DEPARTMENT OF ENVIRONMENTAL QUALITY

Whitehorn Solar LLC Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule - Pittsylvania County

Whitehorn 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 Gretna, Virginia.

The project is located east of Route 29 and southeast of the town of Gretna in north-central Pittsylvania County, Virginia (approximate coordinates are 36°55'43" N, 79°21'21" W). The project will be sited on roughly 700 acres of agricultural land across multiple parcels. The project will have a maximum rated capacity of 50 megawatts alternating current (AC). It will deliver power to an existing 69-kilovolt transmission line owned by Virginia Electric and Power Company (VEPCO). The project area will contain approximately 200,000 conventional photovoltaic solar panels (depending on the final panel selection) mounted on single-axis trackers in north-south rows that rotate east-to-west daily. The solar panels will produce direct current (DC) and deliver it to one of several inverters. The inverters will convert the power to AC, transformers will increase the voltage, and buried lines will deliver the electricity to a project substation in close proximity to the high-voltage transmission line.

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, FAX (804) 698-4319, or email mary.major@deq.virginia.gov.

STATE BOARD OF HEALTH

Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) 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 12VAC5-200, Regulations Governing Eligibility Standards and Charges for Medical Care Services to Individuals. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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.

Public comment period begins July 8, 2019, and ends July 29, 2019.

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 Lisa Park, Health Care Reimbursement Manager, Virginia Department of Health, 109 Governor Street, 13th Floor, Richmond, VA 23219, telephone (804) 864-7018, FAX (804) 864-7022, or email lisa.park@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.

Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) 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 each listed regulation. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

12VAC5-215, Rules and Regulations Governing Health Data Reporting

12VAC5-216, Methodology to Measure Efficiency and Productivity of Health Care Institutions

12VAC5-217, Regulations of the Patient Level Data System

12VAC5-218, Rules and Regulations Governing Outpatient Health Data Reporting

12VAC5-407, Procedures for the Submission of Health Maintenance Organization Quality of Care Performance Information

The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to each 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.

Public comment period begins July 8, 2019, and ends August 8, 2019.

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 Mylam Ly, Policy Analyst, Virginia Department of Health, Richmond, VA 23219, telephone (804) 864-7128, or email mylam.ly@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 the review 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.

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Housing and Community Development conducted a small business impact review of 13VAC5-80, Virginia Standards for Individual and Regional Code Academies, and determined that this regulation should be retained in its current form. The Department of Housing and Community Development is publishing its report of findings dated June 10, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

No public comments were received, and the regulation is currently only applicable to two localities. The regulation does not appear to be overly complex or duplicate or conflict with other federal or state law. The regulation underwent a regulatory review and update that became effective September 10, 2014. The regulation does not appear to have an impact on small businesses.

Contact Information: 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.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Housing and Community Development conducted a small business impact review of 13VAC5-200, Solar Energy Criteria for Tax Exemption, and determined that this regulation should be retained in its current form. The Department of Housing and Community Development is publishing its report of findings dated June 7, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

No public comments were received and the regulation is applicable to limited localities that optionally adopt an ordinance for an exemption to certain local taxes. As noted, the regulation is required by the Code of Virginia. The regulation does not appear to be overly complex or duplicate or conflict with other federal or state law. The regulation was last reviewed in 2012. The regulation does not appear to have an impact on small businesses.

Contact Information: 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.

DEPARTMENT OF LABOR AND INDUSTRY

Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Labor and Industry is conducting a periodic review and small business impact review of each listed regulation. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

16VAC15-40, Virginia Hours of Work for Minors

16VAC15-50, Regulation Governing the Employment of Minors on Farms, in Gardens and in Orchards

The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to each 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.

Public comment period begins July 8, 2019, and ends July 29, 2019.

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 Holly Trice, Regulatory Coordinator, Department of Labor and Industry, 600 East Main Street, Suite 207, Richmond, VA 23219, telephone (804) 786-2641, FAX (804) 371-6524, or email holly.trice@doli.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 the review 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 SOIL AND WATER CONSERVATION BOARD

Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Conservation and Recreation, on behalf of the Virginia Soil and Water Conservation Board, is conducting a periodic review and small business impact review of 4VAC50-70, Resource Management Plans. The review of this regulation will be guided by the principles in Executive Order 14 (2018).

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.

Public comment period begins July 8, 2019, and ends September 6, 2019.

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 Christine Watlington, Department of Conservation and Recreation, 600 East Main Street, Richmond, VA 23219, telephone (804) 786-3319, FAX (804) 371-2630, or email christine.watlington@dcr.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.

DEPARTMENT OF TAXATION

Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Taxation is conducting a periodic review and small business impact review of 23VAC10-55, Virginia Corn Excise Tax. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

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.

Public comment period begins July 8, 2019, and ends July 29, 2019.

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 Joe Mayer, Lead Tax Policy Analyst, Department of Taxation, P.O. Box 27185, Richmond, VA 23261-7185, telephone (804) 371-2299, FAX (804) 371-2355, or email joseph.mayer@tax.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 WASTE MANAGEMENT BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Waste Management Board conducted a small business impact review of 9VAC20-130, Solid Waste Planning and Recycling Regulations, and determined that this regulation should be retained in its current form. The Virginia Waste Management Board is publishing its report of findings dated May 8, 2019, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation continues to be needed. The regulation contains requirements for the content of solid waste management plans and details the options localities have when developing solid waste management plans. Localities may choose to develop their own plans or may join with other localities to form solid waste planning units. These plans promote source reduction, reuse, and recycling of materials, thereby reducing the amount of solid waste that needs to be disposed of in landfills.

No comments were received during the public comment period.

The regulation provides details concerning the content of solid waste management plans, required recycling rates, and the formation of solid waste planning units. The regulation is written in nontechnical language.

This regulation is a state-only regulation and there is no equivalent federal regulation. This regulation does overlap to an extent with the Solid Waste Management Regulation, 9VAC20-81. Both regulations address solid waste and the need to properly manage solid waste at permitted facilities. Some facilities that manage solid waste receive permits from the department that are issued through the Solid Waste Management Regulation, 9VAC20-81.

The regulation was amended in March 2019 to update terminology to be consistent with Virginia Hazardous Waste Management Regulations. The regulation was amended in February 2019 to clarify requirements and reorganize sections of the regulation to make the regulation easier to use.

The regulation requires localities to develop solid waste management plans. Small businesses are not required to develop solid waste management plans. Localities may collect information from businesses and industries in their localities in developing and implementing their plans. This regulation has minimal impact on small businesses.

Contact Information: Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email melissa.porterfield@deq.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Order for Dominion Pallet Inc.

An enforcement action has been proposed for Dominion Pallet Inc. for violations of the State Water Control Law and regulations at the Dominion Pallet facility located in Mineral, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Dominion Pallet facility. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Benjamin Holland will accept comments by email at benjamin.holland@deq.virginia.gov or by postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from July 9, 2019, through August 8, 2019.

Proposed Consent Order for E&A Call Inc.

An enforcement action has been proposed for E&A Call Inc. for violations of the State Water Control Law and regulations at the Manchester subdivision located in Bumpass, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Manchester subdivision. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Benjamin Holland will accept comments by email at benjamin.holland@deq.virginia.gov or by postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from July 9, 2019, through August 8, 2019.

Proposed Consent Order for Pilot Travel Centers LLC

An enforcement action has been proposed for Pilot Travel Centers LLC for violations at the Pilot Travel Center 4649 facility in Raphine, Virginia. The State Water Control Board proposes to issue a consent order with penalty to Pilot Travel Centers LLC to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Tiffany Severs will accept comments by email at tiffany.severs@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, from July 8, 2019, to August 7, 2019.

Proposed Consent Order for Rhumb Line Navigation Inc.

An enforcement action has been proposed for Rhumb Line Navigation Inc. for alleged violations that occurred at the Custom Yacht Service in Irvington, Virginia. The State Water Control Board proposes to issue a consent special order to Rhumb Line Navigation Inc. to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Cynthia Akers will accept comments by email at cynthia.akers@deq.virginia.gov, FAX at (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, from July 8, 2019, to August 7, 2019.

Public Meeting and Opportunity for Public Comment on Total Maximum Daily Load Implementation Plan for the McClure River Watershed, Dickenson County

Public meeting: The first public meeting to initiate the development of a total maximum daily load (TMDL) implementation plan (IP) for the McClure River Watershed will be held on Tuesday, July 16, 2019, from 6 p.m. until 8 p.m. in the McClure River 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.

Purpose of notice: The Department of Environmental Quality (DEQ) is seeking input from watershed stakeholders to address the best way to restore water quality in the McClure River Watershed. An IP will be developed to explain the pollutant reductions needed to meet the targets contained in the 2018 TMDL report prepared for the watershed. The IP will recommend a specific set of voluntary best management practices (BMPs) for agricultural lands, residential septic systems, and developed lands to reduce bacteria entering area streams. There will be a 30-day public comment period for interested persons to submit comments on the development of the IP. Written comments will be accepted from July 17, 2019, to August 15, 2019. Directions for how to submit a comment are provided here.

Description of study: There are six different impaired stream segments in the McClure River Watershed, including three segments of the McClure River mainstem, Big Spraddle Branch, Buffalo Creek, and Roaring Fork. All segments are listed as impaired on Virginia's § 303(d) TMDL Priority List and Report due to violations of Virginia's recreational use water quality standard from excess levels of E. coli bacteria.

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 TMDLs when appropriate. The 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 TMDL for the McClure River in 2018. To obtain a copy of the TMDL report, use the contact information listed.

How to comment and participate: This meeting is open to the public and all interested parties are welcome. A public comment period on the development of the TMDL IP will begin on July 17, 2019, and end August 15, 2019. All comments must be written and submitted via postal mail or email by 11:59 p.m. on August 15, 2019. Comments must include the name, address, and telephone number of the person submitting the comments. Please submit comments to Stephanie Kreps, Department of Environmental Quality, Southwest Regional Office, 355A Deadmore Street, Abingdon, VA 24210, telephone (276) 676-4803, or email stephanie.kreps@deq.virginia.gov.

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.

ERRATA

STATE CORPORATION COMMISSION

Bureau of Insurance

Title of General Notice: Administrative Letter 2019-01.

Publication: 35:19 VA.R. 2303-2304, May 13, 2019

Correction to Administrative Letter:

Page 2303, column 2, on the line before the first line of text of the administrative letter add "April 16, 2019"; on the next line, add "Administrative Letter 2019-01"

VA.R. Doc. No. C19-310; Filed April 16, 2019, 8:41 a.m.