 7, 2023. The board will consider the petition and all comments in support or opposition at the next meeting after the close of public comment; currently that meeting is scheduled for August 10, 2023. The petitioner will be notified of the board's decision after that meeting.
Public Comment Deadline: June 7, 2023.
Agency Contact: Corie Tillman Wolf, Executive Director, Board of Physical Therapy, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4674, or email ptboard@dhp.virginia.gov.
VA.R. Doc. No. PFR23-28; Filed April 13, 2023, 2:17 p.m.
BOARD OF COUNSELING
Initial Agency Notice
Title of Regulation: 18VAC115-80. Regulations Governing the Registration of Qualified Mental Health Professionals.
Statutory Authority: §§ 54.1-2400, 54.1-3500, and 54.1-3505 of the Code of Virginia.
Name of Petitioner: Kathy Johnson.
Nature of Petitioner's Request: The petitioner requests that qualified mental health professionals (QMHPs) who are dually registered to work with both children and adults; who have been exempted from certain requirements; who hold a Master's Degree or higher in social work, human services, or psychology; and who have more than 10 years professional work experience in mental or behavioral health should be considered qualified supervisors for qualified mental health professional trainees.
The petitioner also requests that those who meet the requirements in this petition should be able to practice independently.
Agency Plan for Disposition of Request: The petition for rulemaking will be published in the Virginia Register of Regulations on May 8, 2023. The petition will also be published on the Virginia Regulatory Town Hall at www.townhall.virginia.gov to receive public comment, which will open on May 8, 2023, and will close on June 7, 2023. The Board of Counseling will consider the petition and all comments in support or opposition at the next meeting after the close of public comment; that meeting is currently scheduled for July 21, 2023. The petitioner will be notified of the board's decision after that meeting.
Public Comment Deadline: June 7, 2023.
Agency Contact: Jaime Hoyle, Executive Director, Board of Counseling, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4406, or email jaime.hoyle@dhp.virginia.gov.
VA.R. Doc. No. PFR23-26; Filed April 5, 2023, 1:50 p.m.