DEPARTMENT OF ENVIRONMENTAL QUALITY

Guidance for Citizen Nomination of State Surface Waters for Inclusion in Annual Water Quality Monitoring Plan

Purpose of guidance document: This document provides detailed guidance on implementation of § 62.1-44.19:5 F, a section of the State Water Control Law that provides for requests from the public regarding specific segments that should be included in the Virginia Department of Environmental Quality's (DEQ) annual water quality monitoring plan.

Background on the guidance document: A provision of the State Water Control Law (§ 62.1-44.19:5 F of the Code of Virginia) directs DEQ to provide a procedure for citizens of the Commonwealth to nominate portions of lakes, streams, and rivers of Virginia for water quality monitoring by DEQ. Citizens can send their nominations to DEQ via the procedures described below. Nominations received by April 30, 2018, will be considered for inclusion in DEQ's annual monitoring plan for the 2019 calendar year. The monitoring plan will be finalized after considering the citizen nominations for inclusion. DEQ will respond to each request in writing, stating the reasons for accepting or denying each nomination. DEQ's response is due by August 31 for nominations received between January 1, 2018, and April 30, 2018.

Process to request additional monitoring: Any person may request that a specific body of water be included in DEQ's annual water quality monitoring plan. Each request received between January 1 and April 30 shall be reviewed when DEQ develops or updates the annual water quality monitoring plan. Such requests shall include, at a minimum (i) a geographical description of the water body recommended for monitoring, (ii) the reason the monitoring is requested, and (iii) any water quality data that the petitioner may have collected or compiled. See the nominating form, Request to Include a Water Segment in DEQ's Annual Monitoring Plan, at the end of this notice.

Note: The monitoring program covered by this process is directed at the surface waters of the state. Private ponds, privately owned lakes, and any other body of water not deemed to be "state waters" are ineligible.

Nominations can be submitted by mail, fax, email, or hand delivered to the receptionist's desk at the Department of Environmental Quality, Central Office, 1111 East Main Street, Suite 1400, Richmond, VA. Mailing Address: Stuart Torbeck, Virginia Department of Environmental Quality, P.O. 1105, Richmond, VA 23218. Street Address (FedEx): Stuart Torbeck, Virginia Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219. FAX: Attention Stuart Torbeck, Virginia Department of Environmental Quality, telephone (804) 698-4032, or email charles.torbeck@deq.virginia.gov.

Use of the nomination form provided at the end of this notice is preferred. All nominations with the minimum of information as outlined in this notice will be accepted for review.

Timeline: Nominations received between January 1, 2018, and April 30, 2018, will be considered for inclusion in DEQ's water quality monitoring plan for the 2019 calendar year. DEQ will respond in writing on its approval or denial of each nomination by August 31, 2018. The DEQ 2019 monitoring plan will be made available for public inspection. A notice of availability of the annual monitoring plan will be placed in the Virginia Register and on DEQ's website at http://www.deq.virginia.gov/Programs/Water.aspx.

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REQUEST TO INCLUDE A WATER SEGMENT IN DEQ'S ANNUAL MONITORING PLAN

Geographic description of the water body:

(1) Name of the water body or segment proposed for monitoring:

(2) Description of the upstream and downstream boundaries of the water body proposed for monitoring. Attach a map (preferably a photocopy of a 7.5 minute quad USGS topographic map) which delineates the boundaries:

(3) Reason for requesting that this water body be monitored:

(4) Attach any water quality data that you have collected or compiled. Include the name of the organization/entity that generated the data.

Submit to mailing address: Stuart Torbeck, Virginia Department of Environmental Quality, P.O. 1105, Richmond, VA 23218. Street Address (FedEx): Stuart Torbeck, Virginia Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219. FAX: Attention Stuart Torbeck, Virginia Department of Environmental Quality, telephone (804) 698-4032, or email charles.torbeck@deq.virginia.gov.

Contact Information: Stuart Torbeck, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4461, FAX (804) 698-4032, or email charles.torbeck@deq.virginia.gov.

Church View Solar LLC Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule - Middlesex County

Church View 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 solar energy project. Church View Solar LLC is proposing to develop a 20-megawatt solar farm to be located in Middlesex County. The project will be located on 535 acres across multiple parcels, north of Wares Bridge Road, west of Tidewater Trail, east of Dragon Road, and south of Briery Swamp Road. The solar project conceptually consists of approximately 85,000 335-watt panels plus eight 2.7-megawatt inverters.

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, 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 12VAC5-80, Regulations for Administration of the Virginia Hearing Impairment Identification and Monitoring System. 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 January, 8, 2018, and ends January 29, 2018.

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 Janice Hicks, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7686, FAX (804) 864-7652, or email janice.hicks@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.

BOARD OF HOUSING AND COMMUNITY DEVELOPMENT

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 Board of Housing and Community Development is conducting a periodic review and small business impact review of 13VAC5-112, Enterprise Zone Grant Program Regulation. 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 on January 8, 2018, and ends February 7, 2018.

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 Kyle Flanders, Senior Policy Analyst, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 786-6761, FAX (804) 371-7090, or email kyle.flanders@dhcd.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.

BOARD OF MEDICAL ASSISTANCE SERVICES

Draft Chapter I (General Information) Provider Manual for Stakeholder Input

The draft version of Chapter I (General Information) is posted on the Department of Medical Assistance Services website at http://www.dmas.virginia.gov/Content_pgs/pd-pmnl.aspx for public comment through January 17, 2018. For convenience, the updates are marked in red and can be found on Page 9. Please see the overview below for more details.

Overview of changes: Chapter I in all DMAS provider manuals has been changed to reflect member copays for inpatient hospital services from $100 to $75.

Chapter I will be finalized and officially posted by January 24, 2018, at https://www.virginiamedicaid.dmas.virginia.gov
/wps/portal/ProviderManuals.

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, TDD (800) 343-0634, or email emily.mcclellan@dmas.virginia.gov.

Draft Hospital and Physician-Practitioner (Appendix D) Provider Manuals for Stakeholder Input

The draft versions of Appendix D of the Hospital and Physician-Practitioner Manuals are posted on the Department of Medical Assistance Services website for public comment through January 6, 2018. For convenience, only the revised sections have been posted. Please see the overview below for more details.

Overview of changes: Provides information on updated coverage of stem cell transplants for members older than 21 years of age.

Please click the following link: http://www.dmas.virginia.gov/Content_pgs/pd-pmnl.aspx to view the draft manuals. The finalized version will be officially posted by January 6, 2018, on the DMAS web portal at https://www.virginiamedicaid.dmas.virginia.gov
/wps/myportal/providermanual.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, TDD (800) 343-0634, or email emily.mcclellan@dmas.virginia.gov.

SAFETY AND HEALTH CODES BOARD

Occupational Exposure to Beryllium

On November 30, 2017, the Safety and Health Codes Board adopted a delay until August 1, 2018, of the compliance obligations of the Occupational Exposure to Beryllium regulation for the shipyard and construction industries, 16VAC25-100-1915.1024 and 16VAC25-175-1926.1124. These regulations are identical to federal regulations 29 CFR 1915.1024 and 29 CFR 1926.1124, which have been subjected to an administrative stay of enforcement by the Occupational Safety and Health Administration. The compliance date for general industry remains unchanged.

Contact Information: Ron Graham, VOSH Health Compliance Director, Virginia Department of Labor and Industry, 600 East Main Street, Suite 207, Richmond, VA 23219, telephone (804) 786-0574, or email ron.graham@doli.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Enforcement Action for Colonial
Pipeline Company

An enforcement action has been proposed for Colonial Pipeline Company for violations of State Water Control Law that occurred in Fairfax County, Virginia. A description of the proposed action is available online at www.deq.virginia.gov. Lee Crowell will accept comments by email at lee.crowell@deq.virginia.gov or postal mail at Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23219, from January 8, 2018, through February 7, 2018.

Proposed Consent Special Order for
FDP Virginia Inc.

An enforcement action has been proposed for FDP Virginia Inc. for violations at FDP Brakes located at 1076 Airport Road, Tappahannock, Virginia. The State Water Control Board proposes to issue a special order by consent to FDP Virginia Inc. to address noncompliance with the State Water Control Law and regulations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Kristen Sadtler will accept comments by email at kristen.sadtler@deq.virginia.gov, FAX at (804) 698-4277, or postal mail at Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, from January 8, 2018, to February 8, 2018.

Proposed Enforcement Action for
John C. Holland Enterprise Inc.

An enforcement action has been proposed for John C. Holland Enterprise Inc. for violations of the State Water Control Law in Suffolk, 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. Russell Deppe will accept comments by email at russell.deppe@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 January 8, 2018, to February 7, 2018.

Total Maximum Daily Load for New River and its Tributaries

Description of technical advisory committee and public meetings: The Virginia Department of Environmental Quality will host the fourth technical advisory committee meeting and final public meeting for the New River polychlorinated biphenyls (PCB) total maximum daily load (TMDL) project on Thursday, January 25, 2018. The technical advisory committee (TAC) meeting will be held from 1:30 p.m. until 3:30 p.m. at the Radford Public Library, 30 West Main Street, Radford, VA 24141. The final public meeting will be held from 6 p.m. until 8 p.m. at the Radford Public Library, 30 West Main Street, Radford, VA 24141. In the case of inclement weather, the meetings will be held on January 31, 2018, at the same times and location. The technical advisory committee consists of representatives from local governments, Virginia pollutant discharge elimination system permittees, riparian landowners, and recreational and conservation groups in the watershed. Technical advisory committee meetings are open to the public, and interested citizens are welcome to observe and ask questions during the designated time at the meeting. All are welcome at the public meeting.

Purpose of notice: The Department of Environmental Quality (DEQ) and its contractors will discuss the results and draft document from the polychlorinated biphenyls (PCBs) water quality study known as a total maximum daily load (TMDL) for the New River and its tributaries. Additional TAC discussion topics include but are not limited to the TMDL development approach, TMDL implementation strategies, and project next steps. The TMDL draft document will be presented and discussed at both the TAC and public meetings. The draft document can be found on the New River PCB webpage at http://www.deq.virginia.gov/Programs/Water
/WaterQualityInformationTMDLs/TMDL/PCBTMDLs/NewRiverTMDLPCB.aspx. A 30-day public comment period will follow the meeting and expire on February 26, 2018.

Description of study: In Virginia, portions of the mainstem New River, Stony Creek, Walker Creek, Reed Creek, and Claytor Lake are listed as impaired for PCBs based on a Virginia Department of Health (VDH) fish consumption advisory and violations of Virginia's Water Quality Standards. The PCB impairment begins at the I-77 bridge across the New River and extends downstream of the Virginia/West Virginia state line and includes Peak Creek, Reed Creek, Stony Creek, Walker Creek, and Claytor Lake. This water quality study will report on the sources of PCBs and recommend reductions to meet TMDLs for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. Reductions and a TMDL designed to reinstate the fish consumption use will be developed. Virginia agencies have worked cooperatively to identify sources of PCBs.

How to comment and participate: The meetings of the TMDL process are open to the public, and all interested parties are welcome. A technical advisory committee or TAC was formed to assist in the development of this TMDL. Written comments will be accepted through February 26, 2018, and should include the name, address, and telephone number of the person submitting the comments. For more information or to submit comments, please contact Mark Richards, Department of Environmental Quality, Office of Watershed Programs, telephone (804) 698-4392, or email mark.richards@deq.virginia.gov; Lucy Baker, Department of Environmental Quality, Blue Ridge Regional Office, telephone (540) 562-6718, or email lucy.baker@deq.virginia.gov; or Martha Chapman, Department of Environmental Quality, Southwest Regional Office, telephone (276) 676-4800, FAX (276) 676-4899, or email martha.chapman@deq.virginia.gov. To submit comments via traditional mail, please use the following address: Mark Richards, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219.

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.