GENERAL NOTICES
Vol. 39 Iss. 22 - June 19, 2023

STATE AIR POLLUTION CONTROL BOARD

Public Comment Opportunity on a Proposed Revision to the State Air Quality Plan

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).

Purpose of notice: DEQ is seeking comment on the issue of whether a particular regulation amendment, which adds a new nonattainment area to the regulation listing nonattainment areas (Regulation Revision F22), should be submitted as a revision to the SIP.

Public comment period: June 19, 2023, through July 19, 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.

Public comment stage: The regulation amendment is exempt from the state administrative procedures for adoption of regulations by the provisions of § 2.2-4006 A 4 c of the Administrative Process Act because it is necessary to meet the requirements of the federal Clean Air Act and does not differ materially from the pertinent EPA regulations. The amendment has already been adopted and is 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 amendment.

Description of proposal: On March 26, 2021 (86 FR 16055), EPA promulgated air quality designations for the 2010 primary sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS). EPA has determined that a portion of Giles County, Virginia is not meeting the SO2 NAAQS and has designated it as a nonattainment area at 40 CFR 81.347. In order to implement the standard, Virginia's list of nonattainment areas (9VAC5-20-204) was updated accordingly under Regulation Revision F22; more information is available from the Virginia Regulatory Town Hall at https://townhall.virginia.gov/L/ViewStage.cfm?stageid=9857.

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.

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 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, telephone (804) 698-4000; and

2) Blue Ridge Regional Office, 3901 Russell Drive, Salem, VA, telephone (540) 562-6700.

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

Contact Information: Karen Sabasteanski, 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 C&D Tree Service Inc.

An enforcement action has been proposed for C&D Tree Service Inc. for violations of State Water Control Law, regulations, and the applicable permit at the C&D Tree Service facility located in Great Falls, Virginia. The proposed consent order is available from the Department of Environmental Quality (DEQ) contact or at www.deq.virginia.gov/permits-regulations/public-notices. The DEQ contact will accept written comments from June 20, 2023, through July 20, 2023.

Contact Information: Katherine Mann, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email katherine.mann@deq.virgnia.gov.

Proposed Enforcement Action for Daniels Construction Corp.

An enforcement action has been proposed for Daniels Construction Corp for violations of 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/permitsregulations/public-notices/enforcement-orders. The DEQ contact will accept written comments from June 19, 2023, through July 19, 2023.

Contact Information: John Brandt, 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 Dragados USA Inc.

An enforcement action has been proposed for Dragados USA Inc. for violations of State Water Control Law and regulations at the Parallel Thimble Shoals Tunnel located in Virginia Beach, 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 19, 2023, through July 19, 2023.

Contact Information: Russell Deppe, Enforcement Specialist, Department of Environmental Quality, 5636 Southern Boulevard, Virginia Beach, VA 23462, FAX (804) 698-4178, or email russell.deppe@deq.virginia.gov.

Proposed Enforcement Action for Dragados USA Inc. DBA Chesapeake Tunnel Joint Venture

An enforcement action has been proposed for Dragados USA Inc. DBA Chesapeake Tunnel Joint Venture for violations of State Water Control Law and regulations at the Parallel Thimble Shoals Tunnel located in Virginia Beach, 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 19, 2023, through July 19, 2023.

Contact Information: Russell Deppe, Enforcement Specialist, Department of Environmental Quality, 5636 Southern Boulevard, Virginia Beach, VA 23462, FAX (804) 698-4178, or email russell.deppe@deq.virginia.gov.

Proposed Enforcement Action for Foss Recycling of Virginia LLC

An enforcement action has been proposed for Foss Recycling of Virginia LLC for violations of State Water Control Law and regulations at the Foss Recycling Facility located in Chesapeake, 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 19, 2023, through July 19, 2023.

Contact Information: Russell Deppe, Enforcement Specialist, Department of Environmental Quality, 5636 Southern Boulevard, Virginia Beach, VA 23462, FAX (804) 698-4178, or email russell.deppe@deq.virginia.gov.

Proposed Enforcement Action for Greenlight Investment LLC

An enforcement action has been proposed for Greenlight Investment LLC for violations of State Water Control Law and regulations at the Old Cox Road Spoils Site 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 19, 2023, to July 20, 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 Noble Development of Virginia Corp.

An enforcement action has been proposed for Noble Development of Virginia Corp. for violations of State Water Control Law and regulations at 10920 Braxton Avenue, Henrico County, Virginia. The proposed order is available from the Department of Environment Quality contact or at https://www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. The staff contact will accept written comments from June 19, 2023, to July 20, 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 Prince William County

An enforcement action has been proposed for Prince William County for violations of State Water Control Law, regulations, and the applicable permit at the Prince William County Western District Police Station, Manassas, Virginia. The proposed consent order is available from the Department of Environmental Quality contact or at www.deq.virginia.gov/permits-regulations/public-notices. The DEQ contact will accept written comments from June 19, 2023, through July 19, 2023.

Contact Information: Holly Shupe, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email holly.shupe@deq.virgnia.gov.

Proposed Enforcement Action for Smith-Midland Corporation

An enforcement action has been proposed for Smith-Midland Corporation for violations of State Water Control Law, regulations, and the applicable permits at the Smith-Midland facility located in Midland, Virginia. The proposed consent order is available from the Department of Environment Quality (DEQ) contact or at https://www.deq.virginia.gov/permits-regulations/public-notices. The DEQ contact will accept written comments from June 20, 2023, through July 20, 2023.

Contact Information: Jim Datko, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email james.datko@deq.virginia.gov.

Proposed Enforcement Action for Soil Solutions Group LLC

An enforcement action has been proposed for Soil Solutions Group LLC for violations of State Water Control Law and regulations at the Soil Solutions Group facility located in Powhatan County, Virginia. The proposed order is available from the Department of Environment Quality contact or at https://www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. The staff contact will accept written comments from June 19, 2023, through July 20, 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 Walbridge Aldinger LLC

An enforcement action has been proposed for Walbridge Aldinger LLC for violations of State Water Control Law and regulations at the LVL Data Center 08 located in Mecklenburg County, Virginia. The proposed order is available from the Department of Environment Quality contact or at https://www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. The staff contact will accept written comments from June 19, 2023, through July 20, 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.

Partridge Creek Solar LLC Notice of Intent for Small Renewable Energy Project (Solar) - Amherst County

Partridge Creek Solar LLC via Sun Tribe Development 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 Amherst County, Virginia. The proposed Partridge Creek Solar Project will be located on one 141-acre parcel with a project area estimated at 90 acres.

The parcel is accessible by Izaak Walton Road and lies east of North Coolwell Road, west of U.S. Route 29, and is intersected by Partridge Creek. The project centroid latitude and longitude coordinates are 37.512041, -79.072216. The proposed project has a rated capacity of 10 megawatts alternating current and will contain approximately 33,780 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.

HCE Waterloo Solar LLC Update to Notice of Intent for Small Renewable Energy Project (Solar) - Prince William County

HCE Waterloo 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 Prince William County, Virginia. Formerly known as Logmill Solar, the project name has been changed to Waterloo Solar; the project number, RE0000229, will remain unchanged. The proposed project is located near the intersection of Logmill Road and U.S. Route 15 with the latitude and longitude coordinates 38.904379, -77.640188.

The project is located on approximately 234 acres and will have a maximum capacity of 20 megawatts alternating current. The array will utilize approximately 47,300 solar modules mounted to a single-axis tracking system and will interconnect to the local distribution network. The project developer is Holocene Clean Energy.

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.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Draft Virginia Medical Assistance Eligibility Manual Transmittal Available for Public Review and Comment

Draft Transmittal #DMAS-28 is available at https://www.dmas.virginia.gov/media/5861/tn-dmas-28-7-01-2023.pdf. Comments must be submitted by June 24, 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.

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.