STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
State Human Rights Committee Decision on 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 a decision 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 the regulation 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.
Purpose of notice: After considering all available information at its meeting on January 18, 2024, the SHRC voted to approve the application for variances to the Human Rights Regulations for DBHDS Western State Hospital (WSH) for a three-year period, with quarterly updates to the Local Human Rights Committee and annual updates to the SHRC.
Variance to procedures for behavior treatment plans and use of seclusion, restraint, and time out:
12VAC35-115-105 H: Providers shall not use seclusion in a behavioral treatment plan.
12VAC35-115-110 C 3: Only residential facilities for children that are licensed under the Regulations for Children's Residential Facilities (12VAC35-46) and inpatient hospitals may use seclusion and only in an emergency.
Explanation: The variances will allow WSH to place an individual in an environment of seclusion at the individual's request and not as related to an emergency in order to prevent self-injurious harm to the individual and to the staff members responsible for the individual's care.
Contact Information: Taneika Goldman, 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) 786-3988, FAX (833) 734-1241, or email taneika.goldman@dbhds.virginia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Carver Solar I LLC Notice of Intent for a Small Renewable Energy Project (Solar) Permit by Rule - Isle of Wight County
Carver Solar I LLC has provided the Department of Environmental Quality (DEQ) a notice of intent to submit the necessary documents for a permit by rule for a small renewable energy project (solar) located in southeastern Isle of Wight County pursuant to 9VAC15-60. The project name is Carver Solar I; the DEQ project number is RE0000305.
The project location is 23093 Antioch Road, Windsor, VA 23487; the project is centered at Latitude 36.824472, Longitude -76.780965. The proposed project will have a maximum generating capacity of 91 megawatts alternating current on approximately 637 acres. The project includes the utilization of approximately 220,000 photovoltaic solar modules affixed to a single axis tracking system. The project developer is Hanwha Q CELLS USA Corp.
Contact Information: Amber Foster, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 774-8474, or email amber.foster@deq.virginia.gov.
Sunfish Solar LLC Notice of Intent for a Small Renewable Energy Project (Solar) Permit by Rule - Orange County
Sunfish Solar LLC has provided the Department of Environmental Quality (DEQ) a notice of intent to submit the necessary documents for a permit by rule for a small renewable energy project (solar) located in Orange County pursuant to 9VAC15-60. The project name is Sunfish Solar; the DEQ project number is RE0000306.
The project will be in northern Orange County, east of U.S. Route 522 (Zachary Taylor Highway) and south of the Rapidan River near the Orange County and Culpepper County border; the project will be centered at Latitude 38.335072, Longitude -77.938685. The proposed maximum generating capacity is 80 megawatts alternating current with approximately 588 acres of land disturbance and includes approximately 180,830 photovoltaic solar modules with an average of 580-watt panel rating. The project developer is BayWa r.e.
Contact Information: Amber Foster, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 774-8474, or email amber.foster@deq.virignia.gov.
Proposed Enforcement Action for Dickenson County Public Schools
The Department of Environmental Quality (DEQ) is proposing an enforcement action for Dickenson County Public Schools for violations of the State Water Control Law and regulations at the Ridgeview High and Middle School sewage treatment plant, 310 Wolfpack Way, Clintwood, Dickenson County, VA 24228. The proposed order is available from the DEQ contact listed or at https://www.deq.virginia.gov/permits/public-notices/enforcement-orders. The DEQ contact will accept comments by email or postal mail from February 12, 2024, through March 13, 2024.
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 Linco Inc.
The Department of Environmental Quality (DEQ) is proposing an enforcement action for Linco Inc. for violations of State Water Control Law and regulations in the City of Charlottesville. The proposed order is available from the DEQ contact or at https://www.deq.virginia.gov/permits/public-notices/enforcement-orders. The DEQ contact will accept written comments from February 12, 2024, to March 12, 2024.
Contact Information: Francesca Wright, Enforcement Specialist, Department of Environmental Quality, P.O. Box 3000, Harrisonburg, Virginia 22801, telephone (804) 543-7707, or email francesca.wright@deq.virginia.gov.
Proposed Enforcement Action for Oak Hill Academy
The Department of Environmental Quality (DEQ) is proposing an amended enforcement action for Oak Hill Academy for violations of the State Water Control Law and regulations at the Oak Hill Academy sewage treatment plant in Grayson County. The proposed order is available from the DEQ contact listed or at https://www.deq.virginia.gov/permits/public-notices/enforcement-orders. The DEQ contact will accept comments by email or postal mail from February 12, 2024, through March 13, 2024.
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 Prins Projects USA LLC
The Department of Environmental Quality (DEQ) is proposing an enforcement action for Prins Projects USA LLC for violations of State Water Control Law and regulations and applicable permit at the Germanna Highway facility located in Stevensburg, Virginia. The proposed consent order is available from the DEQ contact listed or at https://www.deq.virginia.gov/permits/public-notices. The DEQ contact will accept written comments from February 13, 2024 to March 14, 2024.
Contact Information: Katherine Mann, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email katherine.mann@deq.virgnia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Public Meeting and Opportunity for Public Comment for a Cleanup Study of the James, Maury, and Jackson Rivers in the Counties of Albemarle, Alleghany, Amherst, Appomattox, Augusta, Bath, Bedford, Botetourt, Buckingham, Campbell, Chesterfield, Craig, Cumberland, Fluvanna, Giles, Goochland, Greene, Hanover, Henrico, Highland, Montgomery, Nelson, Powhatan, and Roanoke, and the Cities of Buena Vista, Charlottesville, Covington, Lexington, Lynchburg, and Richmond
Purpose of notice: The Department of Environmental Quality (DEQ) seeks public comment on the development of a cleanup study, also known as a total maximum daily load (TMDL) report, for the James, Maury, and Jackson Rivers in the Counties of Albemarle, Alleghany, Amherst, Appomattox, Augusta, Bath, Bedford, Botetourt, Buckingham, Campbell, Chesterfield, Craig, Cumberland, Fluvanna, Giles, Goochland, Greene, Hanover, Henrico, Highland, Montgomery, Nelson, Powhatan, and Roanoke. The affected cities include Buena Vista, Charlottesville, Covington, Lexington, Lynchburg, and Richmond. This project effects streams located within the territories of DEQ's Blue Ridge, Valley, and Piedmont Regional Offices. These streams are listed as impaired since monitoring data does not meet Virginia's water quality standards for polychlorinated biphenyls (PCBs) in fish tissue. Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia requires DEQ to develop cleanup studies to address pollutants responsible for causing waters to be on Virginia's § 303(d) list of impaired waters. A component of a cleanup study is the wasteload allocation (WLA); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Code of Virginia for adoption of the WLA into the Water Quality Management Planning Regulation (9VAC25-720) after completion of the study. The adoption of the WLA may require new or additional requirements for entities holding a Virginia Pollutant Discharge Elimination System (VPDES) permit in the James, Maury, and Jackson Rivers watersheds.
A study has been completed for James, Maury, and Jackson River watersheds to identify pollutant sources and recommend reductions needed from the sources to meet water quality standards. At the meeting, DEQ will present the results of the study and provide an overview of the draft report. Citizens are invited to provide comment on the study.
Cleanup study location: The study area totals 4,342,969 acres (approximately 6,786 mi2), and consists of four TMDL watersheds: Jackson River, Maury River, Upper James River study area (from the head of the James near Iron Gate to the Bent Creek confluence), and Lower James River study area (from the Bent Creek confluence to I-95 James River Bridge in Richmond).
Previous TMDL public meetings and technical advisory committee meetings: The first public meeting to initiate this cleanup study was convened on January 12, 2021. Technical advisory committee meetings to assist in development of this cleanup study were convened on February 24, 2021, August 2, 2022, and November 2, 2022.
Public meeting: The final public meeting on the development of the cleanup study will be held at Thomas Jefferson Planning District Commission Water Street Center, 407 East Water Street, Charlottesville on February 15, 2024, at 5:30 p.m. In the event of inclement weather, the meeting will be held on February 20, 2024, at the same time and location.
Public comment period: February 15, 2024, to March 18, 2024.
How to comment: DEQ accepts written comments by email or postal mail. All comments must be received by DEQ during the comment period. Submittals must include the name, organization represented (if any), mailing addresses, and telephone numbers of the commenter or requester.
Contacts for public comments, document requests, and additional information:
Mark Richards, Department of Environmental Quality, Central Office, 1111 East Main Street, Suite 1400, Richmond, VA, telephone (804) 659-1126, or email mark.richards@deq.virginia.gov;
Aerin Doughty, Department of Environmental Quality, Blue Ridge Regional Office, 901 Russel Drive, Salem, VA, telephone (540) 988-3684; or email aerin.doughty@deq.virginia.gov for Alleghany, Amherst, Appomattox, Bedford, Botetourt, Campbell, Craig, Giles, Montgomery, Roanoke Counties, and the Cities of Covington and Lynchburg.
Denise Moyer, Department of Environmental Quality Piedmont Regional Office, 4949-A Cox Rd, Glen Allen, VA 23060, telephone (804) 527-5020, or email denise.moyer@deq.virginia.gov for Buckingham, Chesterfield, Cumberland, Goochland, Hanover, Henrico, Powhatan Counties, and the City of Richmond.
Nesha McRae, Department of Environmental Quality, Valley Regional Office, 4411 Early Road, Harrisonburg, VA, telephone (540) 217-7173, or email nesha.mcrae@deq.virginia.gov for Albemarle, Augusta, Bath, Fluvanna, Greene Highland, Nelson Counties, and the Cities of Buena Vista, Charlottesville, and Lexington.
The public may review the cleanup study at https://www.deq.virginia.gov/our-programs/water/water-quality/tmdl-development/tmdls-under-development/pcb-tmdls.
Contact Information: Mark Richards, Department of Environmental Quality, Central Office, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 659-1126, or email mark.richards@deq.virginia.gov.
BOARD OF PHARMACY
Notice of Scheduling Chemicals in Schedule I pursuant to § 54.1-3443 of the Code of Virginia
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 public hearing will be conducted at 9:05 a.m. on March 28, 2024. Instructions will be included in the agenda for the board meeting, also on March 28. Public comment may also be submitted electronically or in writing prior to March 28, 2024, to the contact listed at the end of the notice.
Pursuant to § 54.1-3443 D of the Code of Virginia, the Virginia Department of Forensic Science (DFS) has identified four compounds for recommended inclusion into Schedule I of the Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia).
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 of the Code of Virginia) in previous legislative sessions.
1-(1,3-benzodioxol-5-yl)-2-(isobutylamino)-1-pentanone (other name: N-isobutylpentylone), 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.
1-(1,3-benzodioxyl-5-yl)-2-(tert-butylamino)-1-pentanone (other name: N-tert-butyl pentylone), 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-Phenyl-N-propylcyclohexanamine (other names: N-(1-phenylcyclohexyl)propanamine, PCPr), 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 (subdivision 6 of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.
Methyl N-(1H-indazol-3-ylcarbonyl)-3-methyl-valinate (other name: MDMB-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, or email caroline.juran@dhp.virginia.gov.