STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Proposed 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 an opportunity for public comment on an application for proposed variances to the Human Rights Regulations submitted to the State Human Rights Committee (SHRC). The purpose of 12VAC35-115 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 12VAC35-115 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, the SHRC intends to submit a written decision deferring, disapproving, modifying, or approving each variance 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 the Virginia Register of Regulations.
Purpose of notice: The SHRC is seeking comment on the application for proposed new variances to the Human Rights Regulations for Central State Hospital (CSH). The request is itemized according to four distinct CSH policies.
Variance is requested to the following sections:
12VAC35-115-150: General Provisions.
12VAC35-115-175: Human Rights Complaint Process.
12VAC35-115-180: Local Human Rights Committee Hearing and Review Procedures.
12VAC35-115-190: Special Procedures for Emergency Hearings by the Local Human Rights Commission (LHRC).
12VAC35-115-200: Special Procedures for LHRC Reviews Involving Consent and Authorization.
12VAC35-115-210: State Human Rights Committee Appeals Procedures.
Explanation: CSH requests these variances to allow alternative procedures for addressing complaints by individuals in maximum security when the individual is not satisfied with the director's response so that the individual may file a final appeal directly to the CSH Maximum Security Appeals Committee.
Variance is requested to the following section:
12VAC35-115-100 A 1 c, Restrictions on Freedoms of Everyday Life, "freedom to have and spend personal money."
Explanation: Individuals who are receiving hospitalization under the civil admissions process in the maximum security perimeter may not keep any form of money on their person. The CSH variance to this regulation allows nonforensic patients to purchase items in a canteen and from external providers; however, individuals may not have money on their person.
Variance is requested to the following sections:
12VAC35-115-20 A 2, Policy, "Each individual who receives services shall be assured respect for basic human dignity."
12VAC35-115-50 C 3 a, Dignity, "each individual has the right to … reasonable privacy…."
Explanation: CSH cannot fulfill its duty to provide a safe environment for individuals who are high-risk in a secure forensic program through less intrusive means than routine "pat downs" of fully clothed individuals and proactive searches of individuals' bedroom areas. The CSH variance to this provision allows for routine pat downs of fully clothed nonforensic individuals in secure programs (i) before and after group movement within a secure perimeter; (ii) anytime an individual leaves the secure perimeter; (iii) or any time an individual has physical access to a visitor who is not an employee of CSH. This will allow proactive routine searches of individuals' bedrooms to identify contraband or breaches of safety and security.
Variance is requested to the following section:
12VAC35-115-50, Dignity:
Subdivision C 6, "each individual has the right to… communicate privately with any person by mail and have help in writing and reading mail, as needed."
Subdivision C 6 a, "An individual's access to mail may be limited only if the provider has reasonable cause to believe that the mail contains illegal material or anything dangerous. If so, the director or his designee may open the mail, but not read it, in the presence of the individual."
Subdivision C 7, "each individual has the right to… communicate privately with any person by telephone and have help in doing so."
Subdivision C 7 a, "An individual's access to the telephone may be limited only if, in the judgment of a licensed professional, communication with another person will result in demonstrable harm to the individual or significantly affect his treatment."
Explanation: The CSH variance allows for staff to open but not read mail and packages in the presence of the individual in the maximum security program. CSH also seeks to restrict individuals in the maximum security forensic program from communicating with each other by mail or telephone.
Any variances to 12VAC35-115 by a state facility listed are reviewed by the SHRC at least annually, including reports to the SHRC regarding the variances as requested.
Public comment period: July 4, 2022, through August 4, 2022.
How to comment: The SHRC accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DBHDS by the last day of the comment period. DBHDS shall provide comments to the SHRC. All information received is part of the public record.
To review a proposal: Variance applications and any supporting documentation may be obtained by contacting the DBHDS representative provided.
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
Colonial Solar Notice of Intent for Small Renewable Energy Project (Solar) - Prince William County
Holocene Finance 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 Prince William County. Colonial Solar will be located near the intersection of Fauquier Drive and Nokesville Road. Latitude and longitude coordinates are 38.691306, -77.614983. The project is located on approximately 90 acres and will have an approximate capacity of seven megawatts alternating current. The array will utilize approximately 16,500 solar modules mounted to a single-axis tracking system and will interconnect to the local distribution network.
Contact Information: Susan Tripp, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 664-3470, or email susan.tripp@deq.virginia.gov.
Endless Caverns South Solar Project Notice of Intent for Small Renewable Energy Project (Solar) - Rockingham County
Endless Caverns South Solar Project 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 Rockingham County. Endless Caverns South Solar Project will be located southeast of the Town of New Market, west of Mountain Valley Road, north of Hulings Lane, and south of Craney Island Road. Latitude and longitude coordinates are 38.609698, 78.680933. The proposed project is an approximately 15.68-megawatt alternative current photovoltaic (PV) ground-mounted solar facility. The footprint area of the project is approximately 354.996 acres. The solar array will use approximately 42,852 PV solar panels.
Contact Information: Susan Tripp, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 664-3470, or email susan.tripp@deq.virginia.gov.
Logmill Solar Notice of Intent for Small Renewable Energy Project (Solar) - Prince William County
Holocene Finance 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 Prince William County. Logmill Solar will be located near the intersection of Logmill Road and U.S. Route 15. Latitude and longitude coordinates are 38.904379, -77.640188. The project is located on approximately 234 acres and will have a maximum capacity of 20 megawatts alternating current. The array will utilize approximately 47,300 solar modules mounted to a single-axis tracking system and will interconnect to the local distribution network.
Contact Information: Susan Tripp, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 664-3470, or email susan.tripp@deq.virginia.gov.
Maples Solar Notice of Intent for Small Renewable Energy Project (Solar) - Fauquier County
Holocene Finance 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) into Fauquier County. Maples Solar will be located near the intersection of Sowego Road and Elk Run Road. Latitude and longitude coordinates are 38.603548, -77.585603. The project is located on approximately 200 acres and will have an approximate capacity of 15 megawatts alternating current. The array will utilize approximately 35,500 solar modules mounted to a single-axis tracking system and will interconnect to the local distribution network.
Contact Information: Susan Tripp, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 664-3470, or email susan.tripp@deq.virginia.gov.
Proposed Enforcement Action for Energix EPC US LLC
The Department of Environmental Quality (DEQ) proposes to issue a consent special order to Energix EPC US LLC for alleged violation of the State Water Control Law at the Buckingham Solar II LLC facility located at 23 Highrock Road in Buckingham County, Virginia. A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov/permit-regulations/public-notices/enforcement-orders. The staff contact will accept comments by email or postal mail from July 4, 2022, through August 4, 2022.
Contact Information: Matt Richardson, Department of Environmental Quality, 4949A Cox Road, Glen Allen, VA 23060, telephone (804) 659-2696, or email matthew.richardson@deq.virginia.gov.
Proposed Enforcement Action for George's Foods LLC
An enforcement action has been proposed for George's Foods LLC for violations at George's Foods facility at 1435 North Liberty Street, Harrisonburg, Virginia. The Virginia Department of Environmental Quality (DEQ) proposes to issue a consent order with penalty and Supplemental Environmental Projects to George's Foods 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 July 4, 2022, to August 3, 2022.
Contact Information: Eric Millard, Enforcement Specialist, Department of Environmental Quality, Valley Regional Office, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, FAX (804) 698-4178, or email eric.millard@deq.virginia.gov.
Proposed Enforcement Action for KTL Consulting Inc.
An enforcement action has been proposed for KTL Consulting Inc. for violations at the Evergreen Store sewage treatment plant in Sterling, Virginia. The Virginia Department of Environmental Quality (DEQ) proposes to issue a special order by consent to KTL Consulting Inc. to address noncompliance with the State Water Control Law and regulations and VPDES Permit Registration No. VAG406014. A description of the proposed action is available at the DEQ office listed or online at https://www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. Carla Pool will accept comments by email, fax, or postal mail from July 4, 2022, to August 3, 2022.
Contact Information: Carla Pool, Enforcement Adjudication Manager, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 664-3666, FAX (804) 698-4178, or email carla.pool@deq.virginia.gov.
Proposed Enforcement Action for ME Concrete Products Co. Inc.
An enforcement action has been proposed for ME Concrete Products Co. Inc. for violations of the State Water Control Law and regulations and applicable permit at the ME Concrete Products Company facility located in Catlett, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. The staff contact will accept comments by email or postal mail from July 5, 2022, through August 4, 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 Northern Virginia Electrical Cooperative
An enforcement action has been proposed for the Northern Virginia Electrical Cooperative for violations of the State Water Control Law and regulations and applicable permit at the Davis Drive electrical ductbank installation project located in Sterling, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. The staff contact will accept comments by email or postal mail from July 5, 2022, through August 4, 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.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Draft Durable Medical Equipment Provider Manual
The draft Durable Medical Equipment Provider Manual Chapter IV, 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 July 8, 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.
BOARD OF PHARMACY
Regulations Governing Pharmaceutical Processors
In accordance with Chapters 392 and 933 of the 2022 Acts of Assembly, the Board of Pharmacy is providing an opportunity to comment on draft proposed regulations for pharmaceutical processors that will be considered for adoption as an exempt action.
The proposed regulations have been drafted to conform to the 2022 legislation, which includes but is not limited to the elimination of mandatory patient registration, changes in allowable manufacturing and extraction of cannabis products, wholesale transactions of bulk cannabis, and marketing of cannabis products. The proposed regulations can be found on the Board of Pharmacy's website for review at https://www.dhp.virginia.gov/Pharmacy/pharmacy_laws_regs.htm.
Section 54.1-3442.6 of the Code of Virginia requires that the board provide a 60-day comment period prior to adopting regulations related to pharmaceutical processors. The 2022 legislation requires the board to amend the regulations by September 15, 2022. Therefore, the Board of Pharmacy will adopt the regulations at its scheduled meeting on September 6, 2022.
The board will receive public comment on these proposed regulations from July 8, 2022, to September 6, 2022. However, commenters are strongly encouraged to submit comments by August 12, 2022, in order to have them included in the board's agenda package and adequately considered for the September 6 meeting.
Comments may be sent to Erin L. Barrett, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4688, FAX (804) 915-0382, or email erin.barrett@dhp.virginia.gov.
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.
STATE WATER CONTROL BOARD
Availability of and Opportunity for Public Comment on the 2022 Water Quality Assessment Integrated Report
The Virginia Department of Environmental Quality (DEQ) will release the Draft 2022 Water Quality Assessment Integrated Report (Integrated Report) on July 4, 2022, for public comment.
The Integrated Report combines the 305(b) Water Quality Assessment and the 303(d) Report on Impaired Waters. Both are required by the Federal Clean Water Act and the Virginia Water Quality Monitoring Information and Restoration Act. The report will be available for download on the department's website at https://www.deq.virginia.gov/water/water-quality/assessments/integrated-report throughout the public comment period, which will end August 5, 2022.
A public webinar summarizing the Integrated Report is scheduled for July 13, 2022, at 10 a.m. The public is invited to submit questions pertaining to the report during this event. All submitted questions will be addressed in a "FAQ" document that will be subsequently posted on the DEQ webpage. Registration information for the webinar can be found at https://register.gotowebinar.com/register/352728150776986124.
Written comments on the draft Integrated Report can be sent to the contact person listed. Please include name, (U.S. mail) address, telephone number, and email address of the commenter.
Contact Information: Sandra Mueller, Office of Water Monitoring and Assessment, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1388, FAX (804) 698-4178, or email sandra.mueller@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.