Vol. 34 Iss. 12 - February 05, 2018


Air State Implementation Plan Revision

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 regulation of the board affected by this action is Part I, NOX Budget Trading Program, 9VAC5-140 (Regulation for Emissions Trading Programs).

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: February 5, 2018, to March 7, 2018.

Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed below. 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 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 transport of nitrogen oxides (NOX) across state lines, which contributes to the formation of ozone, was first addressed by EPA's NOX Budget Trading Program as implemented via the NOX State Implementation Plan (SIP) Call. This program controlled NOX emissions primarily from electric generating units (EGUs) as well as certain types of non-EGUs. In turn, the State Air Pollution Control Board implemented these federal requirements under its own NOX SIP Call Rule (Part I of 9VAC5-140). Subsequently, EPA's NOX SIP Call Rule was superseded by the Clean Air Interstate Rule (CAIR), which was in turn superseded by the Cross-State Air Pollution Rule (CSAPR). Although the state is now subject to CSAPR, and both the NOX SIP Call Rule (with respect to EGUs) and CAIR are no longer in effect, non-EGUs cannot be brought into the Transport Rule trading programs, and the NOX SIP Call regulations applicable to non-EGUs must be retained. The purpose of this action is to remove unnecessary federal requirements while retaining those requirements needed to control emissions from non-EGUs. This will ensure that Virginia is properly meeting federal requirements for the control of NOX.

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. 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 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, 1111 East Main Street, Suite 1400, 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, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, (804) 698-4423, FAX (804) 698-4319, or email


TPE Pamplin2 Small Renewable Energy Project (Solar) Permit by Rule - Prince Edward County

TPE Pamplin2 Solar, an entity owned by TurningPoint Energy (the client), 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 Pamplin, Prince Edward County, Virginia, pursuant to Virginia regulation. The site comprises approximately 309 acres of land (site) and is located off Good Hope Road in Pamplin, Prince Edward County. According to client provided details and the Prince Edward County GIS website, the site is comprised of two parcels (Prince Edward County Parcel ID #'s 043 A 36 and 044 A 83) that consist of cleared and undeveloped wooded land. The proposed project is anticipated to be an approximately 15.6-megawatt alternating current solar power plant and will include photovoltaic panels and supporting steel frames.

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4319, 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 Health is conducting a periodic review and small business impact review of 12VAC5-20, Regulations for the Conduct of Human Research. 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 February 5, 2018, and ends February 26, 2018.

Comments may be submitted online to the Virginia Regulatory Town Hall at Comments may also be sent to Janice Hicks, Policy Planning Specialist, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7686, FAX (804) 864-7652, 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.


January 2018 - Drinking Water State Revolving Funds Deadlines

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 for requests submitted by the deadline. Applications postmarked or received after the due date will be considered for funding in the following round. Funding is made possible by the Drinking Water State Revolving Fund (DWSRF) Program and the Water Supply Assistance Grant Fund (WSAG) Program (if funds are available). The Fiscal Year 2019 DWSRF Intended Use Plan will be developed using public input on these issues.

(1) Public Comments and Set-Aside Suggestions Invited (Submission deadline April 1, 2018):

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 has the opportunity to suggest new or continuing set-aside (nonconstruction) activities. Set-aside funds help VDH assist waterworks owners prepare for future drinking water challenges and assure the sustainability of safe drinking water.

(2) Construction and Refinance Fund Requests (Application deadline April 1, 2018):

Owners of community waterworks and nonprofit noncommunity 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, the availability of matching funds. VDH anticipates a funding level of $25 million.

(3) 1452(k) Source Water Protection Initiatives (Application deadline April 1, 2018):

Loan funds are available to (1) community and nonprofit noncommunity waterworks to acquire land or conservation easements and (2) community waterworks, only to establish local voluntary incentive-based protection measures.

(4) Lead Service Line (LSL) Replacement Program (Application deadline April 1, 2018):

In an effort to accelerate the removal of lead in drinking water, the DWSRF Program has made funding available for the complete removal of the public or private portion of the LSLs. In conjunction with other available funds this program intends to provide up to $5000 as grant funds (of which up to $500 may be eligible as an administrative fee) for each service line replaced on the homeowners side of the meter. The LSL includes pipe entry into the structure (up to and including a shut-off valve) but excludes the premise plumbing.

(5) Planning and Design Awards (Applications received and reviewed for award year-round.):

Private and public owners of community and nonprofit noncommunity waterworks are eligible to apply for funds, which can be up to $50,000 per project, for small, financially stressed waterworks serving fewer than 10,000 persons. Eligible projects may include preliminary engineering planning, design of plans and specifications, performance of source water quality and quantity studies, drilling test wells to determine source feasibility, or other similar technical assistance projects. These funds are to assist waterworks' owners with future applications to construction funding agencies.

The VDH's DWSRF Program Design Manual describes the features of the above opportunities for funding. After receiving public input, VDH will develop an Intended Use Plan (IUP) for public review and comment. When developed, the IUP will describe specific details for use of the funds. A public meeting 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 on the VDH website at This information can also be obtained from Steven Pellei, PE, FCAP Director, by telephone (804) 864-7500, FAX (804) 864-7521, or postal mail Virginia Department of Health, Office of Drinking Water, 109 Governor Street, 6th Floor, Richmond, VA 23219. Comments can be directed to Mr. Pellei.

Announcing Drinking Water Construction Funding Workshops

VDH will offer funding informational meetings via webcast. At least one workshop will be recorded for future play back. The webcast is tentatively scheduled for February 20, 2018. Please check the VDH website at

Material will focus on drinking water construction funding available through VDH. The Drinking Water State Revolving Loan Fund Program will be discussed.

Viewers will be advised on program updates and then guided through program criteria, program applications, and the project scheduling steps needed for smooth project implementation.


Durable Medical Equipment Provider Manual (Appendix B) Draft for Stakeholder Input

Comment period: January 11, 2018, through February 10, 2018.

The draft versions of Appendix B of the Durable Medical Equipment (DME) and Supplies Provider Manual are posted on the DMAS website at for public comment through February 10, 2018.

Overview of Changes: Changes have been made to multiple sections of the Appendix B; please refer to each section of the Appendix B for changes to that section. All changes are noted in bold with effective dates noted at the bottom of each appendix. The changes are effective for dates of service on or after January 1, 2018.

The DME Appendices will be finalized and officially posted by February 15, 2018, 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


Proposed Consent Special Order for E.T. Gresham Company Inc.

An enforcement action has been proposed for E.T. Gresham Company Inc. for violations at Building 0841 located on Camp Peary in York County, Virginia. The State Water Control Board proposes to issue a special order by consent to E.T. Gresham Company Inc. to address noncompliance with the State Water Control Law and regulations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at Kristen Sadtler will accept comments by email at, FAX at (804) 698-4277, or postal mail at Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, from February 5, 2018, to March 7, 2018.

Announcement of a Rescheduled Public Meeting and Notice of Public Comment for a Water Quality Study (TMDL) for the Rudee Inlet Watershed

Public meeting: A rescheduled final public meeting will be held Tuesday, February 6, 2018, at 6 p.m. at the Department of Environmental Quality, Tidewater Regional Office, located at 5636 Southern Boulevard, Virginia Beach, VA 23462. The original meeting was scheduled for January 10, 2018, but after inclement weather, was postponed. This meeting will be open to the public and all are welcome to participate. In the case of inclement weather, an alternate meeting will occur on Wednesday, February 7, 2018, at 6 p.m. at the same location. For more information, please contact Rachel Hamm at telephone (757) 518-2024 or email

Purpose of meeting: The Department of Environmental Quality (DEQ) and its contractors, the Virginia Institute of Marine Science, have developed a draft water quality report on the bacteria impairments in the Rudee Inlet watershed located in Virginia Beach, Virginia. A public meeting will be held to introduce the local community to the total maximum daily loads (TMDLs) for bacteria and gather public comment on the draft report. A public comment period on the draft TMDL report will occur January 11, 2018 until February 19, 2018.

Description of study: Portions of the Rudee Inlet watershed including Lake Rudee, Lake Wesley, and Owl Creek were identified in Virginia's 2014 Water Quality Assessment and Integrated Report as impaired due to violations of the state's water quality standards for Enterococci and fecal coliform and do not support the designated uses of "primary contact (recreational or swimming)" and "shellfishing." Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report. Reductions and TMDLs for the causes of the impairments have been developed and are available for community review in the TMDL report located online at the following link:

How to comment and participate: The meetings of the TMDL process are open to the public, and all interested parties are welcome. Written comments will be accepted through February 19, 2018, and should include the name, address, and telephone number of the person submitting the comments. For more information or to submit written comments, please contact Rachel Hamm, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, telephone (757) 518-2024, FAX (757) 518-2009, or email

Public Meeting and 30-day Public Comment Period on a Draft Total Maximum Daily Load Implementation Plan

The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons in a total maximum daily load (TMDL) implementation plan for the Powell River watershed in Lee and Wise Counties. There are 10 different impaired stream segments in this area, including Butcher Fork, South Fork Powell River, North Fork Powell River, and Powell River. All segments are listed as impaired on Virginia's § 303(d) TMDL Priority List and Report due to violations of the state's water quality standard for bacteria and aquatic life. A complete list of the Powell River and tributary impairment segments, listing years, river miles, and locations can be found at

The implementation plan (IP) will provide measurable goals, corrective actions needed, and associated costs, benefits, and environmental impacts. The draft IP can be found on the DEQ website under "Draft TMDL Implementation Plans":

DEQ completed bacteria and benthic TMDL for the Powell River and tributaries in 2011. The TMDL was approved by the Environmental Protection Agency in March of 2011 and is available on the DEQ website at

DEQ will host two public meetings to present the draft TMDL implementation plan for the Powell River because of the large geographic size of the watershed. One meeting will be held on Tuesday, February 6, 2018, from 6 p.m. to 8 p.m. at the Pennington Gap Community Center, 41670 West Morgan Avenue, Pennington Gap, VA 24277. The other meeting will be held Thursday, February 8, 2018, from 6 p.m. to 8 p.m. at the Big Stone Gap Visitor Center, 306 Wood Avenue East, Big Stone Gap, VA 24219. In the event of inclement weather, please call the number below to confirm postponement of the meeting.

A 30-day public comment period for the meetings will begin February 6, 2018, and end March 6, 2018. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Stephanie Kreps, Southwest Regional Office, Department of Environmental Quality, 355A Deadmore Street, Abingdon, VA 24210, telephone (276) 676-4803, or emailed to


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.


























Title of Regulation: 22VAC40-73. Standards for Licensed Assisted Living Facilities.

Publication: 34:6 VA.R. 645-705 November 13, 2017

Correction to Final Regulation:

Page 668, 22VAC40-73-310, subdivision H 3, line 3, after "Virginia" change "except" to "or"

VA.R. Doc. No. R12-3227; Filed January 29, 2018