GENERAL NOTICES
Vol. 39 Iss. 19 - May 08, 2023

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Enforcement Action for the Town of Cape Charles

An enforcement action has been proposed for the Town of Cape Charles for violations of State Water Control Law and regulations at the wastewater treatment plant in Cape Charles, Virginia. The proposed order is available from the Department of Environmental Quality (DEQ) contact or at https://www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. The DEQ contact will accept written comments from May 8, 2023, through June 7, 2023.

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.

Proposed Enforcement Action for the Carroll County Public Service Authority

An enforcement action has been proposed for the Carroll County Public Service Authority for violations of the State Water Control Law at the I-77 Exit 1 wastewater treatment plant in Carroll County. The Department of Environmental Quality proposes to issue a consent order to resolve violations associated with the facility. A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov. The staff contact person will accept comments by email or postal mail from May 8, 2023, through June 7, 2023.

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.

Proposed Enforcement Action for Murphy Brothers Inc.

An enforcement action has been proposed for Murphy Brothers Inc. for violations of State Water Control Law, regulations, and applicable permit at the Yellow Cab of Falls Church facility located in Falls Church, 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 May 9, 2023, through June 8, 2023.

Contact Information: Katherine Mann, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email katherine.mann@deq.virgnia.gov.

Proposed Enforcement Action for O'Reilly Automotive Stores Inc.

An enforcement action has been proposed for O'Reilly Automotive Stores Inc. for violations of State Water Control Law and regulations at the O'Reilly Auto Parts Clarksville located in Mecklenburg County, Virginia. The proposed order is available from the Department of Environmental Quality contact or at https://www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. The staff contact will accept written comments from May 8, 2023, to June 8, 2023.

Contact Information: Matt Richardson, Enforcement Specialist, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, or email matthew.richardson@deq.virginia.gov.

Proposed Enforcement Action for Perdue Agribusiness LLC

An enforcement action has been proposed for Perdue Agribusiness LLC for violations of State Water Control Law and regulations at the Perdue Agribusiness - Chesapeake Facility in Chesapeake, Virginia. The proposed order is available from the Department of Environmental Quality (DEQ) contact or at https://www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. The DEQ contact will accept written comments from May 8, 2023, through June 7, 2023.

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

Proposed Enforcement Action for Riggins Company LC

An enforcement action has been proposed for Riggins Company LC for violations of State Water Control Law in Hampton, Virginia. A description of the proposed action is available at the Department of Environmental Quality (DEQ) office listed or online at http://www.deq.virginia.gov. The DEQ contact will accept comments from May 8, 2023, to June 8, 2023.

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

Proposed Enforcement Action for Riverbend Management Inc., Brookhill Town Center LLC, and Brookhill Investments LLC for the Brookhill Town Center Development

An enforcement action has been proposed for Riverbend Management Inc., Brookhill Town Center LLC, and Brookhill Investments LLC for the Brookhill Town Center development. The Department of Environmental Quality (DEQ) proposes to issue a consent order with penalty to Riverbend Management Inc., Brookhill Town Center LLC, and Brookhill Investments 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 DEQ contact will accept comments from May 8, 2023, through June 6, 2023.

Contact Information: Francesca Wright, Enforcement Specialist, Department of Environmental Quality, 4411 Early Road, Harrisonburg, VA 22801, FAX (804) 698-4178, or email francesca.wright@deq.virginia.gov.

Proposed Enforcement Action for Southwood Building Systems Inc.

An enforcement action has been proposed for Southwood Building Systems Inc. for violations of State Water Control Law, regulations, and applicable permit at the Widewater State Park site located in Stafford, 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 May 8, 2023, to June 8, 2023.

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

Withdrawal of Proposed Local Variance for Data Centers - Loudoun County

In response to public comment, a proposed variance for data centers located in Loudoun County was withdrawn by the Department of Environmental Quality (DEQ) on April 12, 2023. The original public comment period was opened on January 26 and extended from March 6 through April 21, with a public hearing held on April 6, 2023. Therefore, no decision or announcement of a decision on the proposed variance is necessary, and the comment period is now closed effective immediately.

DEQ is canceling the public notice and not moving forward at this time with the consideration of an issuance of an order granting a temporary local variance for data centers located in Loudoun County. As stated in the initial public notice and draft order, the proposal was meant to address a concern for the area in which there may not be a sufficient amount of electricity for data centers due to severe, localized constraints in electricity transmissions through 2025. The proposal was intended to be an option to allow the data centers to continue to serve their customers, maintain the integrity of Internet, and alleviate demand on the electric grid during periods of extreme stress.

Given further discussion with stakeholders and public comment on the proposal, DEQ believes that these issues are now being addressed between the data centers, the utilities, and the regional transmission organization (PJM Interconnection). If needed in the future, DEQ stands ready to assist in ensuring that Virginians have a reliable, affordable, clean, and growing supply of energy.

Contact Information: Karen G. Sabasteanski, Office of Air Data Analysis and Planning, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1973, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.

Piney River Solar Project Notice of Intent for Small Renewable Energy Project (Solar) - Amherst County

Piney River Solar LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documents for a permit by rule for a small renewable energy project (solar) in Amherst County. Piney River Solar Project will be located in Amherst, Virginia. Latitude and longitude coordinates are 37.699871, -79.019174. The proposed project is a 50-megawatt alternating current photovoltaic ground-mounted solar facility. The two adjoining parcels comprising the project area create an area of approximately 431.37 acres. The solar array will use approximately 138,300 solar panels.

Contact Information: Susan Tripp, Renewable Energy Permit by Rule Coordinator, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23233, telephone (804) 664-3470, or email susan.tripp@deq.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Draft Baby Care Provider Manual Chapter VI Available for Review

The draft Baby Care Provider Manual Chapter VI 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/.

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 Emergency Medicaid Provider Manual Supplement Available for Review

The draft Emergency Medicaid Provider Manual Supplement 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/.

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 Long-Term Services and Support Screening Provider Manual Chapters II and V Available for Review

The draft Long-Term Services and Support Screening Provider Manual Chapters II and V 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/.

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 of Chemicals in Schedule I Pursuant to 54.1-3443 of the Code of Virginia

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.

The public hearing will be conducted at 9:05 a.m. on June 13, 2023.

Instructions will be included in the agenda for the board meeting, also on June 13. Public comment may also be submitted electronically or in writing prior to June 13, 2023, to Caroline Juran, Executive Director of the Board of Pharmacy, at caroline.juran@dhp.virginia.gov.

Pursuant to § 54.1-3443 D of the Code of Virginia, the Virginia Department of Forensic Science (DFS) has identified five compounds for recommended for inclusion in the Code of Virginia.

The following compounds are classified as synthetic opioids. 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-(4-isopropoxybenzyl)-5-nitro-1-[2-(pyrrolidin-1-yl)ethyl]-1H-benzo[d]imidazole (other name: N-Pyrrolidino Isotonitazene), 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.

5-nitro-2-(4-propoxybenzyl)-1-[2-(pyrrolidin-1-yl)ethyl]-1H-benzo[d]imidazole (other names: N-Pyrrolidino Protonitazene, Protonitazepyne), 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.

N-phenyl-N-(1-propionyl-4-piperidinyl)-propanamide (other name: N-propionyl Norfentanyl), 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 depressant properties. Compounds of this type have been placed in Schedule I pursuant to subdivision 4 of § 54.1-3446 of the Code of Virginia in previous legislative sessions.

6-(4-chlorophenyl)-1-methyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine (other names: 4'-chloro Deschloroalprazolam, 4'Cl-Deschloroalprazolam), 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-chloro-5-(2-chlorophenyl)-1-methyl-3H-1,4-benzodiazepin-2-one (other names: Diclazepam, 2-Chlorodiazepam), 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.