DEPARTMENT OF ENVIRONMENTAL QUALITY
Proposed Enforcement Action for Empire Services
The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for Empire Services for violations of State Water Control Law and regulations at Empire Recycling in Norfolk, Virginia, and P-Town Recycling in Portsmouth, Virginia. The proposed order is available from the DEQ contact listed or at https://www.deq.virginia.gov/permits/public-notices/enforcement-actions. The DEQ contact will accept written comments from April 21, 2025, to May 21, 2025.
Contact Information: John Brandt, Enforcement Manager, Department of Environmental Quality, 5636 Southern Boulevard, Virginia Beach, VA 23462, or email john.brandt@deq.virginia.gov.
Proposed Enforcement Action for SWVA Biochar LLC
The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for SWVA Biochar LLC at the Floyd Biochar Site for violations of the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulations in Floyd, Virginia. The proposed order is available from the DEQ contact listed or online at https://www.deq.virginia.gov/permits/public-notices/enforcement-actions. The DEQ contact will accept comments by email or postal mail from April 21, 2025, through May 21, 2025.
Contact Information: Michael Puckett, Department of Environmental Quality, Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, telephone (540) 577-6719, or email michael.puckett@deq.virginia.gov.
Public Hearing and Public Comment Opportunity for Air Quality Plan and Environmental Permit
Notice of action: The Department of Environmental Quality (DEQ) is seeking comments and announcing a public hearing on a proposed plan to improve sulfur dioxide (SO2) air quality in the Giles County partial 2010 SO2 National Ambient Air Quality Standards (NAAQS) nonattainment area. This proposed plan includes a proposed permit for the Lhoist North America Kimballton Plant located in Giles County, Virginia. If adopted, the Commonwealth intends to submit the plan and permit as a revision to the Commonwealth of Virginia State Implementation Plan (SIP) in accordance with the federal Clean Air Act (42 USC § 7401 et seq.). The SIP is the plan developed by the Commonwealth to fulfill its responsibilities under the 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 overall plan, including the proposed permit, and on the issue of whether the plan and permit will enable the Giles County partial 2010 SO2 NAAQS nonattainment area to comply with and maintain compliance with the 2010 SO2 NAAQS.
Public comment period: March 27, 2025, to May 22, 2025.
Public hearing: An informational briefing will be conducted at the DEQ Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153 at 1 p.m. on May 16, 2025. A public hearing will be conducted immediately following the informational briefing and will commence no later than 2 p.m. on May 16, 2025, at the same location.
Description of proposal: Virginia is required to demonstrate in the proposed plan how the Giles County partial 2010 SO2 NAAQS nonattainment area will attain the 2010 SO2 NAAQS no later than April 30, 2026. The plan provides the following required elements:
2017 base year SO2 emissions inventory for the area, 2026 attainment year SO2 emissions inventory for the area, control strategies for compliance with the 2010 SO2 NAAQS, air quality modeling analyses supporting the facility limitations in the proposed permit for the Lhoist North America Kimballton Plant, the proposed permit and supporting documentation limiting the emissions of SO2 from the Lhoist North America Kimballton Plant, and a description of the SO2 air quality monitoring network.
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 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 hand delivery, email, 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. 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 comments, exhibits, and documents received are part of the public record. This proposed plan is being concurrently reviewed by EPA.
To review proposal: The proposed plan, the proposed permit, and supporting documents are available on the DEQ website at https://www.deq.virginia.gov/permits/public-notices/air. 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 23218, telephone (804) 698-4000; and
2. Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, telephone (540) 562-6700.
Contact Information: Doris A. McLeod, Air Quality Planner, Air Planning Programs, Department of Environmental Quality, 1111 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1990, or email doris.mcleod@deq.virginia.gov.
Public Meeting and Opportunity for Public Comment for a Cleanup Study of Deep Run, Dover Creek, and Upham Brook Watersheds in Henrico County, Goochland County, and the City of Richmond
Purpose of Notice: The Department of Environmental Quality (DEQ) seeks public comment on the development of a cleanup study, also known as a total maximum daily load (TMDL) report, for Deep Run, Dover Creek, and Upham Brook Watersheds in Henrico County, Goochland County, and the City of Richmond. These streams are listed as impaired because monitoring data indicate that the waters do not meet Virginia's water quality standards for aquatic life (benthics). Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop cleanup studies to address pollutants responsible for causing waters to be on Virginia's § 303(d) list of impaired waters. A component of a cleanup study is the wasteload allocation (WLA); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Code of Virginia for adoption of the WLA into the Water Quality Management Planning Regulation (9VAC25-720) after completion of the study. The adoption of the WLA may require new or additional requirements for entities holding a Virginia Pollutant Discharge Elimination System (VPDES) permit in these watersheds.
A study has been completed for Deep Run, Dover Creek, and Upham Brook Watersheds to identify pollutant sources and recommend reductions needed from the sources to meet water quality standards. At the meeting, DEQ will present the results of the study and provide an overview of the draft report. Citizens are invited to provide comment on the study.
Cleanup Study Location: The cleanup study addresses the following impaired stream segments:
The Upham Brook stream segment, located in Henrico County and the City of Richmond, is 12.15 miles long and begins at the headwaters and continues to the confluence with the Chickahominy River.
The North Run stream segment, located in Henrico County, is 7.90 miles long and begins at the headwaters and continues to the confluence with the Upham Brook.
The Jordans Branch stream segment, located in Henrico County and the City of Richmond, is 2.19 miles long and begins at the headwaters and continues to the confluence with Upham Brook.
The Deep Run stream segment, located in Henrico County, is 4.16 miles long and begins at the headwaters and continues to the pond at river mile 1.47.
The Stony Run stream segment, located in Henrico County, is 2.36 miles long and begins at the headwaters to the extent of backwater at the pond and continues from the dam of the pond downstream to the mouth at Deep Run.
The Stony Run UT stream segment, located in Henrico County, is 1.27 miles long and begins at the headwaters and continues to the mouth at Stony Run.
The Dover Creek stream segment, located in Goochland County, is 4.76 miles long and begins at the headwaters and continues to the upstream limit of Dover Lake.
TMDL Community Engagement Meetings: TMDL community engagement meetings to assist in development of this cleanup study were convened on June 10, 2023; February 29, 2024; and February 21, 2025.
Public Meeting: The final public meeting on the development of the cleanup study will be held at the Department of Environmental Quality, Piedmont Regional Office, Training Room, 4949-A Cox Road, Glen Allen, VA 23060, on May 8, 2025, at 5:30 p.m. In the event of inclement weather, the meeting will be held on May 12, 2025, at the same time and location.
Public Comment Period: May 8, 2025, to June 9, 2025.
How to Comment: DEQ accepts written comments by email or postal mail. All comments must be received by DEQ during the comment period. Submittals must include the name, organization represented (if any), mailing address, and telephone number of the commenter or requester.
The public may review the cleanup study at https://www.deq.virginia.gov/our-programs/water/water-quality/tmdl-development/tmdls-under-development.
Contact Information: Denise Moyer, TMDL Coordinator, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 712-9538, or email denise.moyer@deq.virginia.gov.
Public Meeting and Opportunity for Public Comment for a Cleanup Plan for North Fork Rivanna River Watershed in Albemarle and Greene County
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 North Fork Rivanna River watershed in Albemarle and Greene County. These streams are listed as impaired because monitoring data indicates that the waters do not meet Virginia's water quality standards for bacteria and aquatic life (benthic). Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia requires 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 Code of Virginia outlines the requirements needed in a cleanup plan to address the pollutants contained in the study.
A cleanup plan has been completed for the North Fork Rivanna 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 to 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 December 13, 2023, and September 24, 2024.
Cleanup Plan Location: The cleanup plan addresses the following impaired stream segments: Blue Run from the headwaters downstream to its confluence with Swift Run (8.72 miles) for failure to meet the general standard for aquatic life (benthic); Marsh Run from the headwaters downstream to its confluence with the North Fork Rivanna River (3.65 miles) for failure to support aquatic life; Preddy Creek from the headwaters downstream to its confluence with the North Fork Rivanna River (7.48 miles) for failing to support aquatic life and for exceedance in E. coli; Preddy Creek North Branch from the headwaters downstream to its confluence with Preddy Creek (6.24 miles) for failing to support aquatic life and for exceedance in E. coli; Quarter Creek for 1.58 miles of its length from the dam outfall at Jonquil Road downstream to its confluence with Swift Run for failing to support aquatic life; the North Fork Rivanna River for a total length of 7.33 miles from the confluence of the Lynch River downstream to the Rivanna Water and Sewer Authority North Fork Rivanna River Public Water Intake for failing to meet aquatic life use; the North Fork Rivanna River for 3.98 miles from the public water intake to the confluence of the Rivanna River for an exceedance in E. coli; Standardsville Run and its tributaries from the headwaters downstream to the confluence with Blue Run (5.71 miles) for failure to meet standards for aquatic life; Swift Run for 1.91 miles from its confluence with Welsh Run downstream to its confluence with the North Fork Rivanna River for failing to support aquatic life and for exceedance in E. coli; and the unnamed tributary to Flat Branch from its headwaters downstream to its confluence with Flat Branch (2.03 miles) for failing to support aquatic life.
Public Meeting: Greene County Public Library, 222 Main Street, Suite 101, Stanardsville, VA 22973 on May 5, 2025, at 5:30 p.m. In the event of inclement weather, the meeting will be held on May 12, 2025, at the same time and location.
Public Comment Period: May 5, 2025, to June 4, 2025.
How to Comment: DEQ accepts written comments by email or postal mail. All comments must be received by DEQ during the comment period. Submittals must include the name, organization represented (if any), mailing address, and telephone number of the commenter or requester.
Information about this plan will be posted throughout the development process at https://www.deq.virginia.gov/our-programs/water/water-quality/implementation/implementation-plans-under-development.
Contact Information: Madison Whitehurst, Department of Environmental Quality, Central Office, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 489-8796, or email madison.whitehurst@deq.virginia.gov.
STATE BOARD OF HEALTH
Opportunity for Drinking Water Infrastructure Funding: State Revolving Fund Supplemental Appropriation
The Virginia Department of Health (VDH) is pleased to announce a new opportunity for funding drinking water infrastructure. VDH will conduct one round of evaluations of applications submitted by the May 2, 2025, deadline. Funding is possible through the 2025 State Revolving Fund Supplemental Appropriation for Hurricanes Helene and Milton and the Hawai’i Wildfires (SA-HMW).
The fiscal year 2025 (FY 2025) Drinking Water State Revolving Funds (DWSRF) Intended Use Plan (IUP) will use stakeholder input for decision-making and include this SA-HMW funding.
Construction Fund Requests: Owners of community waterworks and nonprofit non-community waterworks with documented impacts from Hurricanes Helene or Milton are eligible to apply for construction funds. Eligible projects must reduce flood or fire damage risk and vulnerability or enhance resiliency to rapid hydrologic change or natural disaster. Further examples of eligible projects are available at https://www.vdh.virginia.gov/drinking-water/fcap/drinking-water-funding-program/. 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 $23 million for SA-HMW funding.
The VDH's DWSRF Program Design Manual describes the features of the above 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 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 Anthony Hess, Division Director, Finance and Construction Assistance Program, telephone (804) 584-0413, or email anthony.hess@vdh.virginia.gov or to Theresa Hewlett, Virginia Department of Health, Office of Drinking Water, 109 Governor Street, Sixth Floor, Richmond, VA 23219.
Contact Information: Michael Capps, Senior Policy Analyst, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7190, FAX (804) 864-7022, or email michael.capps@vdh.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.