STATE AIR POLLUTION CONTROL BOARD
Proposed Revision to the State Air Quality Plan (Rev. D22)
Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed plan to attain and maintain the national ambient air quality standards (NAAQS). The Commonwealth intends to submit the plan as a revision to the Commonwealth of Virginia State Implementation Plan (SIP) in accordance with the requirements of § 110(a) of the federal Clean Air Act. The SIP is the plan developed by the Commonwealth 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) under the Act.
Purpose of notice: DEQ is seeking comment on the issue of whether certain regulation amendments that implement requirements for transfer of authority and requests for certain public hearings (Regulation Revision D22) should be submitted as a revision to the SIP.
Public comment period: June 5, 2023, to July 5, 2023.
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.
Public comment stage: The regulation amendments that are necessary to conform to Virginia statutory law are exempt from the standard regulatory adoption process by the provisions of § 2.2-4006 A 4 a of the Administrative Process Act (APA). The regulation amendments that are technical corrections are exempt by the provisions of § 2.2-4006 A 3 of the APA. The amendments have already been adopted and are exempt from administrative procedures for the adoption of regulations; therefore, DEQ is accepting comment only on the issue cited under "purpose of notice" and not on the content of the regulation amendments.
Description of proposal: Chapter 356 of the 2022 Acts of Assembly limits the authority of the State Air Pollution Control Board to the issuance of regulations and transfers the board's existing authority to issue permits, orders, and variances to DEQ. The regulations were amended accordingly under Regulation Revision D22; additional information is available from the Virginia Regulatory Town Hall at https://townhall.virginia.gov/L/ViewStage.cfm?stageid=9789.
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 Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104. Certain provisions not germane to the SIP and not being submitted as part of the SIP revision are identified.
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 on the last day of the comment period. All faxes must have a cover page that lists the intended recipient. All materials received are part of the public record.
To review 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 listed at the end of 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, telephone (804) 698-4000;
2) Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA, telephone (540) 676-4800;
3) Blue Ridge Regional Office, 3901 Russell Drive, Salem, VA, telephone (540) 562-6700;
4) Valley Regional Office, 4411 Early Road, Harrisonburg, VA, telephone (540) 574-7800;
5) Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA, telephone (804) 527-5020;
6) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583-3800; and
7) Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA, telephone (757) 518-2000.
See the agency contact for public comments, document requests, and additional information.
Contact Information: Karen G. Sabasteanski, Policy Analyst, Department of Environmental Quality, P.O. Box 1105, Richmond VA 23218, telephone (804) 659-1973, FAX (804) 698-4178, or email karen.sabasteanski@deq.virginia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Proposed Enforcement Action for Bluestone Farms Solar LLC
An enforcement action has been proposed for Bluestone Farm Solar LLC for violations of State Water Control Law and regulations at the Bluestone Farm Solar LLC facility located in Mecklenburg County, Virginia. The proposed order is available from the Department of Environmental Quality contact or at https://www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. The staff contact will accept written comments from June 5, 2023, to July 6, 2023.
Contact Information: Matt Richardson, Enforcement Specialist, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, or email matthew.richardson@deq.virginia.gov.
Proposed Enforcement Action for Edgehill Condominium Association
The Virginia Department of Environmental Quality (DEQ) proposes to issue a consent special order to Edgehill Condominium Association for alleged violation of the State Water Control Law at 10430 Iron Mill Road, North Chesterfield, Virginia. A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov. The agency contact will accept comments by email or postal mail from June 5, 2023, through July 5, 2023.
Contact Information: Jeff Reynolds, Regional Enforcement Manager, Department of Environmental Quality, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 720-4754, or email jefferson.reynolds@deq.virginia.gov.
Proposed Enforcement Action for Empire Services Inc.
An enforcement action has been proposed for Empire Services Inc. regarding violations of the Virginia State Water Control Law and regulations in Suffolk, 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 June 5, 2023, through July 5, 2023.
Contact Information: John Brandt, Enforcement Manager, Department of Environmental Quality, 5636 Southern Boulevard, Virginia Beach, VA 23462, FAX (804) 698-4178, or email john.brandt@deq.virginia.gov.
Proposed Enforcement Action for Ike Yoder, Buckingham County, Virginia
The Virginia Department of Environmental Quality (DEQ) proposes to issue a consent special order to Ike Yoder for alleged violation of the State Water Control Law at the property located at 7041 Crumptown Road, Buckingham County, Virginia (Latitude 37.3961, Longitude -78.5687). A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov. DEQ will accept comments by email at cara.witte@deq.virginia.gov or postal mail at DEQ, Piedmont Regional Office (Enforcement), 4949-A Cox Road, Glen Allen, VA 23060 from June 5, 2023, through July 5, 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.
Springfield Farm Solar Project Notice of Intent for Small Renewable Energy Project (Solar) - Hanover County
Springfield Farm Solar LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documents for a permit by rule for a small renewable energy project (solar) in Hanover County. Springfield Farm Solar Project will be located within the Town of Ashland, Virginia. Latitude and longitude coordinates are 37.727792, -77.515257.
The proposed project is an 80-megawatt alternating current photovoltaic ground-mounted solar facility. The facility will be constructed on approximately 938 acres of land zoned agricultural, of which only approximately 326 acres will consist of panels and fenced area. The site is located approximately at 12384 Cedar Lane Ashland, Virginia. This project will be a ground-mounted solar photovoltaic facility utilizing single-axis tracking system. There will be a six-foot security fence with a one-foot barbed wire fence that will encompass the entire solar facility. Additionally, there will be 40-foot wide security access gates to allow access to the site.
Contact Information: Susan Tripp, Renewable Energy Permit by Rule Coordinator, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, telephone (804) 664-3470, FAX (804) 698-4178, or email susan.tripp@deq.virginia.gov.
Sun Ridge Solar Project New Notice of Intent for Small Renewable Energy Project (Solar) - Rockingham County
Sun Ridge Solar LLC via Energix Renewables, under new ownership, has provided the Department of Environmental Quality a new notice of intent to submit the necessary documentation for a permit by rule (PBR) for a small renewable energy project (solar) in Rockingham County. The proposed Sun Ridge Solar Project will be located on two adjoining parcels totaling approximately 564 acres on the southern side of East Side Highway (Route 340) and east of Ore Bank Road near the community of Lynnwood. Centroid latitude and longitude coordinates are 38.306979, -78.751153. The project will have up to a rated capacity of 50 megawatts alternating current and contain approximately 380,000 photovoltaic solar panels.
Contact Information: Amber Foster, Small Renewable Energy Permit by Rule Coordinator, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, telephone (804) 774-8474, or email amber.foster@deq.virginia.gov.
VA Sinai LLC Project Notice of Intent for Small Renewable Energy Project (Solar and Storage) - Halifax County
VA Sinai LLC, a subsidiary of Cenergy, has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a hybrid renewable energy and storage facility in Halifax County. The applicant intends to develop, design, construct, and operate a 9.9-megawatt alternating current solar photovoltaic generation and five-megawatt storage facility on up to 100 acres of the project site. The VA Sinai Project will utilize approximately 24,720 units of solar photovoltaic modules and will sell the power to Dominion Energy. The project is located at 2101 River Road, directly east of the intersection of River Road and Old Grubby Road in South Boston, Virginia.
Contact Information: Amber Foster, Small Renewable Energy Permit by Rule Coordinator, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, telephone (804) 774-8474, or email amber.foster@deq.virginia.gov.
Public Meeting and Opportunity for Public Comment for a Cleanup Plan for portions of the South Fork Holston River watershed
Purpose of Notice: The Department of Environmental Quality (DEQ) seeks public comment on the development of a cleanup plan for impaired waters, also known as an implementation plan (IP), for the South Fork Holston River watershed in Washington and Smyth Counties. These streams are listed as impaired since monitoring data indicates that the waters do not meet Virginia's water quality standards for bacteria for E. coli. Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the State Water Control Law require DEQ to develop cleanup studies to address pollutants responsible for causing waters to be on Virginia's § 303(d) list of impaired waters. Once a cleanup study is developed, § 62.1-44.19:7 of the State Water Control Law outlines the requirements needed in a cleanup plan to address the pollutants contained in the study.
A cleanup plan has been completed for the South Fork Holston River watershed that identifies corrective actions needed to improve water quality and discusses the associated costs and environmental benefits of the actions. A summary of the plan will be presented at the meeting. Citizens are invited to provide comment on the plan and will learn how they can be part of implementing the plan to improve water quality in the watershed. Community engagement meetings to assist in development of this cleanup plan were convened on January 25, 2023, and April 26, 2023.
Cleanup plan location: The cleanup plan addresses the following impaired stream segments: Slemp Creek in Smyth County downstream to its confluence with the South Fork Holston River (3.85 miles); Cressy Creek, south of Sugar Grove to the South Fork Holston confluence (1.63 miles); Bishop Branch from south of Riverside to the South Fork Holston River confluence (0.48 stream miles); Saint Clair Creek south of St. Clair Bottom to the South Fork Holston confluence (3.68 miles); Grosses Creek, southeast of Loves Mill from its headwaters downstream to its confluence with the South Fork Holston River (4.01 miles); South Fork Holston River from the headwaters downstream to Rush Creek confluence (42.24 miles); Whitetop Laurel Creek from Little Laurel Creek confluence to the Green Cove confluence (3.8 miles); Whitetop Laurel Creek from Straight Branch confluence to Laurel Creek confluence (3.19 miles); Laurel Creek from South Fork Holston River confluence upstream to state line near Iron Mountain (6.09 miles); and Beaverdam Creek mainstem from the Tennessee state line, upstream to its confluence with South Fork Holston River in Damascus (2.01 miles).
Public Meeting: Damascus Public Library, 310 Water Street, Damascus, VA 24236 on June 22, 2023, at 6 p.m. In the event of inclement weather, the meeting will be held on June 23, 2023, at 4 p.m. at the DEQ Southwest Regional Office, 355-A Deadmore Street, Abingdon, Virginia.
Public comment period: June 22, 2023, to July 24, 2023.
How to comment: DEQ accepts comments orally at the public meeting, by email, fax, or postal mail. All comments must be received by DEQ during the comment period. Submittals must include the name, organization represented (if any), mailing addresses, and telephone numbers of the commenter or requester.
Contact the agency contact for public comments, document requests, and additional information. The public may review the cleanup plan at https://www.deq.virginia.gov/water/water-quality/implementation/implementation-plans-under-development.
Contact Information: Stephanie Kreps, Department of Environmental Quality, Southwest Regional Office, 355A Deadmore Street, Abingdon, VA 24210, telephone (276) 608-8811, FAX (804) 698-4178, or email stephanie.kreps@deq.virginia.gov.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Draft Mental Health Services Provider Manual Chapters IV and VI and Appendix H Available for Review and Comment
The draft Mental Health Services Provider Manual Chapters IV and VI and Appendix H are now available on the Department of Medical Assistance Services website at https://www.dmas.virginia.gov/for-providers/general-information/medicaid-provider-manual-drafts/ for public comment until June 10, 2023.
Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-0552, FAX (804) 786-1680, or email meredith.lee@dmas.virginia.gov.
Draft Provider Manual Supplement "Brain Injury Services Case Management" Available for Review and Comment
The draft provider manual supplement "Brain Injury Services Case Management" is now available on the Department of Medical Assistance Services website at https://www.dmas.virginia.gov/for-providers/general-information/medicaid-provider-manual-drafts/ for public comment until June 16, 2023.
Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-0552, FAX (804) 786-1680, or email meredith.lee@dmas.virginia.gov.
Draft Residential Treatment Services Provider Manual Chapter VI Available for Review and Comment
The draft Residential Treatment Services Provider Manual Chapter VI is now available on the Department of Medical Assistance Services website at https://www.dmas.virginia.gov/for-providers/general-information/medicaid-provider-manual-drafts/ for public comment until June 11, 2023.
Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-0552, FAX (804) 786-1680, or email meredith.lee@dmas.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.