GENERAL NOTICES/ERRATA
Vol. 36 Iss. 2 - September 16, 2019

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

2019 Annual Report on the Agricultural Stewardship Act

The Commissioner of Agriculture and Consumer Services announces the availability of the annual report on the Agricultural Stewardship Act for the program year April 1, 2018, through March 31, 2019. Copies of the report can be obtained by contacting Katherine Coates by telephone at (804) 786-3538 or via email at katherine.coates@vdacs.virginia.gov. The report can also be obtained by accessing the department's website at http://www.vdacs.virginia.gov/conservation-and-environmental-agricultural-stewardship.shtml. A written request for copies may be sent to: Virginia Department of Agriculture and Consumer Services, Office of Policy, Planning, and Research, P.O. Box 1163, Richmond, VA  23218. Copies of the report are available without charge.

STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Proposed Variances to the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services

Notice of action: The Department of Behavioral Health and Developmental Services (DBHDS), in accordance with Part VI, Variances (12VAC35-115-220), of the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115), hereafter referred to as the "Human Rights Regulations," is announcing an opportunity for public comment on an application for proposed variances to the Human Rights Regulations submitted to the State Human Rights Committee (SHRC). The purpose of the regulations is to ensure and protect the legal and human rights of individuals receiving services in facilities or programs operated, licensed, or funded by DBHDS.

Each variance application references the specific part of these regulations to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. Such application also describes time limits and other conditions for duration and the circumstances that will end the applicability of the variance. After considering all available information including comments, the SHRC intends to submit a written decision deferring, disapproving, modifying, or approving each variance application. All variances shall be approved for a specific time period. The decision and reasons for variance will be published in a later issue of the Virginia Register of Regulations.

Purpose of notice: The SHRC is seeking comment on the application for proposed new variances to the Human Rights Regulations for DBHDS' Central State Hospital (CSH). The request is itemized according to four distinct CSH policies.

Variance is requested to the following sections:

12VAC35-115-150: General provisions

12VAC35-115-175: Human rights complaint process

12VAC35-115-180: Local human rights committee hearing and review procedures

12VAC35-115-190: Special procedures for emergency hearings by the LHRC

12VAC35-115-200: Special Procedures for LHRC reviews involving consent and authorization

12VAC35-115-210: State Human Rights Committee appeals procedures

Explanation: CSH requests variances to the listed sections to create alternative procedures for addressing complaints by individuals in maximum security when the individual is not satisfied with the director's response so that the individual may appeal to the CSH Maximum Security Appeals Committee.

Variance is requested to the following section:

12VAC35-115-100, Restrictions on freedoms of everyday life, A 1 c, "freedom to have and spend personal money."

Explanation: Individuals who are receiving hospitalization under the civil admissions process in the maximum security perimeter may not keep any form of money on their person. The CSH variance to this provision allows nonforensic patients to purchase items in a canteen and from external providers; however, individuals may not have money on their person.

Variance is requested to the following sections:

12VAC35-115-20 A 2, Policy, "Each individual who receives services shall be assured respect for basic human dignity."

12VAC35-115-50 C 3 a, Dignity, "each individual has the right to … reasonable privacy…."

Explanation: CSH cannot fulfill its duty to provide a safe environment for individuals who are high-risk in a secure forensic program through less intrusive means than routine "pat downs" of fully clothed individuals and proactive searches of individual bedroom areas. The CSH variance to these provisions allows for routine pat downs of nonforensic individuals before and after group movement; within a secure perimeter; any time an individual leaves the secure perimeter; and any time an individual has physical access to a visitor who is not an employee of CSH and allows proactive routine searches of individual bedrooms to identify contraband or breaches of safety and security.

Variance is requested to the following section:

12VAC35-115-50, Dignity:

C 6, "each individual has the right to… communicate privately with any person by mail and have help in writing and reading mail, as needed."

C 6 a, "An individual's access to mail may be limited only if the provider has reasonable cause to believe that the mail contains illegal material or anything dangerous.  If so, the director or his designee may open the mail, but not read it, in the presence of the individual."

C 7, "each individual has the right to… communicate privately with any person by telephone and have help in doing so."

C 7 a, "An individual's access to the telephone may be limited only if, in the judgment of a licensed professional, communication with another person will result in demonstrable harm to the individual or significantly affect his treatment."

Explanation: The CSH variance to these provisions allows for staff to open but not read mail and packages in the presence of the individual in the maximum security program. CSH also seeks to restrict individuals in the maximum security forensic program from communicating with each other by mail or telephone.

Any variances to these regulations by the state facility listed (CSH) are reviewed by the SHRC at least annually, with reports going to the SHRC regarding the variances as requested.

Public comment period: September 16, 2019, through October 16, 2018.

How to comment: The SHRC 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 DBHDS, which will provide them to the SHRC, by the last day of the comment period. All information received is part of the public record.

To review a proposal: Variance applications and any supporting documentation may be obtained by contacting the listed DBHDS representative.

Contact Information: Deborah Lochart, Director, Office of Human Rights, Department of Behavioral Health and Developmental Services, 1220 East Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-0032, FAX (804) 804-371-2308, or email deb.lochart@dbhds.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Bedford Solar Center LLC Withdrawal of Notice of Intent for Small Renewable Energy Project (Solar) - City of Chesapeake

Bedford Solar Center LLC has withdrawn its notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in the City of Chesapeake to be sited on approximately 475 acres adjacent to Blue Ridge Road near the Naval Auxiliary Landing Field Fentress. The notice of intent was published in the Virginia Register of Regulations on October 15, 2018.

Agency Contact: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, or email mary.major@deq.virginia.gov.

Tradewind Energy Inc. (TWE) and Centerville Pike Solar Project LLC Withdrawal of Notice of Intent for Small Renewable Energy Project (Solar) - City of Chesapeake

The Department of Environmental Quality has received a withdrawal of a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy solar project from TWE Centerville Pike Solar Project LLC for a 15-megawatt project within the City of Chesapeake. The notice of intent was published in the Virginia Register of Regulations on May 2, 2016.

Agency Contact: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, or email mary.major@deq.virginia.gov.

Tradewind Energy Inc. (TWE) and TWE Chesapeake Solar Project LLC Withdrawal of Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule - City of Chesapeake

The Department of Environmental Quality has received a withdrawal of a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy solar project located within the City of Chesapeake. The notice of intent was published in the Virginia Register of Regulations on May 2, 2016.

Agency Contact: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, or email mary.major@deq.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Draft CCC Plus Waiver Provider Manual (Appendix D)

The draft Appendix D of the new CCC Plus Waiver Provider Manual (formerly the Elderly or Disabled with Consumer Direction and Technology Assisted Waivers Provider Manual) is now available on the Department of Medical Assistance Services (DMAS) website at http://www.dmas.virginia.gov/#/manualdraft.

Agency Contact: 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 emily.mcclellan@dmas.virginia.gov.

Draft Chapter 1 (General Information) for All DMAS Provider Manuals Is Available for Stakeholder Input

Public comment period: August 23, 2019, to September 22, 2019.

The draft Chapter I (General Information) for all DMAS provider manuals is now available on the DMAS website at http://www.dmas.virginia.gov/#/manualdraft for public comment. This chapter has been updated to reflect current DMAS requirements.

Agency Contact: 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 emily.mcclellan@dmas.virginia.gov.

Draft Local Education Agency Provider Manual Is Available for Stakeholder Input

Public comment period: August 23, 2019, to September 22, 2019.

The draft Local Education Agency Provider Manual (Chapters II, IV,V, and VI) is now available on the DMAS website at http://www.dmas.virginia.gov/#/manualdraft for public comment. The updates clarify requirements associated with DMAS local education agency provider enrollment and screening requirements and claims submission requirements.

Agency Contact: 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 emily.mcclellan@dmas.virginia.gov.

Intent to Amend the Virginia State Plan for Medical Assistance (pursuant to § 1902(a)(13) of the Social Security Act (USC § 1396a(a)(13)))

The Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to amend the Virginia State Plan for Medical Assistance to provide for changes to the Methods and Standards for Establishing Payment Rates-Other Types of Care (12VAC30-80).

This notice is intended to satisfy the requirements of 42 CFR 447.205 and § 1902(a)(13) of the Social Security Act, 42 USC § 1396a(a)(13). A copy of this notice is available for public review from Emily McClellan, Policy and Research Division, Department of Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219, or via email at emily.mcclellan@dmas.virginia.gov.

This notice is available for public review on the Virginia Regulatory Town Hall at www.townhall.virginia.gov.

The state plan is being revised, effective January 1, 2020, to remove the statement that reimbursement for incontinence supplies shall be by selective contract.

There is no expected increase or decrease in annual aggregate expenditures.

Agency Contact: 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 emily.mcclellan@dmas.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Order for Mountain View Brewery LLC

The State Water Control Board proposes to issue a consent order with penalty and injunctive relief to Mountain View Brewery LLC to address noncompliance with State Water Control Law at the Devil's Backbone Outpost Brewery located in Lexington, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Tiffany Severs will accept comments by email at tiffany.severs@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, from September 16, 2019, to October 16, 2019.

Proposed Consent Order for Nelson County Service Authority

An enforcement action has been proposed for Nelson County Service Authority (NCSA) for violations at the Wintergreen wastewater treatment plant. The State Water Control Board proposes to issue a consent order with injunctive relief to NCSA to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Tiffany Severs will accept comments by email at tiffany.severs@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, from September 16, 2019, to October 16, 2019.

Proposed Consent Special Order for Nutri-Blend Inc.

An enforcement action has been proposed for Nutri-Blend Inc. for violations in Goochland and Cumberland, Virginia. The State Water Control Board proposes to issue a special order by consent to Nutri-Blend 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 listed or online at www.deq.virginia.gov. Kristen Sadtler will accept comments by email at kristen.sadtler@deq.virginia.gov or postal mail at Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, from September 16, 2019, to October 16, 2019.

Total Maximum Daily Loads for Buffalo River, Long Branch, Rutledge Creek, Mill Creek and Turner Creek Watersheds in Amherst County

The Department of Environmental Quality (DEQ) seeks oral and written comments from interested persons on the development of a TMDL Implementation Plan (IP) for bacteria and sediment total maximum daily loads (TMDLs) for Buffalo River, Long Branch, Rutledge Creek, Mill Creek, and Turner Creek Watersheds in Amherst County. These streams were 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. The following are the names of each bacteria "impaired" stream, the length of the impaired segment, and the reason for the impairment: Buffalo River, 23.48 miles, bacteria; Buffalo River, 2.09 miles, sediment; Long Branch, 3.59 miles, sediment; Mill Creek, 4.15 miles, bacteria; Rutledge Creek, 7.48 miles, bacteria; Turner Creek, 4.49 miles, bacteria.

The TMDL studies for these stream impairments were completed in June 2013 and July 2013 and can be found, respectively, in the bacteria TMDL development for Hat Creek, Piney River, Rucker Run, Mill Creek, Rutledge Creek, Turner Creek, Buffalo River, and Tye River in Nelson County and Amherst County, Virginia report is available at https://www.deq.virginia.gov/Portals/0/DEQ/Water/TMDL/apptmdls/VRO_TMDL_Access.pdf. The Sediment TMDL Development Report for Benthic Impairments in Long Branch and Buffalo River Amherst County, Virginia report is available at https://www.deq.virginia.gov/Portals/0/DEQ/Water/TMDL/apptmdls/BRRO_TMDL_Access.pdf.

Section 62.1-44.19:7 C of the Code of Virginia requires the development of an IP for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and their associated costs, benefits, and environmental impacts.

This will be the first public meeting to discuss the development of the IP for the bacteria and sediment TMDLs. At this meeting, development of the implementation plan to restore water quality in the Buffalo River Watershed will be discussed, and citizens will learn how they can be part of the water quality improvement process.

The public meeting will be held from 6 p.m. to 8 p.m. on Tuesday, October 8, 2019, at the Amherst County Administration Building, Admin Conference Room, 153 Washington Street, Amherst, VA 24521. In the event of severe weather, the public meeting will occur on October 10, 2019, at the same time and location.

DEQ accepts written comments by email, fax, or postal mail. The 30-day public comment period on the information presented at the meeting will begin October 8, 2019, and end November 8, 2019. Written comments and inquiries should include the name, address, and telephone number of the person submitting the comments and should be sent to James Moneymaker, Blue Ridge Regional Office, Department of Environmental Quality, 901 Russell Drive, Salem, VA 24153, telephone (540) 562-6738, FAX (540) 562-6725, or email james.moneymaker@deq.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.