DEPARTMENT OF ENVIRONMENTAL QUALITY

First Solar Development, LLC - Notice of Intent - Small Renewable Energy (Solar) Project

First Solar Development, 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 Montgomery County pursuant to 9VAC15-60. The project is located on approximately 230 acres between I-81 and Mud Pike Road approximately 4 miles southeast of Christiansburg. The project conceptually consists of approximately 61,500 x 430-watt modules across 8 x 2.5-megawatt alternating current arrays, providing a facility net capacity of 20 megawatts alternating current.

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.

Hollyfield II Solar LLC - Notice of Intent - Small Renewable Energy (Solar) Project

A notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) pursuant to 9VAC15-60 has been received from Hollyfield II Solar LLC. The project will be located in King William County on 170 acres across multiple parcels, on land south of Old Newcastle Road, north of the Pamunkey River, and on either side of Bassettaire Lane. The solar project conceptually consists of 56,000 x 350-watt panels plus 7 x 2-megawatt inverters that will provide a maximum 13 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.

STATE BOARD OF HEALTH

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 Health is conducting a periodic review and small business impact review of 12VAC5-195, Virginia WIC (Women, Infants, and Children) Program. 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The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 April 3, 2017, and ends on April 24, 2017.

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 Susan Puglisi, Policy Analyst, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7175, FAX (804) 864-7652, email susan.puglisi@vdh.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.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Health conducted a small business impact review of 12VAC5-462, Swimming Pool Regulations Governing the Posting of Water Quality Test Results, and determined that this regulation should be retained in its current form. The State Board of Health is publishing its report of findings dated March 3, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

1. Continuing need: The regulations are necessary to protect the public from potential illnesses associated with exposure to untreated recreational waters.

2. Public comment: One public comment was received concerning the regulation; this comment was in support of the regulation being retained.

3. Complexity of the regulation: This regulation has been in effect since August 1, 1994; the agency is unaware of any complaints concerning the complexity of the regulation.

4. Federal and state laws: This regulation does not conflict with any federal law or regulation. This regulation's water quality standards are in conflict with the Regulations Governing Tourist Establishment Swimming Pools and Other Public Pools (12VAC5-460); the latter regulation will be amended in response to a recent periodic review in order to reflect the modern standards in the Swimming Pool Regulations Governing the Posting of Water Quality Test Results (12VAC5-462).

5. Evaluation of regulation: The regulation is evaluated on an ongoing basis to ensure that its effect on small business is fair, properly administered, and minimized to the greatest extent possible.

Contact Information: Julie Henderson, Director of Food and General Environmental Services, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7455, FAX (804) 864-7475, or email julie.henderson@vdh.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Board of Health conducted a small business impact review of 12VAC5-600, Waterworks Operation Fee, and determined that this regulation should be retained in its current form. The State Board of Health is publishing its report of findings dated January 18, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

Continuing need: A number of small business owners provide public drinking water to their customers. A well-regulated drinking water oversight program helps protect these owners from experiencing waterborne disease outbreaks within their waterworks.

Public comments: No public comments were received.

Complexity of the regulation: This regulation has been in effect for a number of years with no complaints concerning any complexities.

Federal laws: The regulations complement the federal Safe Drinking Water Act by helping provide for necessary funding to maintain this program.

Evaluation of regulation: The regulation is evaluated on an ongoing basis to ensure that its effect on small businesses is fair and properly administered.

Contact Information: Drew Hammond, Deputy Director, Office of Drinking Water, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7302, FAX (804) 864-7521, or email drew.hammond@vdh.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Enforcement Action for the Town of Clifton Forge

An enforcement action has been proposed for the Town of Clifton Forge regarding operation of the town's sewage collection system. The proposed enforcement action replaces an existing consent order and includes additional injunctive requirements. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Robert Steele will accept comments by email at robert.steele@deq.virginia.gov, FAX at (540) 562-6725, or postal mail at Department of Environmental Quality, 3019 Peters Creek Road, Roanoke, VA 24019, from April 3, 2017, to May 3, 2017.

Proposed Enforcement Action for Coastal Precast Systems, LLC

An enforcement action has been proposed for Coastal Precast Systems, LLC, for violations of the State Water Control Law in Chesapeake, Virginia. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Jennifer Coleman will accept comments by email at jennifer.coleman@deq.virginia.gov, FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from April 3, 2017, to May 3, 2017.

Proposed Enforcement Action for Kinder Morgan Virginia Liquids Terminals, LLC (South Hill Terminal)

An enforcement action has been proposed for Kinder Morgan Virginia Liquids Terminals, LLC (South Hill Terminal), for violations of the State Water Control Law in Chesapeake, Virginia. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Jennifer Coleman will accept comments by email at jennifer.coleman@deq.virginia.gov, FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from April 3, 2017, to May 3, 2017.

Proposed Enforcement Action for Little Creek Partners Limited Partnership (Little Creek Marina)

An enforcement action has been proposed for Little Creek Partners Limited Partnership (Little Creek Marina) for violations of the State Water Control Law in Norfolk, Virginia. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Jennifer Coleman will accept comments by email at jennifer.coleman@deq.virginia.gov, FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from April 3, 2017, to May 3, 2017.

Proposed Consent Order for Spotsylvania Courthouse Village II, LLC

An enforcement action has been proposed for the Spotsylvania Courthouse Village II, LLC, in Spotsylvania County. The consent order describes a settlement to resolve violations of State Water Control Law and the applicable regulations associated with the Spotsylvania Courthouse Village Area C, Phase 1 Project. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Daniel Burstein will accept comments by email at daniel.burstein@deq.virginia.gov, FAX at (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from April 4, 2017, through May 4, 2017.

Proposed Consent Order for Torrissi Transport, LLC

An enforcement action has been proposed for Torrissi Transport, LLC, in Fairfax County. The consent order describes a settlement to resolve violations of State Water Control Law and the applicable regulations associated with the unauthorized discharge of oil to state waters. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Daniel Burstein will accept comments by email at daniel.burstein@deq.virginia.gov or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from April 4, 2017, through May 4, 2017.

Total Maximum Daily Load for Powell River and Tributaries

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of a total maximum daily load (TMDL) Implementation Plan for the Powell River and Tributaries watershed in Lee and Wise Counties. There are 10 different impaired stream segments in this study area, including the following streams: Butcher Fork, South Fork Powell River, North Fork Powell River, and Powell River. All segments are listed as impaired on Virginia's § 303(d) TMDL Priority List and Report due to violations of the state's water quality standard for bacteria and aquatic life.

There are four segments within the watershed that are impaired for bacteria: Powell River, North Fork Powell, South Fork Powell, and Butcher Fork. In addition, there are eight segments impaired for aquatic life: Powell River (5), North Fork Powell (1), and South Fork Powell (2). A complete list of the Powell River and Tributary impairment segments listing years, river miles, and locations can be found at http://bit.do/DEQPowellandTributaries_Impairments.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report. In addition, § 62.1-44.19:7 C of the Code of Virginia requires expeditious implementation of total maximum daily loads when appropriate. The Implementation Plan (IP) will provide measurable goals and the date of expected achievement of water quality objectives. The IP will also include the corrective actions needed and their associated costs, benefits, and environmental impacts. DEQ completed the bacteria and benthic TMDL for the Powell River and Tributaries in 2011. The TMDL was approved by the Environmental Protection Agency in March of 2011. The TMDL report is available on the DEQ website at http://bit.do/DEQPowellRiverandTributariesTMDL.

Because of the large geographic area of the watershed, the Department of Environmental Quality will host two public meetings to initiate the development of a TMDL Implementation Plan for the Powell River and Tributaries watershed. Both meetings will cover the same material; therefore, participation in only one of the meetings is needed. The first meeting will be held on Tuesday, April 11, 2017, from 6 p.m. to 8 p.m., at the Pennington Gap Community Center, 41670 West Morgan Avenue, Pennington Gap, VA 24277.

The second meeting will be held on Thursday, April 13, 2017, from 6 p.m. to 8 p.m., at the Big Stone Gap Town Hall Gymnasium, 505 East 5th Street South, Big Stone Gap, VA 24219. In the event of inclement weather, please call the number provided below to confirm postponement of the meeting.

A 30-day public comment period for the meeting will begin on April 11, 2017, and end on May 12, 2017. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Stephanie Kreps, Department of Environmental Quality, 355A Deadmore Street, Abingdon, VA 24210, telephone (276) 676-4803, or emailed to stephanie.kreps@deq.virginia.gov.

Amendment of Water Quality Management Planning Regulation

Notice of action: The State Water Control 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 governing people's rights or conduct that is upheld 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 23 new total maximum daily load (TMDL) waste load allocations.

Public comment period: April 3, 2017, through May 3, 2017.

Description of proposed action: DEQ staff will propose amendments to the state's Water Quality Management Planning regulation for the James River Basin (9VAC25-720-60 A), the Chowan River – Dismal Swamp River Basin (9VAC25-720-100 A), and the Chesapeake Bay-Small Coastal-Eastern Shore River Basin (9VAC25-720-110 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 1) that the board approve the four TMDL reports as the plan for the pollutant reductions necessary for attainment of water quality goals in the impaired segments, 2) that the board authorize inclusion of the four TMDL reports in the appropriate Water Quality Management Plan, and 3) that the board adopt 23 new TMDL waste load allocations as part of the state's Water Quality Management Planning Regulation in accordance with subdivision A 14 and subsection B of § 2.2-4006 of the Code of Virginia.

The TMDL reports were developed in accordance with federal regulations (40 CFR 130.7) and are exempt from the provisions of Article 2 of the Virginia Administrative Process Act. The reports 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 TMDL.

As of July 1, 2014, TMDL WLAs 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 four TMDL reports in this public notice have been reviewed by EPA for required TMDL elements; however, they remain in draft form awaiting State Water Control Board approval. The draft reports can be found at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx.

Affected Waterbodies and Localities for the 23 new TMDL waste load allocations:

James River Basin (9VAC25-720-60 A):

1. "E. coli TMDL Development for the James River and Tributaries near Lynchburg, VA"

• The James River and Tributaries TMDL, located in the City of Lynchburg and Amherst, Bedford, and Campbell Counties, proposes E. coli reductions for the James River - Upper, James River - Lower, Ivy Creek, Fishing Creek, Blackwater Creek, Tomahawk Creek, Burton Creek, Judith Creek, Beaver Creek, Pedlar Creek, and Harris Creek watersheds and provides E. coli waste load allocations of 2.27E+11 cfu/year, 1.33E+15 cfu/year, 4.07E+12 cfu/year, 3.76E+13 cfu/year, 3.61E+14 cfu/year, 1.01E+12 cfu/year, 3.47E+12 cfu/year, 3.26E+11 cfu/year, 3.26E+11 cfu/year, 7.86E+11 cfu/year, 1.02E+13 cfu/year.

2. "Bacteria TMDL Development for Lower Chickahominy River Watershed Located in Charles City, James City, and New Kent Counties, VA"

• The Lower Chickahominy River Watershed TMDL, located in Charles City, James City, and New Kent Counties, proposes E. coli reductions for the Diascund Creek, Beaverdam Creek, Unnamed Tributary to Beaverdam Creek (XAH), Barrow's Creek, and Mill Creek watersheds and provides E. coli waste load allocations of 2.51E+11 cfu/year, 1.27E+11 cfu/year, 4.52E+10 cfu/year, 6.90E+10 cfu/year, and 9.90E+11 cfu/year.

• The Lower Chickahominy River Watershed TMDL, located in Charles City, James City, and New Kent Counties, proposes Enterococci reductions for the Diascund Creek (tidal), Chickahominy River, and Gordon Creek watersheds and provides Enterococci waste load allocations of 7.12E+12 cfu/year, 9.57E+13 cfu/year, and 6.15E+12 cfu/year.

Chowan River – Dismal Swamp River Basin (9VAC25-720-100 A):

3. "Benthic Total Maximum Daily Load (TMDL) Development for the Kits Creek Watershed"

• The Kits Creek TMDL, located in Lunenburg County, proposes sediment reductions for the Kits Creek watershed and provides a sediment waste load allocation of 2.96 ton/year.

• The Kits Creek TMDL, located in Lunenburg County, proposes total phosphorus reductions for the Kits Creek watershed and provides a total phosphorus waste load allocation of 13.1 lbs/year.

Chesapeake Bay-Small Coastal-Eastern Shore River Basin (9VAC25-720-110 A):

4. "Bacteria Total Maximum Daily Loads for Nassawadox Creek and Tributaries and Westerhouse Creek in Northampton County, Virginia"

• The Nassawadox Creek and Westerhouse Creek TMDLs, located in Northampton County, proposes fecal coliform reductions for the Nassawadox Creek and Westerhouse Creek watersheds and provides fecal coliform waste load allocations of 6.04E+12 counts/year and 2.29E+11 counts/year.

How to comment: DEQ accepts written comments by email, fax, and postal mail. All written comments must include the full name, address, and telephone number of the person commenting and be received by DEQ by 5 p.m. on the last day of the comment period.

How a decision is made: After comments have been considered, the board will make the final decision. Citizens that 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 are available on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLDevelopment/DraftTMDLReports.aspx, and by contacting the DEQ representative named below for any report. The electronic copies are in PDF format and may be read online or downloaded.

Contact for public comments, document requests, and additional information: Mark Richards, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4329, FAX (804) 698-4032, or email mark.richards@deq.virginia.gov.

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.

ERRATA

BOARD OF HOUSING AND COMMUNITY DEVELOPMENT

Title of Regulation: 13VAC5-51. Virginia Statewide Fire Prevention Code.

Publication: 33:13 VA.R. 1471-1518 February 20, 2017.

Correction to Proposed Regulation:

Page 1475, 13VAC5-51-51, subdivision C, lines 3 and 4, replace "Department of Housing and Community Development (DHCD)" with "DHCD"

VA.R. Doc. No. R16-4665; Filed March 8, 2017, 3:02 p.m.

* * *

Title of Regulation: 13VAC5-63. Virginia Uniform Statewide Building Code.

Publication: 33:13 VA.R. 1518-1663 February 20, 2017.

Correction to Proposed Regulation:

Page 1552, 13VAC5-63-210, subdivision T 45, in the first sentence and in the name of the table, change "R602.7.1(1)" to "R602.7(1)"

Page 1631, 13VAC5-63-320, subdivision B 14, line 1, after "703.7" change "of" to "to"

Page 1638, 13VAC5-63-370, in the description of the section, after "Appendix F" strike "Rodent proofing" and add "Rodentproofing"

VA.R. Doc. No. R16-4664; Filed March 8, 2017, 3:02 p.m.

BOARD FOR WATERWORKS AND WASTEWATER WORKS OPERATORS AND ONSITE SEWAGE SYSTEM PROFESSIONALS

Title of Regulation: 18VAC160-40. Onsite Sewage System Professionals Licensing Regulations.

Publication: 33:11 VA.R. 1262-1293 January 23, 2017.

Correction to Final Regulation:

Page 1279, 18VAC160-40-130, subdivision 3 of the table, first column labeled "Prerequisites," after "Interim" insert "conventional onsite sewage system" and after "journeyman" insert "onsite sewage system installer"

Page 1279, 18VAC160-40-130, subdivision 4 of the table, first column labeled "Prerequisites," after "Interim" insert "conventional onsite sewage system" and after "journeyman" insert "onsite sewage system"

VA.R. Doc. No. R15-4114; Filed March 21, 2017