GENERAL NOTICES
Vol. 38 Iss. 20 - May 23, 2022

DEPARTMENT OF ENVIRONMENTAL QUALITY

Waverly Solar LLC Notice of Intent for Small Renewable Energy Project (Solar) - Sussex County

Energix Renewables - Waverly Solar LLC 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 Sussex County, pursuant to 9VAC15-60. Waverly Solar I will be located on approximately 1,177.03 acres, west of U.S. State Route 40 (Sussex Drive), north of U.S. State Route 655 (West Oak Dale Road), south of U.S. State Route 651 (Lobbs Shop Road), and bisected by U.S. State Route 626 (Beef Steak Road). The proposed project is located east of Newville and southwest of Waverly in northeastern Sussex County, Virginia. Latitude and longitude coordinates are 37.024801, -77.148747. The project conceptually consists of approximately 138,762 460-watt modules, providing a facility net capacity of 50 megawatts alternating current.

Contact Information: Melissa Porterfield, Regulatory Coordinator, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4178.

Endless Caverns Solar LLC - WITHDRAWAL of Notice of Intent for a Small Renewable Energy Project (Solar)

Endless Caverns Solar LLC has withdrawn its notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Rockingham County, Virginia pursuant to 9VAC15-60. The original notice of intent was published in Volume 34, Issue 11 of the Virginia Register on January 22, 2018.

Contact Information: Melissa Porterfield, Regulatory Coordinator, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4178.

COMMISSION ON LOCAL GOVERNMENT

Schedule for the Assessment of State and Federal Mandates on Local Governments

Pursuant to the provisions of § 2.2-613 and subdivision 6 of § 15.2-2903 of the Code of Virginia, the following schedule, established by the Commission on Local Government and approved by Secretary of Commerce and Trade, Caren Merrik, and Governor Glenn A. Youngkin represents the timetable that the listed executive agencies will follow in conducting their assessments of certain state and federal mandates that they administer that are imposed on local governments. Such mandates are new (in effect for at least 24 months), newly identified, or have been significantly altered as to warrant a reassessment of the mandate (and have been in effect for 24 months). In conducting these assessments, agencies will follow the process established by Executive Order 58, which became effective October 11, 2007. These mandates are abstracted in the Catalog of State and Federal Mandates on Local Governments published by the Commission on Local Government.

For further information contact Kristen Dahlman, Senior Policy Analyst, Commission on Local Government at email kristen.dahlman@dhcd.virginia.gov or by telephone (804) 371-7017, or visit the commission's website at www.dhcd.virginia.gov.

STATE AND FEDERAL MANDATES ON LOCAL GOVERNMENTS

Approved Schedule of Assessment Periods - July 2022 through June 2023

For Executive Agency Assessment of Cataloged Mandates

AGENCY

CATALOG NUMBER

ASSESSMENT PERIOD

Mandate Short Title

DEPARTMENT OF SOCIAL SERVICES

Child Protective Services

SHHR.DSS031

3/1/2023 to 5/31/23

Criminal History and Central Registry Check for Placements of Children

SHHR.DSS072

3/1/2023 to 5/31/23

Virginia Birth Registry Search

SHHR.DSS080

3/1/2023 to 5/31/23

VIRGINIA DEPARTMENT OF HEALTH

Waterworks Operation Permit

SHHR.VDH019

7/1/22 to 9/30/22

VIRGINIA INFORMATION TECHNOLOGY AGENCY

Information Technology Access for the Visually Impaired

SOA.VITA001

7/1/22 to 9/30/22

Internet Privacy Policy

SOA.VITA002

7/1/22 to 9/30/22

DEPARTMENT OF EDUCATION

Competency-Based Career and Technical Education Program and Standards

SOE.DOE062

8/1/22 to 10/31/22

Early Identification and Provision of Special Education Services for Students with Disabilities

SOE.DOE069

8/1/22 to 10/31/22

Suspension, Expulsion, Exclusion, and Readmission of Pupils

SOE.DOE097

8/1/22 to 10/31/22

Water Management Programs

SOE.DOE171

8/1/22 to 10/31/22

DEPARTMENT OF CRIMINAL JUSTICE SERVICES

Multidisciplinary Response Team for Criminal Sexual Assault

SPSHS.DCJS036

7/1/22 to 9/30/22

VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT

Implementation of E-911 Services

SPSHS.VDEM017

7/1/22 to 8/30/22

Approved by the commission on March 10, 2022.

Contact Information: Kristen Dahlman, Senior Policy Analyst, Commission on Local Government, telephone (804) 371-7017, or email kristen.dahlman@dhcd.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Draft Mental Health Services Provider Manual

The draft Mental Health Services Provider Manual Chapter IV and Appendices E and G are now available on the Department of Medical Assistance Services website at https://www.dmas.virginia.gov/for-providers/general-information/medicaid-provider-manual-drafts/ for public comment.

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.

Draft Peer Recovery Support Services Supplement Provider Manual

The draft Peer Recovery Support Services Supplement Provider Manual is now available on the Department of Medical Assistance Services website at https://www.dmas.virginia.gov/for-providers/general-information/medicaid-provider-manual-drafts/ for public comment until May 27, 2022.

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.

BOARD OF PHARMACY

Notice on Scheduling Chemicals in Schedule I

Pursuant to subsection D of § 54.1-3443 of the Code of Virginia, the Board of Pharmacy is giving notice of a public hearing to consider placement of chemical substances in Schedule I of the Drug Control Act. The virtual public hearing will be conducted at 9:05 a.m. on June 6, 2022. Instructions will be included in the agenda for the board meeting, also on June 6. Public comment may also be submitted electronically or in writing prior to June 6 to Caroline Juran, Executive Director of the Board of Pharmacy at caroline.juran@dhp.virginia.gov.

Pursuant to § 54.1-3443, the Virginia Department of Forensic Science (DFS) has identified 10 compounds for recommended inclusion into Schedule I of the Drug Control Act.

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. 2-(4-ethoxybenzyl)-5-nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1H-benzimidazole (other names: N-pyrrolidino etonitazene, etonitazepyne), 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 structures, 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.

2. 1-(1,3-benzodioxol-5-yl)-2-(propylamino)-1-butanone (other names: 3,4-Methylenedioxy-alpha-propylaminobutiophenone; N-propyl butylone), 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.

3. 2-(ethylamino)-1-phenylpentan-1-one (other names: N-ethylpentedrone, alpha-ethylaminopentiophenone), 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

4. 3,4-methylenedioxy-alpha-cyclohexylaminopropiophenone (other name: Cyputylone), 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.

5. 3,4-methylenedioxy-alpha-cyclohexylmethylaminopropiophenone (other name: 3,4-Methylenedioxy-N,N-cyclohexylmethcathinone), 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.

6. 3,4-methylenedioxy-alpha-isopropylaminobutiophenone (other name: N-isopropyl butylone), 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.

7. 4-chloro-N-butylcathinone (other names: 4-chlorobutylcathinone, para-chloro-N-butylcathinone), 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.

8. 4-hydroxy-N-methyl-N-ethyltryptamine (other names: 4-hydroxy MET, Metocin), 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.

The following compound is classified as a central nervous system stimulant. Compounds of this type have been placed in Schedule I (subdivision 5 of § 54.1-3446) in previous legislative sessions.

9. 4-methylmethamphetamine (other names: N-alpha,4-trimethyl-benzeneethanamine, 4-MMA), including its salts, isomers, and salts of isomers.

The following compound is classified as a cannabimimetic agent. Compounds of this type have been placed in Schedule I (subdivision 6 of § 54.1-3446) in previous legislative sessions.

10. N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indole-3-acetamide (other names: ADB-FUBIATA, AD-18, FUB-ACADB), 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.

STATE WATER CONTROL BOARD

Notice of Enforcement Action for McCauley Park, LLC

The State Water Control Board proposes to issue a consent special order to McCauley Park LLC for alleged violation of the State Water Control Law at the corner of McCauley Parkway and King William Road (37.7539, -77.1482) in King William County, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The DEQ staff contact will accept comments from May 23, 2022, to June 24, 2022.

Contact Information: Jeff Reynolds, Enforcement Manager, Piedmont Regional Office, Department of Environmental Quality, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 720-4754, or email jefferson.reynolds@deq.virginia.gov.

Proposed Enforcement Action for Tyson Farms, Inc.

An enforcement action has been proposed for Tyson Farms Inc. for violations of the State Water Control Law at the Temperanceville facility in Temperanceville, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the facility. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact person will accept comments by email or postal mail from May 23, 2022, through June 22, 2022.

Contact Information: John Brandt, Enforcement Manager, Department of Environmental Quality, 5636 Southern Boulevard, Virginia Beach, VA 23462, FAX (804) 698-4178, or email john.brandt@deq.virginia.gov.

Notice of Enforcement Action for the Town of Lawrenceville

The State Water Control Board proposes to issue a consent special order to the Town of Lawrenceville for alleged violation of the State Water Control Law at 380 Meadow Lane, Lawrenceville, Virginia. A description of the proposed action is available at the Department of Environmental Quality (DEQ) office listed or online at www.deq.virginia.gov. The DEQ staff contact will accept comments from May 23, 2022, to June 24, 2022.

Contact Information: Jeff Reynolds, Regional Enforcement Manager, Piedmont Regional Office, Department of Environmental Quality, 4949A Cox Road, Glen Allen, VA 23060, telephone (804) 720-4754, or email jefferson.reynolds@deq.virginia.gov.

Proposed Enforcement Action for the Bland County Service Authority

An enforcement action has been proposed for the Bland County Service Authority for violations of the State Water Control Law at the Bastian wastewater treatment plant in Bland County, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the facility. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact person listed will accept comments by email or postal mail from May 24, 2022, through June 23, 2022.

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.

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.