DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Enforcement Action for Stone Craft LLC

The Department of Environmental Quality (DEQ) is proposing an enforcement action for Stone Craft LLC for violations of State Water Control Law and regulations in Chesterfield County. The proposed order is available from the DEQ contact or at https://www.deq.virginia.gov/ permits/public-notices/enforcement-orders. The DEQ contact will accept written comments by email or postal mail from March 11, 2024, through April 10, 2024.

Contact Information: Matt Richardson, Enforcement Specialist, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, Virginia 23060, telephone (804) 659-2696, or email matthew.richardson@deq.virginia.gov.

STATE BOARD OF HEALTH

Announcing Drinking Water Infrastructure Funding Opportunities: Drinking Water State Revolving Funds

The Virginia Department of Health (VDH) is pleased to announce several opportunities for funding drinking water infrastructure. All applications may be submitted year-round, however, VDH will conduct one round of evaluations submitted by the deadlines described in this notice. Applications postmarked or received after the due date will be considered for funding in the following round. Funding is possible through the Drinking Water State Revolving Fund (DWSRF) Program, the Bipartisan Infrastructure Law (BIL), and the Water Supply Assistance Grant Fund (WSAG) Program (if funds are available).

The fiscal year 2025 (FY 2025) DWSRF Intended Use Plan (IUP) will use stakeholder input for decisionmaking. The BIL funds are broken into three different categories: DWSRF Supplemental, which has all the same eligibilities that the base DWSRF Program has; DWSRF Lead Service Line, which is explained in item 4 of this notice; and DWSRF Emerging Contaminants, which is focused on perfluoroalkyl and polyfluoroalkyl substances (PFAS), but also includes the contaminants listed in the Draft Fifth Contaminant Candidate List (CCL 5).

1. Public comments and set-aside suggestions invited (Submission deadline May 3, 2024). To identify ways to improve the program, VDH seeks meaningful input from the public, the waterworks industry, or any other interested party. Anyone may make comments or recommendations to support or revise the program. Anyone can suggest new or continuing set-aside (nonconstruction) activities. Set-aside funds help VDH assist waterworks owners prepare for future drinking water challenges and ensure the sustainability of safe drinking water.

2. Construction, consolidation, and refinance fund requests (BIL and DWSRF Application deadline May 3, 2024). Owners of community waterworks and nonprofit non-community waterworks are eligible to apply for construction funds. VDH makes selections based on criteria described in the DWSRF Program Design Manual, such as existing public health problems, noncompliance, affordability, regionalization, and the availability of matching funds. VDH anticipates a funding level of approximately $40 million for BIL funding and $25 million in DWSRF funding. The funds can be used with the DWSRF Base Program, BIL Supplemental, and BIL Emerging Contaminants

3. 1452(k) source water protection initiatives (Application deadline May 3, 2024). Loan funds are available to (i) community and nonprofit non-community waterworks to acquire land or conservation easements, and (ii) community waterworks, only to establish local voluntary incentive-based protection measures.

4. Lead service line (LSL) replacement program 1 (BIL Application construction deadline is May 3, 2024). LSL Replacement Program 2 (Final BIL Application Inventory Only deadline is March 29, 2024). The LSL program includes pipe entry into the structure (up to shutoff valve) but excludes the premise plumbing. Up to $250,000 is available annually as principal forgiveness (disadvantaged communities only) for LSL inventory building until investigative LSL work is complete. Inventory only applications will be accepted on a case-by-case basis. Continued inventory development is still eligible but must be combined with replacement work. VDH anticipates a funding level of approximately $48 million under BIL for larger infrastructure work.

5. Planning and design funds (Accepted year-round). Owners of community waterworks and nonprofit non-community waterworks with projects serving populations of 10,000 or fewer are eligible to apply for planning and design funds. Waterworks may submit up to three applications per funding cycle, however only two per waterworks owner may be selected for funding. The maximum award per application is $45,000 as a grant. Projects that address conditions at a waterworks that do not comply with the Waterworks Regulations or Operation Permit and result in acute health risks receive the highest priority for funding, followed by noncompliance and chronic health risks, then noncompliance and broader public health concerns.

VDH’s DWSRF Program Design Manual describes the features of these described opportunities for funding. After receiving public input, VDH will develop an IUP for public review and comment. The IUP will describe specific details for use of the funds. A public comment period is planned and written comments will be accepted before submittal of a final version to the U.S. Environmental Protection Agency for approval.

Applications, set-aside suggestion forms, program design manuals, and information materials are available at https://www.vdh.virginia.gov/drinking-water/fcap/drinking-water-funding-program/.

Please direct questions, comments, and information to Kelly Ward, Financial and Construction Assistance Programs Director, telephone (804) 864-7500 or postal mail VDH – ODW, 109 Governor Street, 6th Floor, Richmond, VA 23219.

Contact Information: Dwayne Roadcap, Director, Office of Drinking Water, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 338-0371, or email dwayne.roadcap@vdh.virginia.gov.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North Ninth Street, Fourth 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.