GENERAL NOTICES
Vol. 39 Iss. 6 - November 07, 2022

STATE AIR POLLUTION CONTROL BOARD

Revision to the State Implementation Plan: Proposed Permit to Limit Air Pollution Emitted by a Facility in Bedford County, Virginia.

Purpose of notice: The Department of Environmental Quality (DEQ) is announcing a public comment period on a proposed permit to limit air pollution emitted by a facility in Bedford County, Virginia. This public comment period is being held in order to satisfy state public notice requirements under 9VAC5-80-1020. If adopted, the Commonwealth also 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) of the federal Clean Air Act. The SIP is the plan developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act.

Public comment period: November 7, 2022, to December 7, 2022.

Public hearing: A public hearing will be conducted if a request is made in writing to the contact listed at the end of this notice. In order to be considered, the request must include the full name, address, and telephone number of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be conducted.

Permit name: State Operating Permit issued by DEQ pursuant to applicable air laws and regulations.

Applicant name, address, and registration number: Georgia Pacific (GP) Big Island LLC, 9909 Lee Jackson Highway, Big Island, VA 24526; Registration No. 30389.

Description of proposal: GP Big Island LLC has applied for an amendment to a Best Available Retrofit Technology State Operating Permit for the Number 5 Power Boiler at GP Big Island LLC. The amendment to the permit removes conditions in the permit that allow for the use of coal in the boiler and lowers the permitted emission limits for PM10, sulfur dioxide, and nitrogen oxides. No emissions increases are anticipated as a result of this amendment.

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) of the federal 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 SIP.

Consultation with federal land managers (FLMs): As provided in 40 CFR 51.302(b)(2), the FLMs were given the opportunity to comment on this permit on July 13, 2022. DEQ received the FLM response and approval on August 24, 2022.

How to comment: DEQ accepts comments and requests for public hearing by hand-delivery, email, fax, or postal mail. All comments and requests must be in writing and be received by DEQ during the comment period. Submittals must include the names, mailing addresses, and email addresses of the commenter or requester and of all persons represented by the commenter or requester. All faxes must have a cover page that lists the intended recipient. All materials received are part of the public record.

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-regulations/public-notices/air. The documents may also be obtained by contacting the DEQ representative named in this notice. The public may schedule an appointment to review the documents between 8:30 a.m. and 4:30 p.m. of each business day until the close of the public comment period at the following DEQ locations:

(1) Main Street Office, 1111 East Main Street, 22nd Floor, Richmond, VA, telephone (804) 698-4000; and

(2) Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, telephone (540) 562-6700.

Please see contact listed for public comments, document requests, and additional information.

Contact Information: Erin Rau, Senior Air Permit Writer, Department of Environmental Quality, Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, telephone (540) 759-9501, FAX (804) 698-4178, or email erin.rau@deq.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Enforcement Action for Clarke County Sanitary Authority

An enforcement action has been proposed for Clarke County Sanitary Authority for alleged violations in Clarke County, Virginia. The Department of Environmental Quality (DEQ) proposes to issue a consent order with penalty to Clarke County Sanitary Authority to address noncompliance with State Water Control Law. A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov. The staff contact will accept comments by email, fax, or postal mail from November 7, 2022, to December 7, 2022.

Contact Information: Celeste Horton, Regional Enforcement Specialist, Department of Environmental Quality, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, FAX (804) 698-4178, or email celeste.horton@deq.virginia.gov.

Proposed Enforcement Action for East Gate Village II VA LLC

An enforcement action has been proposed for East Gate Village II VA LLC for violations of State Water Control Law and regulations and applicable permit at the East Gate Village II facility located in Gordonsville, Virginia. The proposed consent order is available from the Department of Environmental Quality (DEQ) contact or at www.deq.virginia.gov/permits-regulations/public-notices. The DEQ contact will accept written comments from November 8, 2022, to December 8, 2022.

Contact Information: Holly Shupe, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email holly.shupe@deq.virgnia.gov.

Proposed Enforcement Action for Mr. Gurcharan Lail

An enforcement action has been proposed for Mr. Gurcharan Lail for violations of State Water Control Law and regulations and applicable permit at the One Stop Trailer Park sewage treatment plant located in Leesburg, Virginia. The proposed consent order amendment is available from the Department of Environmental Quality (DEQ) contact listed or at www.deq.virginia.gov/permits-regulations/public-notices. The DEQ contact will accept written comments from November 8, 2022, to December 8, 2022.

Contact Information: Jim Datko, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email james.datko@deq.virgnia.gov.

Proposed Enforcement Action for Bindraban Lila

An enforcement action has been proposed for Bindraban Lila for alleged violations in Hampton, Virginia. The Department of Environmental Quality (DEQ) proposes to issue a consent order with penalty to Bindraban Lila to address noncompliance with State Water Control Law. A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov. The staff contact will accept comments by email, fax, or postal mail from November 7, 2022, to December 7, 2022.

Contact Information: Russell Deppe, Enforcement Specialist, Department of Environmental Quality, 5636 Southern Boulevard, Virginia Beach, Virginia 23462, telephone (757) 647-8060, FAX (804) 698-4178, or email russell.deppe@deq.virginia.gov.

Proposed Enforcement Action for Tripp's Pressure Washing LLC

An enforcement action has been proposed for Tripp's Pressure Washing LLC for alleged violations in Albemarle County, Virginia. The Department of Environmental Quality (DEQ) proposes to issue a consent order with penalty to Tripp's Pressure Washing LLC to address noncompliance with State Water Control Law. A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov. The staff contact will accept comments by email, fax, or postal mail from November 7, 2022, to December 7, 2022.

Contact Information: Celeste Horton, Regional Enforcement Specialist, Department of Environmental Quality, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, FAX (804) 698-4178, or email celeste.horton@deq.virginia.gov.

Proposed Enforcement Action for Robert D. Walk and Angela S. Walk

An enforcement action has been proposed for Robert D. Walk and Angela S. Walk for violations of State Water Control Law and regulations and applicable permit at the Walk residence sewage treatment plant located in Stafford, Virginia. The proposed consent order amendment is available from the Department of Environmental Quality (DEQ) contact or at www.deq.virginia.gov/permits-regulations/public-notices. The DEQ contact will accept written comments from November 8, 2022, to December 8, 2022.

Contact Information: Jim Datko, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email james.datko@deq.virgnia.gov.

Proposed Enforcement Action for Robert L. Yeatman and John B. Yeatman

An enforcement action has been proposed for Robert L. Yeatman and John B. Yeatman for violations of State Water Control Law and regulations and applicable permit at the Hard Rock Concrete facility located in Haymarket, Virginia. The proposed consent order is available from the Department of Environmental Quality (DEQ) contact or at www.deq.virginia.gov/permits-regulations/public-notices. The DEQ contact will accept written comments from November 8, 2022, to December 8, 2022.

Contact Information: Jim Datko, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email james.datko@deq.virgnia.gov.

Public Meeting and Opportunity for Public Comment for a Cleanup Plan for portions of the South Fork Holston River, Slemp Creek, Bishop Branch, Grosses Creek, and Beaverdam Creek

Purpose of notice: The Department of Environmental Quality (DEQ) seeks public comment on the development of a cleanup plan for impaired waters, also known as an implementation plan (IP), in the South Fork Holston River watershed in Washington and Smyth Counties. These streams are listed as impaired since monitoring data does not meet Virginia's water quality standards for bacteria (E. coli). Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the State Water Control Law requires DEQ to develop cleanup studies to address pollutants responsible for causing waters to be on Virginia's § 303(d) list of impaired waters. Once a cleanup study is developed, § 62.1-44.19:7 of the State Water Control Law outlines the requirements needed in a cleanup plan to address the pollutants contained in the study. DEQ is developing a cleanup plan to identify the actions necessary to address the water quality impairment in the South Fork Holston River, Slemp Creek, Bishop Branch, Grosses Creek, and Beaverdam Creek. The plan will explain the pollutant reductions needed to meet the targets contained in the 2016 TMDL report prepared for the watershed and recommend a specific set of voluntary best management practices (BMPs) for agricultural lands, residential septic systems, and developed lands to reduce bacteria entering area streams. It will also include associated costs and a timeline of expected achievement of water quality objectives. DEQ will introduce the community to the process used to develop the plan and invite the public to contribute to the plan by participating in Working Group Meetings. Persons interested in participating should notify the DEQ contact person listed and provide name, address, phone number, email address, and the organization they represent (if any). Meeting participants will learn how to contribute to the plan development and support restoration of the impaired waters within the watershed.

Cleanup plan location: The cleanup plan addresses the following impaired stream segments: Bishop Branch from the Parker Branch tributary downstream to the South Fork Holston River confluence (0.41 stream miles); Grosses Creek from its headwaters downstream to its confluence with the South Fork Holston River (3.99 stream miles); the South Fork Holston River from its confluence with Barton Creek South Lake Holston Reservoir backwaters (42.01 miles); Slemp Creek from its headwaters downstream to its confluence with the South Fork Holston River (3.99 stream miles); and Beaverdam Creek mainstem from the Tennessee state line, upstream to its confluence with South Fork Holston River in Damascus.

Public meeting: The first public meeting will be held on November 10, 2022, at 6 p.m. at the Damascus Public Library, 310 Water Street, Damascus, VA 24236.

Public comment period: November 10, 2022, to December 12, 2022.

How to comment: DEQ accepts comments orally or by email, fax, or postal mail. All comments must be received by DEQ during the comment period. Submittals must include the name, organization they represent (if any), mailing addresses, and telephone numbers of the commenter or requester.

Contact Information: Stephanie Kreps, Department of Environmental Quality, Southwest Regional Office, 355A Deadmore Street, Abingdon, VA 24210, telephone (276) 608-8811, FAX (804) 698-4178, or email stephanie.kreps@deq.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Draft Early Intervention Services Provider Manual

The draft Chapter 1 of all provider manuals 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 November 17, 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, or email emily.mcclellan@dmas.virginia.gov.

Draft Physician or Practitioner Provider Manual

The draft Physician or Practitioner Provider Manual Appendix D 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 November 17, 2022.

Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-0552, FAX (804) 786-1680, or email meredith.lee@dmas.virginia.gov.

Draft Provider Manual Chapter 1

The draft chapter 1 of all provider manuals 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 November 17, 2022.

Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-0552, FAX (804) 786-1680, or email meredith.lee@dmas.virginia.gov.

Draft Provider Manual Chapter 3

The draft Chapter 3 of all provider manuals 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 November 17, 2022.

Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-0552, FAX (804) 786-1680, or email meredith.lee@dmas.virginia.gov.

Draft Telehealth Services Provider Manual Supplement

The draft Telehealth Services Provider Manual Supplement and the draft DMAS P-268 form 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 until November 16, 2022.

Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-0552, FAX (804) 786-1680, or email meredith.lee@dmas.virginia.gov.

Draft Transportation Provider Manual

The draft Transportation Provider Manual Chapter II 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 November 16, 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, or email emily.mcclellan@dmas.virginia.gov.

BOARD OF PHARMACY

Notice for Scheduling Chemicals in Schedule I

Pursuant to § 54.1-3443 D 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 (§ 54.1-3400 et seq. of the Code of Virginia). The virtual public hearing will be conducted at 9:05 a.m. on December 6, 2022. Instructions will be included in the agenda for the board meeting, also on December 6, 2022. Public comment may also be submitted electronically or in writing prior to December 6, 2022, to Caroline Juran, Executive Director of the Board of Pharmacy, at caroline.juran@dhp.virginia.gov.

Pursuant to § 54.1-3443 D, The Virginia Department of Forensic Science (DFS) has identified five 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 pursuant to subdivision 1 of § 54.1-3446 of the Code of Virginia in previous legislative sessions.

2-methyl-N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]butanamide (other name: 2-methyl butyryl butyryl fentanyl), 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 pursuant to subdivision 3 of § 54.1-3446 in previous legislative sessions.

1-(7-methoxy-1,3-benzodioxol-5-yl)propan-2-amine (other names: 5-methoxy-3,4-methylenedioxyamphetamine, 3-methoxy MDA, MMDA), 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.

1-[1-(3-chlorophenyl)cyclohexyl]-piperidine (other names: 3-Chloro Phencyclidine, 3Cl-PCP, 3-chloro PCP), 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.

Based on its chemical structure, the following compound is expected to have depressant properties. Compounds of this type have been placed in Schedule I pursuant to subdivision 4 of § 54.1-3446 in previous legislative sessions.

7-bromo-5-phenyl-1,3-dihydro-1,4-benzodiazepin-2-one (other names: Desalkylgidazepam, Bromonordiazepam), 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 cannabimimetic agent. Compounds of this type have been placed in Schedule I pursuant to subdivision 6 of § 54.1-3446 in previous legislative sessions.

Methyl N-[(5-bromo-1H-indazol-3-yl)carbonyl]-3-methyl-valinate (other name: MDMB-5Br-INACA), 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, Henrico, VA 23233, telephone (804) 367-4456, FAX (804) 527-4472.

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.