STATE AIR POLLUTION CONTROL BOARD

Public Comment Opportunity for Air Quality Plan

Notice of action: The Department of Environmental Quality (DEQ) is seeking comments and announcing a public comment period on a proposed second maintenance plan for the Fredericksburg 1997 ozone National Ambient Air Quality Standard (NAAQS) maintenance area. The plan shows that emission reductions of nitrogen oxides (NO_X) and volatile organic compounds (VOC) in the area will continue such that air quality is expected to further improve. The Commonwealth intends to submit the plan 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 NAAQS promulgated by the U.S. Environmental Protection Agency (EPA).

Purpose of notice: DEQ is seeking comments on the maintenance plan for the Fredericksburg 1997 ozone maintenance area, which consists of the Counties of Stafford and Spotsylvania and the City of Fredericksburg.

Public comment period: March 27, 2023, to April 26, 2023.

Public hearing: A public hearing will be conducted if a request is made in writing to the contact listed in 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 the following:

1. An air quality maintenance plan for the Fredericksburg 1997 ozone maintenance area consisting of the Counties of Stafford and Spotsylvania and the City of Fredericksburg.

2. A comprehensive attainment year inventory of actual emissions from all sources of relevant ozone precursor pollutants (NO_X and VOC) for the year 2014.

3. Air quality data from 2001 to 2021 showing that the area is attaining the 1997 ozone NAAQS with a significant margin of safety.

4. Contingency measures in the unlikely situation where air quality monitors within the area record an exceedance of the 1997 ozone NAAQS.

5. Assurance that the Commonwealth will continue to operate an ozone monitoring network in accordance with 40 CFR Part 58 within the area.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). The proposal will be submitted as a revision to the Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to the Commonwealth of Virginia SIP.

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 in this notice must be part of each fax. DEQ prefers that comments be provided in writing, along with any supporting documents or exhibits. Comments must be submitted to Doris A. McLeod, Air Quality Planner, Department of Environmental Quality, 22nd Floor, 1111 East Main Street, P.O. Box 1105, Richmond, VA 23219, telephone (804) 659-1990, FAX (804) 698-4178, email doris.mcleod@deq.virginia.gov. 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 website at https://www.deq.virginia.gov/permits-regulations/public-notices/air. The documents may also be obtained by contacting the DEQ representative provided in this notice. 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 23219, telephone (804) 659-1990, and

2) Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3800.

Contact Information: Doris McLeod, Air Quality Planner, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, telephone (804) 659-1900, FAX (804) 698-4178.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Enforcement Action for Town of Elkton

An enforcement action has been proposed for the Town of Elkton for the Elkton sewage treatment plant. Department of Environmental Quality (DEQ) proposes to issue an amendment with injunctive relief to Elkton to address upgrade requirements at the plant. A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov from March 27, 2023, to April 25, 2023.

Contact Information: Celeste Horton, Regional Enforcement Specialist Senior, Department of Environmental Quality, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, FAX (804) 698-4178, or email celeste.horton@deq.virginia.gov.

Proposed Enforcement Action for Energix EPC US LLC, Caden Energix Axton LLC, Caden Energix Pamplin LLC, and Caden Energix Rives Road LLC

An enforcement action has been proposed for Energix EPC US LLC, Caden Energix Axton LLC, Caden Energix Pamplin LLC, and Caden Energix Rives Road LLC for violations of State Water Control Law and regulations at multiple solar facilities in Appomattox, Buckingham, Henry, King William, Prince George, and Wythe Counties in Virginia. The proposed order is available from the Department of Environmental Quality (DEQ) contact or at https://www.deq.virginia. gov/permits-regulations/public-notices/enforcement-orders. The DEQ contact will accept written comments from March 27, 2023, to April 26, 2023.

Contact Information: Kristen Sadtler, Enforcement Coordinator, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, telephone 804-664-3864, or email kristen.sadtler@deq.virginia.gov.

Proposed Consent Special Order for Joseph Kauffman - Buckingham County

The Virginia Department of Environmental Quality (DEQ) proposes to issue a consent special order to Joseph Kauffman for alleged violation of the State Water Control Law at the property located at 2968 Buckingham Springs Road (Parcel 188-1-3), Dillwyn, Virginia (Latitude 37.4140, Longitude -78.4925). A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov. The staff contact will accept comments from March 27, 2023, to April 26, 2023.

Contact Information: Cara Witte, Enforcement Specialist, Department of Environmental Quality, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 712-4192, or email cara.witte@deq.virginia.gov.

Proposed Consent Order for RMS Holding LLC

An enforcement action has been proposed for RMS Holding LLC for the Rockbridge Rivermont School wastewater treatment facility. Department of Environmental Quality (DEQ) proposes to issue a consent order with penalty and injunctive relief to RMS Holding to address noncompliance with State Water Control Law. A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov from March 27, 2023, to April 25, 2023.

Contact Information: Celeste Horton, Regional Enforcement Specialist Senior, Department of Environmental Quality, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, FAX (804) 698-4178, or email celeste.horton@deq.virginia.gov.

Public Comment Opportunity for Environmental Variance - Loudoun County

Notice of action: The Department of Environmental Quality (DEQ) is considering the issuance of an order granting a local variance for data centers located in Loudoun County. A variance is an exception to a general rule. This notice is given in accordance with the requirements of § 10.1-1307 A and C of the Code of Virginia. A previous version of this variance received notice, comment, and a public hearing on February 27, 2023. The proposed variance is being revised based on the comments that DEQ received.

Regulations affected: The primary regulation affected by this action is 9VAC5-80-1110 C (at the definition of "emergency").

Purpose of notice: DEQ is seeking comments on the proposed variance.

Public comment period: The original notice called for a comment period from January 26, 2023, through March 14, 2023. This notice extends the comment period through April 21, 2023.

Public hearing: A public hearing was previously conducted on February 27, 2023. A new public hearing will be conducted, at 11 a.m. on April 6, 2023, at the Department of Environmental Quality, Northern Regional Office, Conference Room, 13901 Crown Court, Woodbridge VA.

Description of proposal: Data center operation relies on the use of large amounts of electricity from the grid. DEQ is concerned that Loudoun County is an area in which there may not be a sufficient amount of electricity for data centers due to severe, localized constraints in electricity transmission. A transmission constraint issue exists in the area that may affect the ability to provide enough electricity to data centers through 2025. In particular, the period between March and July 2023 has been identified as a time of potentially acute stress on the transmission capacity of the grid.

This proposed order and local variance would provide data centers located in Loudoun County a measure of relief from existing regulations and permit provisions that limit the use of Tier II and Tier IV emergency generators to periods of a Pennsylvania-New Jersey-Maryland Interconnection (PJM) declared emergency. This order proposes to allow such Tier II and Tier IV generators to operate during periods that PJM has initiated a "Maximum Generation Emergency/Load Management Alert" for the area under procedures established in Section 2.3 of the PJM Manual 13: Emergency Operations Revision 86, November 3, 2022. This order also proposes to allow such Tier II and Tier IV generators to operate during periods that PJM has declared a "Post Contingency Local Load Relief Warning" for Loudoun County under procedures established in Section 5.4 of PJM Manual 13. A "Maximum Generation Emergency/Load Management Alert" is called by PJM in anticipation of an imminent emergency but does not itself constitute a declaration of emergency under PJM's Manual 13. Likewise, a "Post Contingency Local Load Relief Warning" does not constitute a declared emergency by PJM either. The order would authorize onsite generators for the data centers to operate during times that fall short of a PJM declared emergency but when transmission constraints and strain on the electric grid nevertheless would be acute, thereby allowing the data centers to continue to serve their customers, maintain the integrity of the Internet, and alleviate demand on the electric grid during periods of stress. This order is being issued as a precautionary and redundant measure in the event that transmission constraints have a negative impact in the area.

Data centers would be required under the order and local variance to notify the department when the data centers are operating a Tier II or Tier IV emergency generator under the order's provisions and to calculate the air pollution emitted by each generator during those times. The proposed variance would not relieve data centers of any federal Environmental Protection Agency (EPA) environmental regulations or requirements, and each data center would still be subject to the annual emissions limits contained in their permits.

This order and variance would expire by July 31, 2023.

Locality affected: Loudoun County, Virginia. The department estimates that there are approximately 4,021 diesel-fueled Tier II generators and 130 Tier IV generators located at data centers in Loudoun County. In accordance with § 10.1-1307.01 A 1 of the Code of Virginia, the likely potential pollutants from a generator could include nitrogen oxides (NO_X), particulate matter (PM₁₀ and PM_2.5), carbon monoxide (CO), volatile organic compounds (VOCs), and sulfur dioxide (SO₂). The exact number and duration of events that may occur before the end of July 2023 triggering the variance cannot be predicted. If PJM does issue a Maximum Generation Emergency/Load Management Alert or a Post Contingency Local Load Relief Warning, DEQ anticipates it will be for a localized area within the proposed locality and not the whole area; therefore it is not expected that all data centers will need to operate their onsite generators. Further, many of the generators at a data center are redundant and not all would be expected to operate. Accordingly, the number of data centers and the number of generators affected will be much smaller than the total. Since data centers seldom have needed to use their onsite generators for emergency purposes, this action is a purely precautionary measure to prevent an emergency that affects wider areas. DEQ does not anticipate that any data center will need to use this variance.

History indicates that those PJM events are rare, averaging approximately 24 hours per year over the past five years (2018 through 2022). The following table sets forth the estimated hourly average emission rates for a single generator located at data centers in Loudoun County.

* The EPA tier standards combine NOx with non-methane hydrocarbons (NMHCs). NMHCs are subset of VOCs and presented above as the estimates were derived from the tier standards.

**PM₁₀/PM_2.5 are calculated using the PM value from Tier II standards with the addition of condensables from AP-42 3.4-5.

The hourly emissions rates for a Tier IV generator is typically lower than the emissions rate of a Tier II generator when the pollution controls are fully employed, but due to the limited use in the affected area, the estimates provided are conservatively based on the Tier II emissions standards with the exception of SO₂. SO₂ estimates are based on the average fuel throughput and a sulfur content of 0.0015% by weight. A single typical Tier II generator consumes approximately 174 gallons of diesel fuel per hour of operation.

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 the last day of the comment period. Both oral and written comments are accepted at the public hearing. DEQ prefers that comments be provided in writing, along with any supporting documents or exhibits. All materials received are part of the public record.

To review documents: The proposal is available on the DEQ Air Public Notices website at https://www.deq.virginia. gov/permits-regulations/public-notices/air. The documents may also be obtained by contacting the DEQ representative named in this notice. The public may 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, Suite 1400, 1111 East Main Street, Richmond, VA, telephone (804) 698-4000, and

2) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583-3800.

Contact agency staff for public comments, document requests, and additional information.

Contact Information: Karen G. Sabasteanski, Office of Air Data Analysis and Planning, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1973, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Public Comment Opportunity - Draft Eligibility Manual

Draft Eligibility Manual Transmittal #DMAS-27, which outlines updates being considered for the Medical Assistance Eligibility Manual, is available at https://www.dmas.virginia.gov/for-applicants/eligibility-guidance/transmittals/. Comments must be submitted by March 31, 2023.

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.

Public Comment Opportunity for Renewal Applications - Family and Individual Supports and Building Independence Waivers

The Department of Medical Assistance Services (DMAS) welcomes public comment regarding the submission of the renewal applications of the Family and Individual Supports and Building Independence 1915(c) Home and Community-Based Services Waivers to the U.S. Centers for Medicare and Medicaid Services.

Public comment deadline: March 29, 2023.

The 1915(c) HCBS Waiver renewal application can be accessed at https://www.dmas.virginia.gov/for-providers/long-term-care/waivers/.

DMAS is required to submit a renewal application every five years for the continuation of home and community-based services.

Instructions for public comment submissions: Comments may be posted on the Virginia Regulatory Town Hall at https://townhall.virginia.gov/ or sent to ddwaiver@dmas.virginia.gov. Please include "Public Comment" in the title of the email. Comments may be sent within the body of an email or submitted as a Microsoft Word document.

Commenters can also submit comments via postal mail to Jason Perkins, Program Manager/Waiver Operations, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219.

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.

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.