AIR POLLUTION CONTROL BOARD
State Implementation Plan Revision -
Clean Air Interstate Rule Regulations Repeal
Notice of action: The Department of Environmental Quality (DEQ)
is announcing an opportunity for public comment on a proposed revision to the
Commonwealth of Virginia State Implementation Plan (SIP). The SIP is a 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 Act. The Commonwealth intends to submit the regulations to the EPA as a
revision to the SIP in accordance with the requirements of § 110(a) of the
federal Clean Air Act.
Regulations affected: The regulation of the board affected by
this action is the Regulation for Emissions Trading, specifically, the NOX
Annual Trading Program, the NOX Ozone Season Trading Program, and the SO2
Annual Trading Program (Parts II, III, and IV of 9VAC5-140), Revision D16.
These regulations comprise the Clean Air Interstate Rule (CAIR) Program.
Purpose of notice: DEQ is seeking comment on the issue of
whether the regulation amendments should be submitted as a revision to the SIP.
Public comment period: November 28, 2016, to December 28, 2016.
Public hearing: A public hearing may be conducted if a request
is made in writing to the contact listed below. 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.
Public comment stage: The regulation amendments are exempt from
the state administrative procedures for adoption of regulations contained in
Article 2 of the Administrative Process Act by the provisions of
§ 2.2-4006 A 4 c of the Code of Virginia because the amendments are
necessary to meet the requirements of the federal Clean Air Act and do not
differ materially from the pertinent EPA regulations. Since the amendments are
exempt from administrative procedures for the adoption of regulations, DEQ is
accepting comment only on the issue cited under "purpose of notice"
and not on the content of the regulation amendments.
Description of proposal: CAIR was an emissions trading program
intended to control nitrogen oxides (NOX) and sulfur dioxide (SO2),
which contribute to harmful levels of fine particle matter and ozone in
downwind states. On August 8, 2011 (76 FR 48208), EPA replaced CAIR with the
Cross-State Air Pollution Rule (CSAPR). CSAPR Phase 1 implementation was
scheduled for 2015, with Phase 2 beginning in 2017. CSAPR is being implemented
in Virginia under the associated federal implementation plan (FIP) and no
further regulatory action is needed at the state level for this purpose.
Chapter 291 of the 2011 Acts of Assembly requires that §§ 10.1-1327 and
10.1-1328 of the Code of Virginia, and any regulations implementing CAIR, be
repealed when facilities in the Commonwealth become subject to the requirements
of a FIP adopted by EPA in response to the remand of CAIR. Because CAIR has
been replaced by CSAPR, and Virginia is subject to the CSAPR FIP, Virginia may
now, as required by Chapter 291, repeal its CAIR regulations.
Federal information: This notice is being given to satisfy the
public participation requirements of federal regulations (40 CFR 51.102)
and not any provision of state law. 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. It is planned to submit
all provisions of the proposal as a revision to the SIP.
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
by the last day of the comment period. All materials received are part of the
public record.
To review regulation documents: The proposal and any supporting
documents are available on the DEQ Air Public Notices for Plans website at http://www.deq.virginia.gov/Programs/Air/PublicNotices/airplansandprograms.aspx.
The documents may also be obtained by contacting the DEQ representative named
below. 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, 8th Floor, 629 East Main Street,
Richmond, VA, telephone (804) 698-4070,
2) Southwest Regional Office, 355 Deadmore Street, Abingdon,
VA, telephone (276) 676-4800,
3) Blue Ridge Regional Office, Roanoke Location, 3019 Peters
Creek Road, Roanoke, VA, telephone (540) 562-6700,
4) Blue Ridge Regional Office, Lynchburg Location, 7705
Timberlake Road, Lynchburg, VA, telephone (434) 582-5120,
5) Valley Regional Office, 4411 Early Road, Harrisonburg, VA,
telephone (540) 574-7800,
6) Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA,
telephone (804) 527-5020,
7) Northern Regional Office, 13901 Crown Court, Woodbridge, VA,
telephone (703) 583-3800, and
8) Tidewater Regional Office, 5636 Southern Boulevard, Virginia
Beach, VA, telephone (757) 518-2000.
Contact Information: Karen G. Sabasteanski, Department
of Environmental Quality, 629 East Main Street,
P.O. Box 1105, Richmond, VA 23218, (804) 698-4426, FAX (804)
698-4510, or email karen.sabasteanski@deq.virginia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY
SunPower Corporation - Notice of
Intent for Small Renewable Energy (Solar) Project Permit by Rule - James City
County
SunPower Corporation has provided a notice of intent to the
Department of Environmental Quality of its intention to submit the necessary
documentation for a permit by rule for a small renewable energy project (solar)
in James City County, Virginia, pursuant to 9VAC15-60. The project will consist
of a photovoltaic solar facility of up to 35-megawatt capacity on
approximately 225 acres of land. The proposed site is situated north and
south of Norge Farm Lane and is located about two miles northwest of Lightfoot,
Virginia. When fully commissioned the facility will have 430,000 solar panels.
Contact Information: Mary E. Major, Department of
Environmental Quality, Renewable Energy Program, 629 East Main Street, P.O. Box
1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or
email mary.major@deq.virginia.gov.
Virginia Solar/Belcher Solar LLC -
Notice of Intent for Small Renewable Energy (Solar) Project Permit by Rule -
Louisa County
Virginia Solar/Belcher Solar LLC has provided the Department of
Environmental Quality a notice of intent to submit the necessary documentation
for a permit by rule for a small renewable energy project (solar) in Louisa
County, Virginia, pursuant to 9VAC15-60. The project will be located on 1305
acres across multiple parcels, on land east of Waldrop Church Road, north
of Bickley Road, south of Desper Road, and west of Harris Creek and Courthouse
Road. The solar project conceptually consists of approximately 370,000 335-watt
panels plus 35 2.7-megawatt inverters, which will provide a maximum 88.2
megawatts of nameplate capacity.
Contact Information: Mary E. Major, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218,
telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.
VIRGINIA FIRE SERVICES BOARD
Notice of Periodic Review and Small
Business Impact Review
Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1
and 2.2-4017 of the Code of Virginia, the Department of Fire Programs is
conducting a periodic review and small business impact review of 19VAC15-11,
Public Participation Guidelines. The review of this regulation will be
guided by the principles in Executive Order 17 (2014).
The purpose of this review is to determine whether this
regulation should be repealed, amended, or retained in its current form. Public
comment is sought on the review of any issue relating to this regulation,
including whether the regulation (i) is necessary for the protection of public
health, safety, and welfare or for the economical performance of important
governmental functions; (ii) minimizes the economic impact on small businesses
in a manner consistent with the stated objectives of applicable law; and (iii)
is clearly written and easily understandable.
The comment period begins November 3, 2016, and ends November
28, 2016.
Comments may be submitted online to the Virginia Regulatory
Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm.
Comments may also be sent to Mohamed Abbamin, Policy Manager, 1005 Technology
Park Drive, Glen Allen, VA 23059, telephone (804) 249-1982, FAX (804) 371-3444,
or email mohamed.abbamin@vdfp.virginia.gov.
Comments must include the commenter's name and address
(physical or email) information in order to receive a response to the comment
from the agency. Following the close of the public comment period, a report of
both reviews will be posted on the Town Hall and a report of the small business
impact review will be published in the Virginia Register of Regulations.
VIRGINIA LOTTERY
Director's Orders
The following Director's Orders of the Virginia Lottery were
filed with the Virginia Registrar of Regulations on November 9, 2016. The
orders may be viewed at the Virginia Lottery, 900 East Main Street, Richmond,
Virginia, or at the office of the Registrar of Regulations, 201 North 9th
Street, 2nd Floor, Richmond, Virginia.
Director's Order Number One
Hundred Fifty (16)
Virginia Lottery's Scratch Game 1732 "20 Years of
Cash!" Final Rules for Game Operation (effective November 4, 2016)
Director's Order Number One
Hundred Fifty-One (16)
Virginia Lottery's Scratch Game 1738 "$4,000,000
Spectacular Riches" Final Rules for Game Operation (effective November 4,
2016)
Director's Order Number One Hundred Fifty-Two (16)
Virginia Lottery's Scratch Game 1736 "10X The Money"
Final Rules for Game Operation (effective November 4, 2016)
Director's Order Number One Hundred Fifty-Three (16)
Virginia Lottery's Scratch Game 1686 "Triple Play"
Final Rules for Game Operation (effective November 4, 2016)
Director's Order Number One Hundred Fifty-Four (16)
Virginia Lottery's Scratch Game 1709 "Extreme Green"
Final Rules for Game Operation (effective November 4, 2016)
Director's Order Number One Hundred Fifty-Seven (16)
"Retailer Recruitment Incentive Promotion" Virginia
Lottery Retailer Incentive Program Requirements (This Director's Order is
effective nunc pro tunc to October 1, 2016, fully and completely replaces
Director's Order 95(15), and shall remain in full force and effect until 90
days after the conclusion of the Incentive Program, unless otherwise extended
by the Director)
Director's Order Number One Hundred Fifty-Eight (16)
Virginia Lottery's Scratch Game 1722 "Festive $50s"
Final Rules for Game Operation (effective October 31, 2016)
Director's Order Number One Hundred Fifty-Nine (16)
Virginia Lottery's Scratch Game 1723 "Sneak A Peek"
Final Rules for Game Operation (effective October 31, 2016)
Director's Order Number One Hundred Sixty (16)
Virginia Lottery's Scratch Game 1724 "Tacky Sweater
Surprise" Final Rules for Game Operation (effective October 31, 2016)
Director's Order Number One Hundred Sixty-One (16)
Virginia Lottery's Scratch Game 1725 "Holiday Riches"
Final Rules for Game Operation (effective October 31, 2016)
STATE WATER CONTROL BOARD
Total Maximum Daily Load for the James
River Watershed
Purpose of notice: To seek public comment and announce a public
meeting on a water quality study by the Department of Environmental Quality
(DEQ) for the James River watershed in Lynchburg, Virginia.
Public meeting: Tuesday, December 6, 2016, from 6 p.m. to
8 p.m. at Riveredge Park Community Center, 150 Rocky Hill Road, Madison
Heights, Virginia. In the case of inclement weather, the meeting will be held
on Monday, December 12, 2016, from 6 p.m. to 8 pm.
Meeting description: This is the second public meeting on a
study to restore water quality in various streams within the James River
Watershed.
Description of study: Virginia agencies are working to identify
sources of fecal bacteria contamination in stream segments from the James River
Watershed in Central Virginia. This contamination exceeds water quality
standards and thus, impairs, or decreases, the quality of the water.
The streams segments that will be included in the study are:
10.53 miles James River, 20.8 miles Ivy Creek, 5.89 miles Tomahawk Creek, 6.89
miles Burton Creek, 3.43 miles unnamed tributary to Burton Creek, 10.54 miles
Judith Creek, 5.44 miles Fishing Creek, 10.3 miles Blackwater Creek, 8.5 miles
Beaver Creek, 7.72 miles Harris Creek, 4.69 miles Dreaming Creek, 3.04 miles
Opossum Creek, 6.37 miles Williams Run, 5.17 miles Graham Creek, and 9.46 miles
Pedlar River.
During the study, DEQ will develop a total maximum daily load,
or TMDL, for the impaired waters. A TMDL is the total amount of a pollutant a
water body can contain and still meet water quality standards. To restore water
quality, contamination levels have to be reduced to the TMDL amount.
Public comment period: The public comment period on the
materials presented at the public meeting begins December 6, 2016, and ends
January 6, 2017.
How to comment: DEQ accepts written comments by email, fax, or
postal mail. Written comments should include the name, address, and telephone
number of the person commenting and be received during the comment period. DEQ
also accepts written and oral comments at the public meeting announced in this
notice. For additional information, or to submit comments, contact Paula Main,
Department of Environmental of Quality, Blue Ridge Regional Office, 7705
Timberlake Road, Lynchburg, VA 24502, telephone (434) 582-6216, or email paula.main@deq.virginia.gov.
Total Maximum Daily Load for McClure
River, Big Spraddle Branch, Buffalo Creek, and Roaring Fork
The Department of Environmental Quality (DEQ) seeks written and
oral comments from interested persons on the development of total maximum daily
loads (TMDLs) for the McClure River, Big Spraddle Branch, Buffalo Creek, and
Roaring Fork in Dickenson County, Virginia. These streams are listed on the
2012 § 303(d) TMDL Priority List and Report as impaired due to violations
of the state's water quality standards for bacteria.
Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C
of the Code of Virginia requires DEQ to develop TMDLs for pollutants
responsible for each impaired water contained in Virginia's § 303(d)
Priority List and Report.
The impaired segments include: 21.76 miles of the McClure
River, from the headwaters downstream to the Road Branch confluence near
Steinman; 2.31 miles of Big Spraddle Branch, a tributary to the McClure River
west of Stratton; 3.25 miles of Buffalo Creek, a tributary to the McClure River
north of Nora; 1.08 miles of Roaring Fork, a tributary to the McClure River
upstream of Nora.
The final public meeting on the development of the TMDL to
address the bacteria impairments for these segments will be held on November
29, 2016, from 6 p.m. to 8 p.m. at the McClure Kiwanis Building
located at the intersection of State Route 63 (Dante Mountain Road) and State
Route 773 (Herndon Road) in the McClure Community, Dickenson County, Virginia.
The public comment period begins November 29, 2016, and ends
December 29, 2016.
A component of a TMDL is the wasteload allocations (WLAs);
therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Code
of Virginia for any future adoption of the TMDLs associated WLAs. Information
on the development of the TMDLs for these impairments is available upon
request. Questions or information requests should be addressed to Martha Chapman,
Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore
Street, Abingdon, VA 24210, telephone (276) 676-4800, or email martha.chapman@deq.virginia.gov.
Please note, all written comments should include name, address,
and telephone number of the person submitting the comments and should be sent
to the Department of Environmental Quality contact person listed above.
VIRGINIA CODE COMMISSION
Notice to State Agencies
Contact Information: Mailing Address: Virginia
Code Commission, General Assembly Building, 201 North 9th Street, 2nd
Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; 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 http://www.virginia.gov/connect/commonwealth-calendar.
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.