STATE AIR POLLUTION CONTROL BOARD
State Implementation Plan Revision -
Proposed 2017 Base Year Inventory for Northern Virginia Ozone Nonattainment
Area for Precursors to the Pollutant Ozone
The Department of Environmental Quality (DEQ) is seeking
comments and announcing a public comment period on a proposed 2017 base year
inventory for precursors to the pollutant ozone, which are carbon monoxide
(CO), nitrogen oxides (NOX), and volatile organic compounds (VOC),
in the Northern Virginia Ozone Nonattainment Area. The Commonwealth intends to
submit the inventory as a revision to the Virginia State Implementation Plan
(SIP) in accordance with the federal Clean Air Act. The SIP is the plan
developed by Virginia in order to fulfill its responsibilities under the federal
Clean Air Act to attain and maintain the National Ambient Air Quality Standards
(NAAQS) promulgated by the U.S. Environmental Protection Agency (EPA).
Purpose of notice: DEQ is seeking
comments on the overall 2017 inventory for the Northern Virginia portion of the
Metropolitan Washington, DC-MD-VA Ozone Nonattainment Area, which is classified
as marginal for the 2015 NAAQS, and consists of the counties of Arlington,
Fairfax, Loudoun, and Prince William and the cities of Alexandria, Fairfax,
Falls Church, Manassas, and Manassas Park.
Public comment period: June 22, 2020, to July 22, 2020. This
comment period is in addition to the previously conducted public comment period
of April 27, 2020, to May 27, 2020.
Public hearing: A public hearing will be conducted if a request
is made in writing to the contact listed at the end of this notice. 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.
Description of proposal: The proposal consists of a
comprehensive inventory of actual emissions from all sources of relevant
pollutants for the base year 2017. This inventory, once finalized, will be the
basis for any future planning exercises that have as a goal compliance with the
2015 ozone NAAQS. The proposal was prepared by the Metropolitan Washington Air
Quality Committee (MWAQC), which consists of elected officials from the
affected localities and representatives of state transportation and air quality
planning agencies.
The complete proposal is available
at https://www.mwcog.org/documents/2020/05/27/washington-dc-md-va-2015-ozone-naaqs-nonattainment-area-base-year-2017-emissions-inventory-updated-may-28-2020/.
Federal information: This notice is
being given to satisfy the public participation requirements of federal
regulations (40 CFR 51.102). The proposed inventory and supporting
technical documents 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.
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 no later than the last day of the comment
period. A cover page with recipient designation must be part of each fax. DEQ
prefers that comments be provided in writing, along with any the supporting
documents or exhibits. Comments must be submitted to the contact person listed
at the end of this notice. All materials received are part of the public
record.
To review the proposal: The
proposal and any supporting documents are available on the DEQ Air Public
Notices for Plans and Programs website at https://www.deq.virginia.gov/Programs/Air/PublicNotices/airplansandprograms.aspx. The documents may also be obtained by contacting the
DEQ representative provided. The public may schedule an appointment to 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, 22nd Floor,
1111 East Main Street, Richmond, VA, telephone (804) 698-4249; and
2) Northern Regional Office, 13901
Crown Court, Woodbridge, VA, telephone (703) 583-3800.
Contact Information: Doris
A. McLeod, Department of Environmental Quality, 1111 East Main Street, Suite
1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4197, FAX (804)
698-4178, or email doris.mcleod@deq.virginia.gov.
STATE CORPORATION COMMISSION
AT RICHMOND, MAY 29, 2020
COMMONWEALTH OF VIRGINIA, ex rel.
STATE CORPORATION COMMISSION
CASE NO. PUE-2013-00045
Concerning the establishment of a renewable energy
pilot program for third party power purchase agreements
ORDER UPDATING GUIDELINES
On March 14, 2013, the Virginia General Assembly enacted
Chapter 382 of the 2013 Virginia Acts of Assembly ("2013
Legislation") requiring the State Corporation Commission
("Commission") to conduct a renewable energy pilot program for third
party power purchase agreements ("Pilot Program") within the service
territory of Virginia Electric and Power Company and to establish certain
guidelines regarding implementation of this Pilot Program. Pursuant to the 2013
Legislation, on November 14, 2013, the Commission established the Pilot Program
and developed Guidelines Regarding Notice Information for a Third Party
Renewable Power Purchase Agreement ("Guidelines").
On April 5, 2017, the Virginia General Assembly approved
Chapter 803 of the 2017 Virginia Acts of Assembly ("2017
Amendments"), which, among other things, re-enacted the 2013 Legislation
with amendments requiring that the Pilot Program be conducted within the
certificated service territory of each investor‑owned electric utility in
Virginia, excepting any utility described in § 56‑580 G of the Code
of Virginia. As a result, updates to the Applicability and Program Cap
Management sections of the Guidelines were made by the Commission on June 29,
2017, in this docket.
During its 2020 Session, the Virginia
General Assembly enacted Chapters 1193 (HB 1526) and 1194 (SB 851) of the 2020
Virginia Acts of Assembly which, inter alia, amended the Pilot Program
("2020 Amendments").1 The 2020 Amendments require that the
Pilot Program be conducted within the certificated service territory of each
investor‑owned electric utility in Virginia, now including Kentucky
Utilities Company d/b/a Old Dominion Power Company in addition to Virginia
Electric and Power Company and Appalachian Power Company. The 2020 Amendments
also: (i) increase the renewable generation capacities available for this
program, (ii) increase the size of the renewable generation facilities eligible
for inclusion in the program, and (iii) increase the overall caps of this
program in the investor-owned utilities' service territories, based upon the
utilities' peak load forecasts. As a result, updates to the Applicability,
Contents of Filing and Program Cap Management sections of the Guidelines are
necessary to reflect these legislative changes.
NOW THE COMMISSION, upon consideration of this matter, is of
the opinion and finds that the Guidelines should be updated as set forth in
Attachment A to this Order to reflect the 2020 Amendments.2
Accordingly, IT IS ORDERED THAT:
(1) The instant case is moved from "closed" to
"active" status in the records maintained by the Clerk of the
Commission and is restored to the Commission's docket for the purpose of
updating the Commission's Guidelines.
(2) The Guidelines, which were established pursuant to the 2013
Legislation and previously updated to reflect changes to the Pilot Program
resulting from the 2017 Amendments, hereby are
further updated as set forth in Attachment A to this Order to reflect the
changes to the Pilot Program resulting from the 2020 Amendments.
(3) On and after the effective dates
of these updates, any renewable third-party power purchase agreement
established pursuant to the Pilot Program shall be established in accordance
with these Guidelines and shall comply with the attendant statutory
requirements.
(4) The updates to these
Guidelines shall become effective on July 1, 2020.
(5) The Commission's Division
of Public Utility Regulation shall provide copies of this Order by electronic
transmission, or when electronic transmission is not possible, by mail, to: (i)
all current Pilot Program participants; and (ii) individuals, organizations,
and companies who (a) previously participated in the Commission's dockets establishing
and updating the Pilot Program Guidelines, or (b) have otherwise been
identified by the Commission Staff as interested in the development of solar
and wind powered generation in the Commonwealth. This Order shall also be
posted on the Commission's website.
(6) This case is dismissed.
AN ATTESTED COPY hereof shall be sent by the Clerk of the
Commission to: Paul E. Pfeffer, Esquire, Dominion Resources Services, Inc., 120
Tredegar Street, Riverside 2, Richmond, Virginia 23219, paul.e.pfeffer@dominionenergy.com; Noelle J. Coates, Esquire,
American Electric Power Service Corporation, 1051 E. Cary Street, 3 James
Center, Suite 1100, Richmond, Virginia 23219, njcoates@aep.com; Allyson K. Sturgeon,
Esquire LG&E and KU Energy LLC, 220 West Main Street, Louisville, Kentucky
40202, allyson.sturgeon@lge-ku.com; C. Meade
Browder, Jr., Senior Assistant Attorney General, Office of the Attorney
General, Division of Consumer Counsel, 202 N. 9th Street, Floor 8, Richmond,
Virginia 23219, mbrowder@oag.state.va.us; and a copy shall be delivered to the Commission's Office
of General Counsel and Divisions of Public Utility Regulation and Utility
Accounting and Finance.
_____________________________
1These
Acts of Assembly are duplicate enactments known as the "Virginia Clean
Economy Act." The 2020 Amendments to the Pilot Program are also included
in Chapters 1178 (HB 572), 1187 (SB 710), 1189 (HB 1184, and 1239 (HB 1647) of
the 2020 Acts of Assembly.
2A copy of the Guidelines that highlights the updates
included in Attachment A also is attached to this Order as Attachment B. A copy
of the Guidelines set forth in Attachment A and Attachment B also may be viewed
at https://scc.virginia.gov/pages/Renewable-Energy-Pilot-Program.
*
* *
AT RICHMOND, MAY 29, 2020
COMMONWEALTH OF VIRGINIA, ex
rel.
STATE CORPORATION COMMISSION
CASE NO. URS-2020-00052
Ex Parte: In the matter
concerning regulations required by Chapter 822
of the 2020 Acts of Assembly
ORDER ESTABLISHING PROCEEDING
Chapter 822 of the 2020 Virginia Acts of Assembly
("Act") amends the Code of Virginia ("Code") by adding a
provision directing the State Corporation Commission ("Commission")
to promulgate regulations requiring that a licensed
professional engineer exercise responsible charge over engineering projects that
(i) involve gas pipeline facilities, as defined in the federal regulations
promulgated under 49 USC § 60101 et seq., as amended and adopted by the
Commission, and the federal pipeline safety laws, and (ii) may present a
material risk to public safety.1 These regulations are in
furtherance of the Act's related amendment to a Code provision2
that, inter alia, exempts from professional engineer licensing, employees of
Commission‑regulated public service corporations when providing
engineering services in connection with public service corporations' facilities
regulated by the Commission.3
The Act further directs the Commission to convene a stakeholder
group to develop and propose to the Commission no later than December 1, 2020,
recommendations concerning these regulations ("Stakeholder Group").4 The Stakeholder Group is to
include representatives of natural gas utilities in the Commonwealth.
NOW THE COMMISSION, upon
consideration of the foregoing, hereby directs the Staff of the Commission's
Division of Utility and Railroad Safety ("URS Division Staff" or
"Staff") to furnish copies of this Order to individuals, organizations,
and companies identified by Staff as potentially having an interest in this
proceeding. We further direct the URS Division Staff to organize and convene
the Stakeholder Group required by the Act. The Stakeholder Group shall include
one representative from each of the following: individual local distribution
companies in the Commonwealth, the Virginia Society of Professional Engineers,
the Department of Professional Occupational Regulations, and other natural gas
utilities in the Commonwealth. Finally, we will direct the URS Division Staff,
utilizing input from the Stakeholder Group and its own inquiry, to submit to
the Commission a report presenting draft regulations, findings, and
recommendations ("Staff Report") corresponding to the directives to
the Commission contained in the Act's Third Enactment Clause.5
Accordingly, IT IS ORDERED
THAT:
(1) The Commission establishes Case No. URS-2020-00052 for the
purpose of developing regulations to be promulgated by the Commission regarding
engineering projects involving gas pipeline facilities.
(2) The URS Division Staff
shall establish and coordinate the Stakeholder Group required by the Act,
convening the group's first meeting by July 15, 2020. Requests for information
concerning Stakeholder Group participation and meetings shall be directed to lauren.govoni@scc.virginia.gov.
(3) On or before December
1, 2020, the URS Division Staff, utilizing input from the Stakeholder Group and
its own inquiry, shall submit to the Commission a Staff Report presenting draft
regulations, findings, and recommendations in response to the directives to the
Commission contained in the Act's Third Enactment Clause.
(4) The Staff shall also transmit electronically or by
mail a copy of this Order to individuals, organizations, and companies
identified by Staff as potentially having an interest in this proceeding.
(5) This matter is continued.
AN ATTESTED COPY HEREOF
shall be sent by the Clerk of the Commission to: Richard S. Tyler, P.E., President, Virginia Society of Professional
Engineers, P.O. Box 6087 Fredericksburg, VA 22403, info@vspe.org; Mary Broz-Vaughan,
Director, Department of Professional and Occupational Regulation, 9960 Mayland
Drive, Suite 400, Richmond, Virginia 23233, mary.broz-vaughan@dpor.virginia.gov;
Brently K. Archer, President, Columbia Gas of Virginia, Inc., 1809 Coyote Drive, Chester, Virginia 23836, barcher@nisource.com; Jim Kibler,
President, Virginia Natural Gas, Inc., 544 S Independence Boulevard, Virginia
Beach, Virginia, 23452, jkibler@southernco.com; Donald "Blue" Jenkins, President, Washington
Gas Light Company, 6801 Industrial Road, Springfield, Virginia 22151, blue.jenkins@washgas.com; Paul Nester, President & CEO, Roanoke Gas Company,
519 Kimball Avenue NE, Roanoke, Virginia, 24016, paul_nester@rgcresources.com; James E. McClain, President, Southwestern Virginia Gas
Company, 208 Lester Street, Martinsville, Virginia 24112, james@swvagas.com; John D. Jessee, President, Appalachian Natural Gas
Distribution Company, 220 West Valley Street, NW, Abingdon, Virginia, 24210, jjessee@appnatgas.com; J. Kevin
Dobbs, President, Atmos Energy Corporation, 810 Crescent Center Drive Suite
600, Franklin, Tennessee, 37067, kevin.dobbs@atmosenergy.com; Eric V. Taylor, Director, Pipeline Safety Management
Systems, Dominion Energy Transmission, Inc., 925 White Oaks Blvd, Bridgeport,
West Virginia 26330. eric.v.taylor@dominionenergy.com; Christopher J. Wagner, Director of Safety, AmeriGas
Propane, Inc., 460 North Gulph Road, King of Prussia, Pennsylvania 19406, christopher.wagner@amerigas.com;
Nicole Sullivan, Vice President, Anderson Propane Service, Inc., P.O. Box 300,
11905 Tidewater Trail, Fredericksburg, Virginia 22408, nicoles@andersonoil.com; Dennis Hochkamer, Propane Safety Manager, Holtzman Oil
Corp., P.O. Box 8, Mt. Jackson, Virginia 22842, dennish@hotzmancorp.com; John Henry Jordan, Vice President of Facilities,
Management Services Corporation, 102 South First Street, Suite 301, P. O.
Box 5306, Charlottesville, Virginia 22905, jjordan@msc-rents.com. A copy also shall be delivered to the Commission's Office
of General Counsel and Division of Utility and Railroad Safety.
___________________________________________
1New § 56-257.2:1 of the Code.
2Section 54.1-401 of the Code.
3The Act's Fourth Enactment Clause delays
the effective date of the Act's First Enactment containing these Code
amendments to January 1, 2021. However, the rulemaking process established
herein is directed pursuant to the Act's Second and Third Enactments.
4The Act's Second Enactment Clause establishes
this stakeholder process.
5The Act's Third Enactment Clause provides as follows:
"3. That prior to promulgating the regulations
required by § 56-257.2:1 of the Code of Virginia, as created by this act, the State
Corporation Commission (the Commission) shall determine the extent to which
engineering projects involving gas pipeline facilities present a material risk
to public safety and thereby require the seal of a professional engineer. In
making its determination, the Commission shall consider solutions that other
states and the natural gas industry have proposed or used in addressing such
risks and any other information it deems relevant. The Commission shall
evaluate (i) the installation of new or replacement transmission class
pipelines, distribution mains, distribution services, points of delivery, and
district regulator stations; (ii) projects that involve a change in system
pressure; (iii) any other projects that may present a material risk to public
safety; and (iv) alternative procedures for emergency work."
DEPARTMENT OF ENVIRONMENTAL QUALITY
Apple Grove Solar Notice of Intent for
Small Renewable Energy Project (Solar) - Louisa County
Apple Grove Solar has provided the Department of Environmental
Quality a notice of intent to submit the necessary documentation for a permit
by rule for a renewable energy project (solar) in the Louisa County. The
project is to be located on up to 147 acres adjacent to Jefferson Highway. The
project will have a maximum capacity of 20 megawatts alternating current and,
depending on final design, consist of approximately 66,000 solar photovoltaic
modules installed on single-axis tracking racking structures and inverters
installed on approximately five separate concrete pads.
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.
Grassfield Solar LLC Withdrawal of
Notice of Intent for Small Renewable Energy Project (Solar) -
City of Chesapeake
Grassfield Solar LLC has withdrawn the notice of intent to
submit the necessary documentation for a permit by rule for a small renewable
energy project (solar) in the City of Chesapeake. The proposed solar farm was
to be located on the west side of West Road approximately 1,000 feet south of
the intersection of West Road and Airport Drive. The notice of intent was
originally published in the Virginia Register of Regulations on August 5, 2019.
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.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Medical Assistance Eligibility Manual
Draft Transmittal
Comment period: June 1, 2020, to
June 30, 2020.
The Medical Assistance Eligibility
Manual draft transmittal (DMAS-17) is now available for review and public
comment. The changes in this document are proposed to be effective on July 1,
2020.
The notice is available at http://www.dmas.virginia.gov/files/links/5346/Draft%20TN%20#DMAS-17%20Effective%207-1-20.pdf.
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.
STATE WATER CONTROL BOARD
Proposed Enforcement Action for
Nicholas Anoia
An enforcement action has been proposed for Nicholas Anoia for
violations of the State Water Control Law in Virginia Beach, Virginia. A
description of the proposed action is available at the Department
of Environmental Quality office listed 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 June 22, 2020, to July 22, 2020.
Proposed Consent Special Order for
Hanover County Department of Public Utilities
The State Water Control Board proposes to issue a consent
special order to Hanover County Department of Public Utilities for alleged
violation of the State Water Control Law at the Doswell wastewater treatment
plant, 15468 Theme Park Way, Hanover, Virginia. A description of the proposed
action is available at the Department of
Environmental Quality office listed or online at www.deq.virginia.gov.
Jeff Reynolds will accept comments by email at jefferson.reynolds@deq.virginia.gov, FAX at (804) 527-5106, or
postal mail at Department of Environmental Quality,
Piedmont Regional Office (Enforcement), 4949-A Cox Road, Glen Allen, VA 23060
until July 22, 2020.
Proposed Consent Special Order for
Highway Express Inc.
The State Water Control Board
proposes to issue a consent special order to Highway Express Inc. for alleged
violation of the State Water Control Law at 25306 North James Madison Highway,
New Canton, Virginia 23123. A description of the proposed action is available
at the Department of Environmental Quality
office listed or online at www.deq.virginia.gov. Aree Reinhardt will accept comments by email at aree.reinhardt@deq.virginia.gov, FAX at (804) 527-5106, or postal mail at Department of Environmental Quality, Piedmont
Regional Office (Enforcement), 4949-A Cox Road, Glen Allen, VA 23060, from June
22, 2020, to July 23, 2020.
Proposed Enforcement Action for
Mil-Spec Abrasives LLC
An enforcement action has been
proposed for Mil-Spec Abrasives LLC 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 listed 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 June 22, 2020, to July 22, 2020.
Proposed Enforcement Action for Tri M.
Nguyen
An enforcement action is proposed for Tri M. Nguyen for
violations in Accomack County at the Anna Farm. Tri M. Nguyen withdrew
groundwater without a permit in violation of the Groundwater Management Act of
1992. A description of the proposed action is available at https://www.deq.virginia.gov/Programs/Enforcement/PublicNotices.aspx.
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 23218, from June 22, 2020, to July 22, 2020.
Proposed Enforcement Action for
Quarles Petroleum Inc.
An enforcement action has been
proposed for Quarles Petroleum Inc. for violations at the Valley Avenue Citgo
in Winchester, Virginia. The State Water Control Board proposes to issue a
consent order with penalty to Quarles Petroleum 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. Eric
Millard will accept comments by email at eric.millard@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 June 22, 2020, to July 22, 2020.
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 WATER CONTROL BOARD
Title of Regulation: 9VAC25-260. Water Quality
Standards.
Publication: 36:11 VA.R. 1255 January 20,
2020.
Correction to Notice of
Effective Date:
Page 1255, as the last sentence
in the notice, preceding the Agency Contact, add "Upon this notice of
effective date, in subdivision bb of 9VAC25-260-310, after "effective
date," insert ", January 9, 2020,"
VA.R. Doc. No. R12-2932; Filed June 4, 2020.