Vol. 34 Iss. 1 - September 04, 2017


State Implementation Plan Proposed Revision - Very Fine Particulate Matter

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed revision to the Commonwealth of Virginia State Implementation Plan (SIP). The SIP is a plan developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act. The Commonwealth intends to submit the regulation amendments to EPA as a revision to the SIP in accordance with the requirements of § 110(a) of the federal Clean Air Act.

Regulations affected: The regulations of the board affected by this action are as follows: (i) 9VAC5-30, Ambient Air Quality Standards; (ii) Article 9 (Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the Ozone Transport Region) of 9VAC5-80, Permits for Stationary Sources; and (iii) 9VAC5-160, Regulation for General Conformity.

Purpose of notice: DEQ is seeking comment on the issue of whether the regulation amendments should be submitted as a revision to the SIP.

Public comment period: September 4, 2017, to October 4, 2017.

Public hearing: A public hearing may 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 are exempt from the state administrative procedures for adoption of regulations contained in Article 2 of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) by the provisions of § 2.2-4006 A 4 c of the Administrative Process Act because they are necessary to meet the requirements of the federal Clean Air Act and do not differ materially from the pertinent EPA regulations. Since the amendments are exempt from administrative procedures for the adoption of regulations, DEQ is accepting comment only on the issue cited above under "purpose of notice" and not on the content of the regulation amendments.

Description of proposal: The proposed revision will consist of amendments to existing regulation provisions concerning the national ambient air quality standard (NAAQS) for very fine particulate matter (PM2.5) based on the August 24, 2016, (81 FR 58010) EPA rule that addresses a range of nonattainment area SIP requirements for the 2012 PM2.5 NAAQS. The major provisions of the proposal are as follows: (i) the 1997 PM2.5 ambient air quality standard is revoked; (ii) the applicability section of Rule 8-9 is amended to indicate that different pollutants are not summed to determine applicability of a major stationary source or major modification; (iii) the definition of "regulated NSR pollutant" in Rule 8-9 is amended to specify precursors of PM2.5; (iv) the definition of "significant" in Rule 8-9 is amended to specify precursors of PM2.5; and (v) the applicability section of the Regulation for General Conformity is amended to specify PM2.5 precursors in the list of emissions applicability rates.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law. Except as noted below, 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. 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 by the last day of the comment period. All comments, exhibits and documents received are part of the public record.

To review regulation documents: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website at The documents may also be obtained by contacting the DEQ representative named below. 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, 8th Floor, 629 East Main Street, Richmond, VA, telephone (804) 698-4070,

2) Southwest Regional Office, 355 Deadmore Street, Abingdon, VA, telephone (276) 676-4800,

3) Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, 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.

Contact Information: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, or email


Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Environmental Quality is conducting a periodic review and small business impact review of 9VAC15-30, Regulations for the Certification of Recycling Machinery and Equipment for Local Tax Exemption Purposes. The review of this regulation will be guided by the principles in Executive Order 17 (2014).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins September 4, 2017, and ends September 26, 2017.

Comments may be submitted online to the Virginia Regulatory Town Hall at Comments may also be sent to Melissa Porterfield, Office of Regulatory Affairs, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.


Nursing Facility Manual (Chapter V and Appendix F) Draft for Stakeholder Input

Public comment period: August 15, 2017, to September 15, 2017.

The draft versions of Chapter V and Appendix F of the Nursing Facility manual are posted on the DMAS website for public comment through September 15, 2017. View the drafts at

The finalized versions of Chapter V and Appendix F of the Nursing Facility manual will be officially posted by September 22, 2017, at

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, TDD (800) 343-0634, or email


Commercial Activities List - Public Comments and Recommendations

Pursuant to § 2.2-1501.1 of the Code of Virginia, the Virginia Department of Planning and Budget (DPB) has updated the Commercial Activities List (CAL). The CAL is posted on the DPB website under Documents, Instructions and Publications as "Commercial Activities List - 2017" and is also included as an attachment to this notice.

DPB is seeking written comments on the CAL and invites recommendations from the public regarding activities being performed by state agencies that might better be performed by the private sector. The public comment period will begin September 4, 2017, and end September 18, 2017. Please include "CAL" in the subject of the email.

Contact Information: Cari Corr, Virginia Department of Planning and Budget, 1111 East Broad Street, Richmond, VA 23219, telephone (804) 225-4549, or email

Virginia Commercial Activities List for
FY 2016 and FY 2017


NIGP title


Automation; Controls; Instrumentation - Architectural Services


Historical Preservation


Elevator Installation, Maintenance and Repair


Construction, General (Backfill Services, Digging, Ditching, Road Grading, Rock Stabilization, etc.)


Maintenance and Repair, Tennis/Sport Court


Construction, Communication Equipment (Includes Antenna Towers)


Construction and Upgrades, Wastewater Treatment Plant


Construction, Water System/Plants, Main and Service Line






Advertising, Outdoor Billboard, etc.


Administrative Consulting


Advertising Consulting


Architectural Consulting


Buildings, Structures and Components Consulting


Construction Consulting


Management Consulting


Medical Consulting


Personnel/Employment Consulting (Human Resources)


Roofing Consultant


Data Processing, Computer, Programming, and Software Services


Data Preparation and Processing Services (Including Bates Coding)


Intelligent Transportation System Software (To Include Design, Development, and Maintenance Services)


Networking Services (Including Installation, Security, and Maintenance)


Processing System Services, Data (Not Otherwise Classified)


Programming Services, Computer


Course Development Services, Instructional/Training


Educational Services, Alternative


Special Education




Engineering Services, Professional


Water Supply, Treatment, and Distribution/Engineering


Water Pollution Services


Buses, School and Mass Transit, Maintenance and Repair


Scientific Equipment Maintenance and Repair


HVAC Systems Maintenance and Repair, Power Plant




Financial Services (Not Otherwise Classified)


Fund Raising Services


Harvesting Services, Forest


Administration Services, Health


Dental Services


Health Physics Services


Psychologists/Psychological and Psychiatric Services (Including Behavioral Management Services)


Day Care (Adult)


Food Stamps/Coupons


Housekeeping Services


Research and Evaluation, Human Services (Including Productivity Audits)


Support Services


Business Research Services


Library Services (Not Otherwise Classified)


Construction Management Services


Financial Management Services


Industrial Management Services


Personnel Management Services


Dam and Levee Construction, Maintenance, Management and Repair


Ship Maintenance and Repair


Towing Services, Marine


Business Plan Development Services


Commissioning of Facilities Services (Functional and Prefunctional)


Claims Processing Services


Economic Impact Studies


Employment Agency and Search Firm Services (Including Background Investigations and Drug Testing for Employment)


Theatrical Services (Including Production, Scenery Design, Stage, etc.)


Non-Professional Services (Not Otherwise Classified)


Interior Design/Decorator Services


Mapping Services (Including Cartography and Surveying Services, Not Aerial)(See 920-33 for Digitized Mapping Services) and 905-10 for Aerial Mapping and Survey Services)


Personnel Services, Temporary


Intergovernmental/Inter-Agency Contracts


Computer Hardware and Software Manufacturing Services


Inspection Services, Construction Type


Traffic Sign Maintenance and Repair


Lighting Services for Parks, Athletic Fields, Parking Lots, etc.


Disaster Preparedness/Emergency Planning Services


Installation of Security and Alarm Equipment


Patrol Services


Sanitizing and Disinfecting Services, Security, Fire, Safety and Emergency


Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Water Control Board conducted a small business impact review of 9VAC25-640, Aboveground Storage Tank and Pipeline Facility Financial Responsibility Requirements, and determined that this regulation should be retained in its current form. The State Water Control Board is publishing its report of findings dated June 21, 2017, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The current regulation continues to be needed. The regulation is structured to minimize the impact on the regulated community, including those that are small businesses, while protecting human health and the environment. The regulation requires financial assurance to be provided based on the amount of petroleum that is being stored. Multiple different types of financial mechanisms have been included in the regulation to provide the regulated community with flexibility concerning how they demonstrate financial assurance. The wordings of the financial mechanisms are included in the regulation and are to be used by the regulated community. This assists with reducing the regulatory burden on the regulated community.

This regulation does not duplicate or conflict with federal or state law. The Facility and Aboveground Storage Tank (AST) Regulation (9VAC25-91) is a companion regulation to this regulation. The Facility and Aboveground Storage Tank (AST) Regulation contains the technical standards for aboveground storage tanks while this regulation address the financial assurance requirements for aboveground storage tanks and pipeline facilities.

No comments were received during the public comment period.

The regulation was last amended in 2013 to include an additional financial mechanism in the regulation. The financial assurance mechanisms included in the regulation continue to be available to the regulated community from financial institutions.

The agency recommends retaining this regulation with minor changes that will be made as part of a separate regulatory action. During this review, 9VAC25-640-30 was identified as needing to be revised to be consistent with the exclusions found in the Facility and Aboveground Storage Tank (AST) Regulations (9VAC25-91). Additionally, 9VAC25-640-250 was identified as obsolete and no longer needed. These changes will not impact small businesses.

The regulation continues to meet the objective of protecting the public from expenses related to containment and cleanup necessitated by accidental releases arising from the operation of petroleum ASTs and pipeline facilities. All owners including small business owners are allowed to select from multiple financial assurance mechanisms to demonstrate financial assurance. This provides the regulated community with flexibility concerning compliance with the financial assurance requirements.

Contact Information: Melissa Porterfield, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4019, or email

Proposed Consent Order for the Cumberland Plateau Regional Housing Authority

An enforcement action has been proposed for the Cumberland Plateau Regional Housing Authority for violations at the Hurley Heights 1 (Lots A, 1 and 2) Sewage Treatment Plant in Buchanan County, Virginia. The proposed consent order contains a civil charge and a schedule of compliance to address the violations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at Ralph T. Hilt will accept comments by email at, FAX at (276) 676-4899, or postal mail at Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, from September 5, 2017, through October 4, 2017.


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:

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

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

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.