8 General Notices/Errata

GENERAL NOTICES/ERRATA

Vol. 32 Iss. 20 - May 30, 2016

DEPARTMENT OF ENVIRONMENTAL QUALITY

SolUnesco LLC Notice of Intent - Small Renewable Energy Project (Solar) - Mecklenburg County

SolUnesco LLC, has provided a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) west of Chase City, Virginia, pursuant to 9VAC15-60. SolUnesco and One Energy Renewables are developing a 76.8 megawatts DC, 60 megawatts AC (243,751 320W panels) solar farm located west of Chase City in Mecklenburg County, Virginia. The system will be a ground-mounted array covering five parcels of about 517 acres and will have an assumed point of interconnection near the Black Branch Substation.

Contact Information: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Turning Point Energy Notice of Intent - Small Renewable Energy Project (Solar) - Pittsylvania County

Terracon Consultants, Inc., on behalf of Turning Point Energy, has provided a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Danville, Pittsylvania County, Virginia, pursuant to 9VAC15-60. The project will be located on an approximately 76.58-acre site (Pittsylvania County PIN #2440-70-0130) located at 2048 Kentuck Church Road in Danville, Pittsylvania County, Virginia. The project will consist of approximately 25,327 320-watt panels plus three 2-megawatt inverters which will provide no less than six megawatts of nameplate capacity.

Contact Information: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

STATE BOARD OF HEALTH

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 State Board of Health is currently reviewing each of the regulations listed below to determine whether the regulation should be repealed, amended, or retained in its current form. The review of each regulation will be guided by the principles in Executive Order 17 (2014). Public comment is sought on the review of any issue relating to each 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.

12VAC5-520, Regulations Governing the Dental Scholarship and Loan Repayment Program

Agency Contact: Susan Puglisi, Policy Analyst, Virginia Department of Health, Office of Family Health Services, 109 Governor Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

12VAC5-530, Regulations Governing the Virginia Medical Scholarship Program

Agency Contact: Adrienne McFadden, MD, JD, Director, Office of Minority Health and Health Equity, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

The comment period begins May 30, 2016, and ends June 21, 2016.

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 Virginia Regulatory Town Hall, and a report of the small business impact review will be published in the Virginia Register of Regulations.

DEPARTMENT OF TAXATION

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 Taxation is currently reviewing each of the regulations listed below to determine whether the regulation should be repealed, amended, or retained in its current form. The review of each regulation will be guided by the principles in Executive Order 17 (2014). Public comment is sought on the review of any issue relating to each 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.

23VAC10-11, Public Participation Guidelines

23VAC10-230, Watercraft Sales and Use Tax

23VAC10-350, Forest Products Tax Regulations

Agency Contact: Joe Mayer, Lead Policy Analyst, Department of Taxation, P.O. Box 27185, Richmond, VA 23261-7185, telephone [phone], FAX [phone], or email [e-mail].

23VAC10-300, Estate Tax

Agency Contact: Kristin Collins, Lead Tax Policy Analyst, Department of Taxation, 600 East Main Street, Richmond, VA 23261-7185, telephone [phone], FAX [phone], email [e-mail].

The comment period begins May 30, 2016, and ends June 20, 2016.

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 Virginia Regulatory Town Hall, and a report of the small business impact review will be published in the Virginia Register of Regulations.

VIRGINIA WASTE MANAGEMENT BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Waste Management Board conducted a small business impact review of 9VAC20-20, Schedule of Fees for Hazardous Waste Facility Site Certification, and determined that this regulation should be retained in its current form. The Virginia Waste Management Board is publishing its report of findings dated April 27, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation continues to be needed. The board is authorized to adopt a schedule of fees to charge applicants and to collect fees for the cost of processing applications and cite certifications, and this regulation complies with the board's statutory authority. These fees defray costs associated with the review of site certifications.

No public comments were received during the periodic review of this regulation.

This regulation is one in a series of regulations that are related to hazardous waste facility site certifications. Maintaining multiple regulations, each addressing a different aspect of hazardous waste facility site certification, removes complexity from the regulatory process and allows users to focus on applicable requirements.

This regulation does not overlap, duplicate, or conflict with any state or federal law. This regulation does interact with three other state regulations. The four separate regulations work together to protect public health and welfare concerning the siting of hazardous waste facilities.

This regulation last underwent a periodic review in 2012. This regulation was amended in August 2012 to update a mailing address within the regulation.

The Department of Environmental Quality, on behalf of the Virginia Waste Management Board, recommends retaining this regulation. The department, through examination of the regulation, has determined that the regulatory requirements currently minimize the economic impact of this regulation on small businesses.

Contact Information: Melissa Porterfield, Policy Analyst, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Waste Management Board conducted a small business impact review of 9VAC20-30, Technical Assistance Fund Administrative Procedures, and determined that this regulation should be retained in its current form. The Virginia Waste Management Board is publishing its report of findings dated April 27, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation continues to be needed. The regulation establishes the requirements associated with the Technical Assistance Fund Board. This regulation establishes a process for a governing body of a community considering hosting a hazardous waste facility to obtain funds to assist them with obtaining technical assistance to better understand the environmental, economic, and social impact of a hazardous waste facility at a particular site. These fees defray costs associated with the review of these site certifications.

No public comments were received during the periodic review of this regulation.

This regulation is one in a series of regulations that are related to hazardous waste facility site certifications. Maintaining multiple regulations, each addressing a different aspect of hazardous waste facility site certification, removes complexity from the regulatory process and allows users to focus on applicable requirements.

This regulation does not overlap, duplicate, or conflict with any state or federal law. This regulation does interact with three other state regulations. The four separate regulations work together to protect public health and welfare concerning the siting of hazardous waste facilities.

This regulation last underwent a periodic review in 2012. This regulation was last amended in 2005 to make the regulation consistent with state statute.

The Department of Environmental Quality, on behalf of the Virginia Waste Management Board, recommends retaining this regulation. The department, through examination of the regulation, has determined that the regulatory requirements currently minimize the economic impact of this regulation on small businesses.

Contact Information: Melissa Porterfield, Policy Analyst, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Waste Management Board conducted a small business impact review of 9VAC20-40, Administrative Procedures for Hazardous Waste Facility Site Certification, and determined that this regulation should be retained in its current form. The Virginia Waste Management Board is publishing its report of findings dated April 27, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation continues to be needed. The regulation details administrative procedures for the submission and evaluation of applications for certification of hazardous waste facility sites.

No public comments were received during the periodic review of this regulation.

This regulation is one in a series of regulations that are related to hazardous waste facility site certifications. Maintaining multiple regulations, each addressing a different aspect of hazardous waste facility site certification, removes complexity from the regulatory process and allows users to focus on applicable requirements.

This regulation does not overlap, duplicate, or conflict with any state or federal law. This regulation does interact with three other state regulations. The four separate regulations work together to protect public health and welfare concerning the siting of hazardous waste facilities.

This regulation last underwent a periodic review in 2012. This regulation was amended in July 2013 to allow for notifications to be delivered through postal or electronic means.

The Department of Environmental Quality, on behalf of the Virginia Waste Management Board, recommends retaining this regulation. The department, through examination of the regulation, has determined that the regulatory requirements currently minimize the economic impact of this regulation on small businesses. During this periodic review, technical corrections were identified that need to be made to the regulation. These corrections will be made under a separate regulatory action.

Contact Information: Melissa Porterfield, Policy Analyst, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Waste Management Board conducted a small business impact review of 9VAC20-50, Hazardous Waste Facility Siting Criteria, and determined that this regulation should be retained in its current form. The Virginia Waste Management Board is publishing its report of findings dated April 27, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation continues to be needed. The board is authorized to adopt a criteria to evaluate and approve or disapprove applications for hazardous waste facility site certifications. These criteria are needed to protect human health and the environment from potential impacts from the siting of these facilities.

No public comments were received during the periodic review of this regulation.

This regulation is one in a series of regulations that are related to hazardous waste facility site certifications. Maintaining multiple regulations, each addressing a different aspect of hazardous waste facility site certification, removes complexity from the regulatory process and allows users to focus on applicable requirements.

This regulation does not overlap, duplicate, or conflict with any state or federal law. This regulation does interact with three other state regulations. The four separate regulations work together to protect public health and welfare concerning the siting of hazardous waste facilities.

This regulation last underwent a periodic review in 2012. This regulation was amended in August 2012 to update a mailing address within the regulation.

The Department of Environmental Quality, on behalf of the Virginia Waste Management Board, recommends retaining this regulation. The department, through examination of the regulation, has determined that the regulatory requirements currently minimize the economic impact of this regulation on small businesses. During this periodic review, technical corrections were identified that need to be made to the regulation. These corrections will be made under a separate regulatory action.

Contact Information: Melissa Porterfield, Policy Analyst, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Virginia Waste Management Board conducted a small business impact review of 9VAC20-150, Waste Tire End User Reimbursement Regulation, and determined that this regulation should be retained in its current form. The Virginia Waste Management Board is publishing its report of findings dated April 27, 2016, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation continues to be needed. This regulation promotes the use of waste tires by providing financial incentives to end users of Virginia-generated waste tire material for uses such as civil engineering, energy recovery, and recycled products. By promoting these uses, waste tires are reused or recycled instead of being disposed of in landfills or being disposed of improperly. Since 1994, the Department of Environmental Quality (DEQ) has worked to strengthen the markets for Virginia-derived waste tire material with its End User Reimbursement Program, providing a financial rebate to those who use Virginia tire material in their products or processes. Over the years, this program has provided sufficient incentives to waste tire generators, haulers, processors, and end users to capture, process, and beneficially use almost 100% of the waste tires generated in Virginia. Prior to implementing this regulation, and other programs that promote the proper management of waste tires, numerous large tires piles were found throughout the state. These tire piles were potential threats to human health and the environment if they were ignited.

No public comments were received during the periodic review.

This regulation establishes procedures for applications, processing applications, and rates of reimbursement for the end user of waste tires. This regulation is clearly written and easily understandable.

This regulation does not overlap, duplicate, or conflict with any state or federal law.

The Virginia Waste Management Board adopted the Waste Tire End User Reimbursement Regulations in 1994 and modified them in 1996, 1997, 2002, and 2011. These regulations specify the operating provisions of the program. It is estimated that 7 million waste tires are generated in Virginia every year. Over the years DEQ has assisted with the development of management strategies and markets for waste tires in Virginia. The Waste Tire End User Reimbursement Regulations have assisted with promoting the recycling and reuse of waste tires.

The agency recommends retaining this regulation. It is instrumental in encouraging the recycling and reuse of waste tires. This program does not negatively impact small businesses in Virginia. There are some changes the department is considering making to the regulation in the near future to make it consistent with state statute and to clarify requirements of the regulation. Changes to the regulation will be made as a separate regulatory process.

Contact Information: Melissa Porterfield, Policy Analyst, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

STATE WATER CONTROL BOARD

Proposed Consent Special Order for the County of Alleghany

An enforcement action has been proposed with the County of Alleghany for violations in Alleghany County, Virginia. The special order by consent addresses and resolves violations of environmental law and regulations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Jerry Ford, Jr. will accept comments by email at [e-mail] or postal mail at Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, from May 30, 2016, to June 29, 2016.

Proposed Consent Order for Love's Travel Stops & Country Stores, Inc.

An enforcement action has been proposed for Love's Travel Stops & Country Stores, Inc. for violations in Shenandoah County, Virginia. The State Water Control Board proposes to issue a consent order to Love's Travel Stops & Country Stores, Inc. to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Tiffany Severs will accept comments by email at [e-mail], FAX at [phone], or postal mail at Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, from May 30, 2016, to June 29, 2016.

Proposed Consent Order for Norfolk Southern Railway Company

An enforcement action has been proposed for Norfolk Southern Railway Company for violations of § 62.1-44.34:18 A of the Code of Virginia. The consent order describes a settlement to resolve these violations. A description of the proposed action is available online at www.deq.virginia.gov. Lee Crowell will accept comments by email at [e-mail] or postal mail at Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23219, from May 30, 2016, through June 29, 2016.

Proposed Consent Special Order for the Town of Pulaski

An enforcement action has been proposed with the Town of Pulaski for violations in Pulaski County, Virginia. The special order by consent addresses and resolves violations of environmental law and regulations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Jerry Ford, Jr. will accept comments by email at [e-mail] or postal mail at Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, from May 30, 2016, to June 29, 2016.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North 9th Street, 2nd Floor, Richmond, VA 23219; Telephone: Voice [phone]; Email: [e-mail].

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 http://www.virginia.gov/connect/commonwealth-calendar.

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.