GENERAL NOTICES/ERRATA
Vol. 37 Iss. 6 - November 09, 2020

DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Proposed Renewal of Variances to 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)

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 a decision on applications for renewal of existing variances to the Human Rights Regulations. 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, DBHDS intends to submit a written decision deferring, disapproving, modifying, or approving each variance renewal 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 this Register.

Purpose of notice: After considering all available information, at its meeting on September 10, 2020, the State Human Rights Committee (SHRC) voted to approve the applications for renewal of variances to the Human Rights Regulations. The variances were approved for a three-year period with annual updates to the SHRC and quarterly updates to the local human rights committee (LHRC).

Variance is approved for the following sections:

Variance to Procedures to Ensure Dignity:

I. 12VAC35-115-50 C 7 and C 8:

In order to maintain the safety and security of residents (youth) the programs restrict communication via telephone and visitation to only those placed on a list generated at admission with input from the parent/legal guardian and the resident.

1. Holiday House (C 8 only).

2. Barry Robinson Center.

1. Kempsville Center for Behavioral Health. (The Clinical Treatment Team is also involved in the creation of the list.)

2. Newport News Behavioral Health Center.

3. Virginia Beach Department of Human Services Residential Crisis Stabilization Program. (The Recovery Center)

Variance to Procedures for Restrictions on Freedoms of Everyday Life:

12VAC35-115-100 A 1 a and A 1 g:

In order to utilize a point level system (Behavior Management Model) affecting movement of an individual within the service setting (grounds, community, purchases in program store).

1. Harbor Point Behavioral Health Center.

2. Kempsville Center for Behavioral Health. (Requiring an individual earn points through a level system in order to access the store.)

3. Newport News Behavioral Health Center (A 1 a only).

Variance to Procedures for Use of Seclusion, Restraint, and Time Out:

12VAC35-115-110 C 16: In order to utilize time out as part of the unit restriction policy.

1. Kempsville Center for Behavioral Health.  (At times deemed necessary due to unsafe behaviors, to provide additional safety and security measures by preventing movement by an individual from their assigned unit for periods longer than 30 minutes.)

Contact Information: Taneika Goldman, Deputy 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) 524-7398, FAX (804) 804-371-2308, or email taneika.goldman@dbhds.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Bartonsville Energy Facility LLC Notice of Intent for Small Renewable Energy Project (Solar) Revised - Frederick County

Bartonsville Energy Facility LLC has provided the Department of Environmental Quality a revised notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Frederick County. The project will be located on approximately 1,160 (originally 750) acres of privately owned land to the south of Middle Road in Frederick County and Stephens City. The project will have a maximum capacity of 130 (originally 80) megawatts alternating current and will consist of ground-mounted solar photovoltaic modules installed on single-axis tracking structures and associated inverters. The original notice of intent was published in the Virginia Register of Regulations on April 27, 2020.

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, or email mary.major@deq.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Draft Pharmacy Appendix D Provider Manual

Comment period: October 19, 2020, through November 18, 2020.

The draft Pharmacy Manual (Appendix D) is now available on the Department of Medical Assistance Services website at https://www.dmas.virginia.gov/#/manualdraft for public comment until November 18, 2020.

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 emily.mcclellan@dmas.virginia.gov.

Public Comments Sought on High Needs Support Benefit Delivery System Design

Comment period: October 14, 2020, through November 12, 2020.

The Department of Medical Assistance Services (DMAS) is seeking public comment for new Medicaid program features, including a supportive housing and employment benefit (High Needs Supports) targeted to certain high need Medicaid enrollees, through the state's § 1115 Medicaid demonstration. This benefit will assist Medicaid-enrolled individuals with complex physical or behavioral health needs or who need assistance with activities of daily living and who are at risk for housing and employment instability in obtaining and sustaining stable housing and employment in order to improve quality of life and health outcomes.

DMAS welcomes public comment on the entire High Needs Supports benefit delivery system design.

For more information regarding the High Needs Support Benefit, please visit https://www.dmas.virginia.gov/#/highneedssupport.

Instructions for public comment submission: The draft High Needs Support Policy Paper is now available on the DMAS website at https://www.dmas.virginia.gov/#/highneedssupport for public comment until November 11, 2020.

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 emily.mcclellan@dmas.virginia.gov.

BOARD OF PHARMACY

Placement of Chemicals in Schedule I

Comment period: October 16, 2020, through December 10, 2020.

Pursuant to § 54.1-3443 D of the Code of Virginia, the Virginia Department of Forensic Science has identified 12 compounds for recommended inclusion into the Code of Virginia.

The following compound is classified as a synthetic opioid. Compounds of this type have been placed in Schedule I (subdivision 1 of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.

1. N,N-diethyl-2-[(4-methoxyphenyl)methyl]-1H-benzimidazole-1-ethanamine (other name: Metodesnitazene), its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation.

Based on their chemical structure, the following compounds are expected to have hallucinogenic properties. Compounds of this type have been placed in Schedule I (subdivision 3 of § 54.1-3446) in previous legislative sessions.

1. 4-fluoro-3-methyl-alpha-pyrrolidinovalerophenone (other name: 4-fluoro-3-methyl-alpha-PVP), its salts, isomers (optical, position, and geometric), and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

2. 4-fluoro-alpha-methylamino-valerophenone (other name: 4-fluoropentedrone), its salts, isomers, and salts of isomers whenever the existence of such salts, isomers (optical, position, and geometric), and salts of isomers is possible within the specific chemical designation.

3. N-(1,4-dimethylpentyl)-3,4-dimethoxyamphetamine (other name: N-(1,4-dimethylpentyl)-3,4-DMA), its salts, isomers, and salts of isomers whenever the existence of such salts, isomers (optical, position, and geometric), and salts of isomers is possible within the specific chemical designation.

4. 4,5-methylenedioxy-N,N-diisopropyltryptamine (other name: 4,5-MDO-DiPT), its salts, isomers, and salts of isomers whenever the existence of such salts, isomers (optical, position, and geometric), and salts of isomers is possible within the specific chemical designation.

5. Alpha-pyrrolidinocyclohexanophenone (other name: alpha-PCYP), its salts, isomers, and salts of isomers whenever the existence of such salts, isomers (optical, position, and geometric), and salts of isomers is possible within the specific chemical designation.

6. 3,4-methylenedioxy-alpha-pyrrolidinoheptiophenone (other name: MDPV8), its salts, isomers, and salts of isomers whenever the existence of such salts, isomers (optical, position, and geometric), and salts of isomers is possible within the specific chemical designation.

Based on their chemical structure, the following compounds are expected to have depressant properties. Compounds of this type have been placed in Schedule I (subdivision 4 of § 54.1-3446) in previous legislative sessions.

1. Bromazolam, its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

2. Deschloroetizolam, its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

3. 7-chloro-5-(2-fluorophenyl)-1,3-dihydro-1,4-benzodiazepin-2-one (other name: Norfludiazepam), its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

The following compounds are classified as cannabimimetic agents. Compounds of this type have been placed in Schedule I (subdivision 6 of § 54.1-3446) in previous legislative sessions.

1. Methyl 2-[1-(4-fluorobutyl)-1H-indole-3-carboxamido]-3,3-dimethylbutanoate (other name: 4-fluoro-MDMB-BUTICA), its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

2. Ethyl 2-[1-(5-fluoropentyl)-1H-indole-3-carboxamido]-3-methylbutanoate (other name: 5-fluoro-EMB-PICA), its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

Contact Information: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4456, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

STATE WATER CONTROL BOARD

Proposed Consent Special Order for GPM Oil LLC

The State Water Control Board proposes to issue a consent special order to GPM Oil LLC for alleged violation of the State Water Control Law at 31862 Tidewater Trail, Center Cross, Virginia 22437 and 26959 Tidewater Trail, Dunnsville, Virginia 22454. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Aree Reinhardt will accept comments by email at aree.reinhardt@deq.virginia.gov or postal mail at Department of Environmental Quality, Piedmont Regional Office (Enforcement), 4949-A Cox Road, Glen Allen, VA 23060, from November 9, 2020, to December 11, 2020.

Proposed Consent Special Order for the
City of Richmond

An amendment is proposed to the special order by consent issued March 17, 2005, under the authority of §§ 10.1-1185 and 62.1-44.15 of the Code of Virginia between the State Water Control Board and the City of Richmond to address combined sewer overflow impacts on the James River (2005 Order). The purpose of the amendment is to revise certain provisions of the 2005 Order to align with requirements in Chapter 634 of the 2020 Acts of Assembly approved April 2, 2020, and made effective July 1, 2020. The amendment is available for review and comment at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Please provide comments from November 9, 2020, to November 23, 2020 by email to jefferson.reynolds@deq.virginia.gov or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060.

Proposed Consent Order for Woodstock Shell LLC

An enforcement action has been proposed for Woodstock Shell LLC for violations at the Handy Mart 8 in Woodstock, Virginia. The State Water Control Board proposes to issue a consent order with penalty and injunctive relief to Woodstock Shell LLC to address noncompliance with State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office listed. Eric Millard will accept comments by email at eric.millard@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 November 9, 2020, to December 9, 2020.

Community Meeting and Public Comment Period for Water Quality Study (TMDL) for the South Fork Rivanna River

Meeting time: Wednesday, November 18, 2020, from 6 p.m. to 7:30 p.m.

Given the existing State of Emergency related to the COVID-19 pandemic, this meeting will be held entirely virtually. A computer or a telephone are necessary to participate virtually. All meeting attendees are encouraged to access the meeting using a computer to view the meeting visuals. Attendees may also use a phone for audio and a computer for visual to avoid possible interruptions in computer audio. Although the use of a phone for audio only participation is possible, since the meeting will rely on visuals, audio only participation is discouraged. The URL to register for the virtual meeting is provided. Once registered for the meeting, registrants will receive an email with the URL and telephone information to participate in the meeting. If meeting attendees experience any interruption in the meeting broadcast, they should call the technical support line that is also provided at the end of this notice.

In the event that the Governor's State of Emergency is lifted, the meeting will be held on the same date and time at: Department of Environmental Quality, Valley Regional Office, 4411 Early Road, Harrisonburg, VA 22801.

To register for this virtual meeting and to receive access information, sign up at https://attendee.gotowebinar.com/
register/9045925564054225936
.

For technical assistance during the meeting, call: (703) 583-3906.

Purpose of notice: The Department of Environmental Quality (DEQ) and its contractors, James Madison University, and 3E Consulting will discuss the process that will be used to complete a water quality study known as a total maximum daily load (TMDL) for the South Fork Rivanna River and its tributaries. The river is listed on the § 303(d) TMDL Priority List and Report as impaired due to violations of Virginia's water quality standards for aquatic life use. This is an opportunity for local residents to learn about the condition of the river, share information about the area, and become involved in the process of local water quality improvement.

Meeting description: A public informational meeting will be held to introduce the local community to the water quality improvement process in Virginia, known as the TMDL process, provide information on biological monitoring efforts and sources, invite participation and solicit input, review the next steps, and accept volunteers to be part of a technical advisory committee. 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. The meeting will be open to the public and all are welcome.

Description of study: The South Fork Rivanna River and 12 of its tributaries in Albemarle County have been placed on Virginia's impaired waters list for failing to support the benthic water quality standard (Table 1). This standard is intended to protect the aquatic life designated use, which states that all of the Commonwealth's waterways will support a diverse and abundant population of aquatic life. This water quality study will include a benthic stressor analysis to determine the most likely pollutant responsible for the impairments, and it will report on the sources of these pollutant and recommend reductions to meet a total maximum daily load (TMDL) for the impaired stream segments. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality in the South Fork Rivanna River and its tributaries, pollutant levels will need to be reduced to the TMDL amount. Through this process, Virginia agencies will partner with a technical advisory committee (TAC) made up of local stakeholders to complete a benthic stressor analysis and identify the pollutant of concern in the watershed in addition to pollutant sources and the reductions needed from these sources to meet the TMDL. All are welcome to participate in this committee, and TAC meetings are open to the public.

Table 1. Benthic impairments in the South Fork Rivanna River included in TMDL study.

Waterbody Name

Impairment Description

Length (Miles)

Initial Listing Date

Broad Axe Run

Headwaters to confluence with Mechums Creek

8.31

2004

Lickinghole Creek

Headwaters to confluence with Mechums Creek

8.93

2010

Mechums River

Confluence with Stockton to Lickinghole confluence

2.07

2004

Headwaters to confluence with Stockton Creek

13.09

2004

Spring Creek

Headwaters to upper end of Lake Albemarle

3.48

2012

Slabtown Branch

Headwaters to confluence with Lickinghole Creek

4.92

2010

Parrott Branch X-trib

Headwaters to confluence with Parrott Creek

1.15

2010

Fishing Creek

Headwaters to confluence with SF Rivanna River Reservoir

12.53

2012

Ivy Creek

5 mile upper limit of PWS designation to confluence with SF Rivanna Reservoir

2.56

2008

Little Ivy Creek confluence to 5 mile upper limit of PWS designation

4.02

2008

Headwaters to confluence with Little Ivy Creek

5.49

2010

Little Ivy Creek X-trib

Headwaters to confluence with Ivy Creek

4.44

2016

Naked Creek

Headwaters to confluence with SF Rivanna River

9.82

2010

Powell Creek

Headwaters to confluence with SF Rivanna River

10.36

2010

SF Rivanna

RWSA public water intake to confluence with Rivanna River

3.47

2010

SF Rivanna X-trib

Headwaters to confluence with SF Rivanna River

3.2

2010

How to comment and participate: All meetings in support of TMDL development are open to the public and all interested parties are welcome. Written comments will be accepted November 18, 2020, through December 18, 2020, 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 Nesha McRae, Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7850, FAX (540) 574-7878, or email nesha.mcrae@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.