GENERAL NOTICES
Vol. 41 Iss. 15 - March 10, 2025

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Enforcement Action for the Carroll County Public Service Authority

The Virginia Department of Environmental Quality (DEQ) is proposing an amended enforcement action for the Carroll County Public Service Authority for violations of the State Water Control Law and regulations at the I-77 Exit 1 wastewater treatment plant in Carroll County. 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 comments by email or postal mail from March 10, 2025, through April 9, 2025.

Contact Information: Jonathan Chapman, Enforcement Specialist, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, or email jonathan.chapman@deq.virginia.gov.

Proposed Enforcement Action for North Garden Ventures LLC

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for North Garden Ventures LLC for violations of the State Water Control Law and regulations at North Garden Plaza in Albemarle County. 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 comments by email or postal mail from March 10, 2025, through April 9, 2025.

Contact Information: Jonathan Chapman, Enforcement Specialist, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, or email jonathan.chapman@deq.virginia.gov.

Public Hearing and Public Comment Opportunity for Regional Haze Plan

Notice of action: The Department of Environmental Quality (DEQ) is seeking comments and announcing a public hearing on a proposed plan to improve visibility impairment in Federal Class I areas. Federal Class I areas are defined in the Clean Air Act (42 USC § 7401 et seq.) as national parks over 6,000 acres and wilderness areas and memorial parks over 5,000 acres established as of 1977. Virginia is home to two such areas, the Shenandoah National Park and the James River Face Wilderness Area. If adopted, 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) and 169A of the Clean Air Act. The SIP is the plan developed by the Commonwealth to fulfill its responsibilities under the Clean Air Act regarding visibility improvement in Federal Class I areas.

Purpose of notice: DEQ is seeking comments on the overall plan and on the issue of whether the plan will enable the Commonwealth to meet reasonable progress goals by 2028 at the Shenandoah National Park and the James River Face Wilderness Area.

Public comment period: March 10, 2025, to April 9, 2025.

Public hearing: A public hearing will be conducted at the DEQ Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153 at 1:00 p.m. on April 4, 2025.

Description of proposal: Virginia is required to demonstrate reasonable progress toward meeting the national goal of a return to natural visibility conditions by 2064 for each Class I Federal area within the state and for Class I Federal areas located outside the state that may be affected by emissions from sources within the state. The plan establishes baseline visibility conditions for 2000 to 2004, natural background visibility conditions in 2064, and the rate of uniform progress (glidepath) between baseline and background conditions. The plan establishes reasonable progress goals (RPGs), which provide for reasonable progress toward achieving natural visibility conditions, provide for improvement in visibility for the most impaired days over the period of the implementation plan, and ensure no degradation in visibility for the least impaired days over the same period.

In order to ensure that visibility goals are properly set and met, the regional haze SIP includes determinations for each Class I area of the baseline visibility conditions for the most impaired and least impaired days. The SIP also contains supporting documentation for all required analyses used to calculate the degree of visibility impairment for the most impaired and least impaired days. In addition, the plan includes a monitoring strategy for measuring, characterizing, and reporting of regional haze visibility impairment that is representative of all Class I areas within the state.

This set of RPGs must be met through measures contained in the state's long-term strategy covering the period from the present until 2028. The long-term strategy includes enforceable emissions limitations, compliance schedules, and other measures as necessary to achieve the RPGs, including all controls required or expected under all federal and state regulations by 2028. During development of the long-term strategy, the Commonwealth considered specific factors, such as the ongoing control programs, measures to mitigate construction activities, source retirement and replacement schedules, smoke management programs for agriculture and forestry, and enforceability of specific measures.

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) and 169A 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.

Consultation with federal land managers (FLMs): As provided in 40 CFR 51.308(i), the FLMs were given the opportunity to comment on the proposed plan on September 3, 2024. FLM comments on all documents and responses to these comments may be found in Appendix G and Appendix H of the proposed plan.

How to comment: DEQ accepts written comments by 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 by 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 testimony, exhibits, and documents received are part of the public record. This proposed plan is being concurrently reviewed by the Environmental Protection Agency.

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/public-notices/air. The documents may also be obtained by contacting the DEQ representative listed at the end of this notice. The public may schedule an appointment to review the documents between 8:30 a.m. and 4:30 p.m. 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;

2. Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA, telephone (540) 676-4800;

3. Blue Ridge Regional Office, 901 Russell Drive, Salem, 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: 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.

FORENSIC SCIENCE BOARD

Approval of Field Tests for the Detection of Drugs

In accordance with 6VAC40-30, Regulations for the Approval of Field Tests for Detection of Drugs, and under the authority of the Code of Virginia, the Department of Forensic Science recently approved the following presumptive mobile instrument for the detection of drugs:

908 DEVICES

645 SUMMER STREET

BOSTON, MA 02210

MX908 Handheld Mass Spectrometer

This approval is limited to use of the Trace Module in Drug Hunter mode and to the compounds within the mobile instrument's library. This presumptive mobile instrument is approved in addition to another mobile instrument and chemical field tests, both previously published in the General Notices section of the Virginia Register of Regulations: 39:15 VA.R. 2073 March 13, 2023 and 39:12 VA.R. 1519-1523 January 30, 2023, respectively.

Contact Information: Amy Jenkins, Department Counsel, Department of Forensic Science, 700 North Fifth Street, Richmond, VA 23219, telephone (804) 786-6848, FAX (804) 786-6857, or email amy.jenkins@dfs.virginia.gov.

DEPARTMENT OF GENERAL SERVICES

Request for Comments on Revision to Fees for Drinking Water Laboratory Certification

Purpose of notice and background information: The Division of Consolidated Laboratory Services (DCLS) is seeking comment on the revision to fees charged for certifying drinking water laboratories under 1VAC30-41-270.

1VAC30-41-270 I 2 requires DCLS to increase or decrease annually the fees charged for certifying drinking water laboratories using the Consumer Price Index-Urban percentage change, average-average for the previous calendar year published by the U.S. Bureau of Labor Statistics in January. The percentage change, average-average for 2024 is an additional 2.9%. See the table labeled "Historical Consumer Price Index for All Urban Consumers (CPI-U): U.S. city average, all items, by month" at https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-202412.pdf. The revised fees are exempt from the requirements of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). The Budget of the Commonwealth of Virginia in Part I, Item 68 C 3 a of Chapter 2 of the 2024 Acts of Assembly, Special Session I, requires DCLS to provide notice and an opportunity to submit written comments on the revised fees.

The notice of fees for May 1, 2025, through April 30, 2026, will be published on the DCLS drinking water laboratory certification webpage after consideration of submitted comments.

Public comment period: March 10, 2025, through April 9, 2025.

How to comment: DCLS 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 DCLS by the last day of the comment period. All materials received are part of the public record. Email comments should be sent to kimberly.freiberger@dgs.virginia.gov. The number for faxed comments is (804) 371-8305. Written comments should be sent to Kimberly Freiberger, Regulatory Coordinator, Department of General Services, Attn: DCLS DW Fee Comments, 1100 Bank Street, Suite 420, Richmond, VA 23219.

Notice of Fees for May 1, 2025, through April 30, 2026.

DCLS requests comments on the following revised fees.

TESTING CATEGORY

FEE ($)

Microbiological testing

1 - 2 methods

808

3 - 5 methods

942

6+ methods

1076

Inorganic chemistry, nonmetals testing

1 - 2 methods

874

3 - 5 methods

1141

6 - 8 methods

1413

9+ methods

1679

Inorganic chemistry, metals testing

1 - 2 methods

1343

3 - 5 methods

1613

6+ methods

1879

Organic chemistry

1 - 2 methods

1413

3 - 5 methods

1679

6 - 8 methods

1949

9+ methods

2219

Radiochemistry

1 - 2 methods

1479

3 - 5 methods

1747

6+ methods

2016

Asbestos

1 - 2 methods

1209

3 - 5 methods

1479

6+ methods

1747

How fees are calculated: DCLS calculates a laboratory's total fee by adding the fees for the number of test methods in each category in the fee table for which the laboratory is certified or applies to be certified. Contact lab_cert@dgs.virginia.gov for more information about the fee category for a specific method.

Additional fees apply when a laboratory:

1. Applies for modification of certification under 1VAC30-41-110.

2. Is moving its location when the move requires DCLS to perform an onsite assessment.

3. Requests reinstatement of certification when DCLS requires an onsite assessment.

Hourly review fee and calculation of total fee: The fee to be charged is the sum of the total hourly charges for all reviewers plus any onsite assessment costs incurred. The hourly charge per reviewer is $82. The charge per reviewer is determined by multiplying the number of hours expended in the review by $82.

Onsite review and travel expenses: If an onsite review is required, travel time and onsite review time will be charged at the same hourly rate of $82 and any travel expenses will be added.

When to pay: Payment is due when the initial application is processed or annually thereafter upon receipt of the invoice from DCLS. Annual billing precedes the expiration of the current certificate.

How to pay: Fees may be paid by check or credit card via an electronic payment portal provided by DCLS, or other payment arrangements may be made by contacting lab_cert@dgs.virginia.gov. All payments are made after an invoice is issued by DCLS in accordance with instructions on the invoice or in accordance with special arrangements made by contacting DCLS.

Contact Information: Kimberly Freiberger, Policy Planning Specialist III, Department of General Services, 1100 Bank Street, Suite 420, Richmond, VA 23219, telephone (804) 786-3311, or email kimberly.freiberger@dgs.virginia.gov.