DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

2020 Annual Report on the Agricultural Stewardship Act

The Commissioner of Agriculture and Consumer Services announces the availability of the annual report on the Agricultural Stewardship Act for the program year April 1, 2019, through March 31, 2020. Copies of this report can be obtained by contacting Katherine Coates at telephone (804) 786-3538 or via email at katherine.coates@vdacs.virginia.gov. The report can also be obtained by accessing the Virginia Department of Agriculture and Consumer Services website at http://www.vdacs.virginia.gov/conservation-and-environmental-agricultural-stewardship.shtml. A written request may be sent to Virginia Department of Agriculture and Consumer Services, Office of Policy, Planning, and Research, P.O. Box 1163, Richmond, VA 23218. Copies of the report are available without charge.

STATE AIR POLLUTION CONTROL BOARD

Air State Implementation Revision - Proposed 2017 Base Year Inventory for
Precursors to the Pollutant Ozone

Notice of action: 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 (NO_X), 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.

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: September 14, 2020, through October 14, 2020. This comment period is in addition to the previously conducted public comment periods of April 27, 2020, through May 27, 2020, and June 22, 2020, through July 22, 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, 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/2020/08/12/washington-dc-md-va-2015-ozone-naaqs-nonattainment-area-base-year-2017-emissions-inventory-updated-august-12-2020-air-quality-air-quality-conformity-ozone/.

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 the recipient's full mailing address as listed must be part of each fax. Comments must be submitted to the contact person listed. 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 listed. 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, (804) 698-4249, FAX (804) 698-4178, or email doris.mcleod@deq.virginia.gov.

STATE CORPORATION COMMISSION

Bureau of Insurance

August 19, 2020

Administrative Letter 2020-06

TO: All Property & Casualty Insurers Licensed to Write Motor Vehicle Insurance on Motor Vehicles

RE: Property Damage Liability Claims Involving Clean-Up, Removal of Vehicles and Debris from Roadways and Property Adjacent to Roadways

The purpose of this administrative letter is to remind insurers licensed to write motor vehicle policies on vehicles principally garaged or used or are issued or delivered in the Commonwealth of their duties with respect to at-fault accidents. The at-fault insurer is responsible for payment of the reasonable costs of clean-up, recovery, and certain towing expenses under the terms of the property damage liability coverage of the motor vehicle policy that requires coverage for "all damages the insured is legally obligated to pay."

If the investigation of the claim indicates that the insured is responsible for the accident, then the insurer of the at-fault vehicle is required to pay under the vehicle's property damage liability coverage the reasonable costs of: (1) removing debris from the roadway, including liquids and other material, (2) removing the at-fault and not-at-fault vehicles from a roadway or from property adjacent to a roadway, and (3) towing not-at-fault vehicles away from the scene of the accident. The cost of removing vehicle accident debris and the cost of removing the at-fault or not-at-fault vehicles from a roadway or from property adjacent to a roadway after an accident are sometimes referred to as "clean up and recovery costs." The at-fault driver is responsible for the clean-up of the roadway and the recovery of vehicles involved in the accident on the roadway and adjacent to the roadway.

These clean-up and recovery costs must also be paid in any claim involving a single- vehicle accident if the driver of the vehicle is at-fault for the accident.

The Bureau of Insurance has received complaints from towing companies that have made claims with the at-fault insurers seeking payment for clean-up and recovery costs, Insurers have denied these third-party claims for many reasons. For example, insurers have refused to pay these costs because (i) the insured's policy does not have towing coverage; (ii) the towing and recovery company does not have a contract with the state or local government; and (iii) they do not have to pay claims from towing and recovery operators. None of these reasons are adequate justification for denial of these claims.

This administrative letter does not require an insurer to pay for the cost of towing the at- fault vehicle away from the scene of the accident unless that vehicle’s policy includes the relevant physical damage coverage.

The Bureau also reminds insurers that if the insurer declines to pay all or any part of a claim for clean-up, recovery, and towing, the insurer is required to issue to the claimant (the insured or a third-party claimant) a written denial letter that includes a reasonable explanation for the denial of all or part of the claim, as required by 14VAC5-400-70 A of the Administrative Code. The Rules Governing Unfair Claims Settlement Practices defines third party claimant as "any person asserting a claim against an insured or a provider filing a claim on behalf of an insured under an insurance policy." See 14VAC5-400-20 of the Virginia Administrative Code. This definition includes towing companies that respond to an accident at the request of state or local authorities for clean-up, recovery, and towing services.

The Bureau notes that each claim must be reviewed and evaluated on its merits. Please direct any questions regarding this administrative letter to Joy Morton, Bureau of Insurance Manager, P&C Market Conduct Section, Bureau of Insurance, telephone (804) 371-9540, (cell) (804) 396-8380, or email joy.morton@scc.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Special Order for Brahma Inc.

The State Water Control Board proposes to issue a consent special order to Brahma Inc. for alleged violation of the State Water Control Law at 2300 Genito Road, Powhatan, Virginia 23139. 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 or postal mail at Department of Environmental Quality, Piedmont Regional Office (Enforcement), 4949-A Cox Road, Glen Allen, VA 23060, from September 14, 2020, to October 15, 2020.

Proposed Enforcement Action for David Cross

An enforcement action has been proposed for David Cross for violations of the State Water Control Law in York County, 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 September 14, 2020, to October 14, 2020.

Proposed Enforcement Action for
Christopher and Veronica Drew

An enforcement action has been proposed for Christopher and Veronica Drew for violations of the State Water Control Law in Hampton, 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 September 14, 2020, to October 14, 2020.

Proposed Consent Special Order for
JMB Investment Company LLC

An enforcement action has been proposed for JMB Investment Company LLC for violations in Scott County, Carroll County, Wythe County, and Nottoway County, Virginia. The State Water Control Board proposes to issue a special order by consent to JMB Investment Company LLC 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 listed or online at www.deq.virginia.gov. Kristen Sadtler will accept comments by email at kristen.sadtler@deq.virginia.gov, or postal mail at Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, from September 14, 2020, to October 14, 2020.

Proposed Consent Order for Lopez Trucking II LLC

An enforcement action has been proposed for Lopez Trucking II LLC for violations of the State Water Control Law and regulations at the Lopez Trucking II LLC facility located in Lorton, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Lopez Trucking II LLC 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 September 14, 2020, through October 14, 2020.

Proposed Consent Special Order for
San-J International Inc.

The State Water Control Board proposes to issue a consent special order to San-J International Inc. for alleged violation of the State Water Control Law at 2880 Sprouse Drive, Henrico, Virginia 23231. 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 or postal mail at Department of Environmental Quality, Piedmont Regional Office (Enforcement), 4949-A Cox Road, Glen Allen, VA 23060, from September 14, 2020, to October 15, 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.