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 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 these regulations 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 a proposed new variance to the Human Rights Regulations for Western State Hospital.

Variance is requested to the following section:

12VAC35-115-50: Dignity. Specifically, 12VAC35-115-50 C 6 a, which states, "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."

Explanation: Contraband is an ongoing issue at Western State Hospital, and patients can be sent anything in the mail. Envelopes could contain unsafe objects, and packages may include items that could be used to harm staff or inflict self-harm. Western State Hospital feel that by opening all patient mail well inside the nursing station, and away from the door, while in full view of surveillance cameras, this still allows patients to confirm what is in the mail while preserving staff ability to safely and promptly intervene if there is contraband. Western State Hospital staff would not open the mail, including letters, without patients being present and in full view of the opening. Western State Hospital will also make sure that when opening letters, no confidential information will be read. Opening the letters will only establish that there is no contraband contained within the letters.

This request was prompted by a recent incident that highlighted serious potential risks. As such, Western State Hospital obtained approval from the DBHDS Commissioner, State Human Rights Director, and SHRC Chair in accordance with 12VAC35-115-220, to implement this request as a temporary variance pending approval pursuant to the full application process. The temporary variance was implemented December 16, 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 will provide the 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 listed in this notice.

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

Proposed Amended Consent Order for the BVU Authority - City of Bristol and Washington County

An amended enforcement action has been proposed for the BVU Authority for violations of the State Water Control Law in the City of Bristol and Washington County, Virginia. The proposed amendment to the order by consent 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 February 27, 2023, through March 29, 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 Consent Order for Fiberlight LLC and Reel Broadband LLC - City of Charlottesville

An enforcement action has been proposed for Fiberlight LLC and Reel Broadband LLC for violations of State Water Control Law and regulations in the City of Charlottesville and Albemarle, Culpeper, Fauquier, Loudoun, and Prince William Counties, Virginia. The proposed consent 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 February 27, 2023, through March 29, 2023.

Contact Information: Kristen Sadtler, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, email kristen.sadtler@deq.virginia.gov.

Proposed Consent Order for Northern Virginia Baptist Center - Prince William County

An enforcement action has been proposed for the Northern Virginia Baptist Center to amend a consent order previously issued for violations of State Water Control Law and regulations at the Northern Virginia Baptist Center located in Prince William County, 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 February 28, 2023, through March 29, 2023.

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

Intent to Approve Revised Advance Credit Fee Schedules in Several River Basins for Use by the Virginia Aquatic Resources Trust Fund (VARTF)

Pursuant to 9VAC25-210-116 D, the Department of Environmental Quality is giving notice of its intent to approve revised advance credit fee schedules in several river basins for use by the Virginia Aquatic Resources Trust Fund (VARTF). VARTF is an approved in-lieu fee mitigation program (ILF Program), sponsored and operated by The Nature Conservancy (sponsor). This public notice is specific to the sponsor's 2023 request to increase their fee schedule in several basins, based on rising costs of existing VARTF projects and recent bids on mitigation related activities and credit purchases.

The department intends to approve the 2023 revised fee schedules. State regulation specifies that an ILF Program must have a "mechanism to establish fee amounts that will ensure each contribution will be adequate to compensate for the wetland acreage and functions or stream functions and water quality benefits lost in the impacted watershed." In the provided "VARTF Advance Credit Fee Schedule" document, VARTF describes the circumstances leading to the requested 2023 revised fee schedules in each river basin.

A copy of this public notice and the VARTF 2023 revised fee schedules will be available on February 27, 2023, on the DEQ website Wetlands and Streams Public Notice page, under the Permits and Regulatory section at https://www.deq.virginia.gov/permits-regulations/public-notices/water/wetlands-streams.

Statutory Authority: § 62.1-44.15:20-23 of the Code of Virginia; 9VAC25-210-116 D of the Virginia Administrative Code.

Public Comment Deadline: March 29, 2023.

Contact Information: Dave Davis, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4105, FAX (804) 698-4178, or email vwppublicnotices@deq.virginia.gov.

Announces the Availability of the 2023 Annual Monitoring Plan

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) is announcing the availability of the 2023 Water Quality Monitoring Plan (MonPlan). The 2023 MonPlan is available on the agency's website at https://www.deq.virginia.gov/water/water-quality/monitoring/water-quality-monitoring-plan.

An interactive map of the 2023 monitoring plan stations will be posted in mid-February through DEQ's online GIS map viewer at https://apps.deq.virginia.gov/EDM/.

Background: Every year, DEQ staff from the agency's six regional offices collect water samples for testing from more than 1,500 locations across the Commonwealth. The agency's various monitoring activities for each calendar year are outlined in the annual statewide MonPlan.

2023 MONPLAN: The 2023 MonPlan summarizes DEQ's water quality monitoring activities to be conducted from January 1 through December 31, and is developed for the purpose of implementing the goals and objectives of DEQ's Water Quality Monitoring Strategy. This water quality information is presented in compliance with the Virginia Water Quality Monitoring, Information and Restoration Act (§ 62.1-44.19:5 of the Code of Virginia) to help ensure public awareness of water quality issues and conditions. The 2023 MonPlan contains detailed information on DEQ's monitoring activities, including the station locations, specific conditions, frequency of monitoring, and costs.

Contacts for more information: Requests for more information on the 2023 MonPlan can be directed to Roger Stewart at (804) 659-1384 or roger.stewart@deq.virginia.gov. Additional information is also available on DEQ's Water Quality Monitoring website at https://www.deq.virginia.gov/water/water-quality/monitoring.

Citizen Nominations for the 2024 Monplan: Citizens can nominate portions of lakes, streams, and rivers of Virginia for water quality monitoring by DEQ. Nominations received on or before April 30, 2023, will be considered for inclusion in DEQ's 2024 MonPlan. More information on the citizen nomination process is available on DEQ's Citizen Monitoring website at https://www.deq.virginia.gov/water/water-quality/monitoring/citizen-monitoring. Contact Meighan Wisswell at telephone (571) 866-6494 or citizenwater@deq.virginia.gov for more information.

Contact Information: Roger Stewart, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23218, telephone (804) 659-1384, FAX (804) 698-4178, or email roger.stewart@deq.virginia.gov.

Woodridge Solar Project Notice of Intent for Small Renewable Energy Project (Solar) - Albemarle County

Woodridge 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 Albemarle County. Woodridge Solar will be located along Secretarys Road near Woodridge. Latitude and longitude coordinates are 37.882386, -78.47275. The proposed project is an approximately 138-megawatt alternating current photovoltaic ground-mounted solar facility. Woodridge Solar will be sited on approximately 600 acres across a larger collection of parcels approximately comprising 2,300 acres. The project conceptually consists of approximately 330,000 545-watt modules paired with 45 3.43-mVA inverters.

Contact Information: Susan Tripp, Renewable Energy Permit by Rule Coordinator, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, telephone (804) 664-3470, FAX (804) 698-4178, or email susan.tripp@deq.virginia.gov.

DEPARTMENT OF GENERAL SERVICES

Request for Comments on Revision to Fees for Drinking Water Certification

Purpose of notice and background information: The Division of Consolidated Laboratory Services (DCLS) is seeking comment on the revision to fees charged for certifying drinking water laboratories under 1VAC30-41-270 to be effective May 1, 2023, through April 30, 2024.

1VAC30-41-270 I 2 requires DCLS to increase or decrease annually the fees charged for certifying drinking water laboratories using the Consumer Price Index-Urban percentage change, average to average for the previous calendar year published by the U.S. Bureau of Labor Statistics in January. The percentage change, average to average for 2022 is an additional 8.0%. See the table labeled "Historical Consumer Price Index for All Urban Consumers (CPI-U): U.S. city average, all items, index averages" at https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-202212.pdf.

The revised fees are exempt from the requirements of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). The Budget of the Commonwealth of Virginia (Chapter 2 of the 2022 Acts of Assembly, Special Session I) in Part I, Item 80, at C 3 a requires DCLS to provide notice and an opportunity to submit written comments on the revised fees.

The notice of fees for May 1, 2023, through April 30, 2024, will be published on the DCLS drinking water laboratory certification webpage after consideration of submitted comments.

Public comment period: February 27, 2023, through March 28, 2023.

How to comment: DCLS 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 DCLS by the last day of the comment period. All materials received are part of the public record. Email comments should be sent to rhonda.bishton@dgs.virginia.gov. The number for faxed comments is (804) 371-8305. Written comments should be sent to Rhonda Bishton, Regulatory Coordinator, Department of General Services, Attn: DCLS DW Fee Comments, 1100 Bank Street, Richmond, VA, 23219.

NOTICE OF FEES FOR MAY 1, 2023 THROUGH APRIL 30, 2024

DCLS requests comments on the revised fees in the notice below.

HOW FEES ARE CALCULATED

DCLS calculates a laboratory's total fee by adding the fees for the number of test methods in each category in the fee table for which the laboratory is certified or applies to be certified. Contact lab_cert@dgs.virginia.gov for more information about the fee category for a specific method.

ADDITIONAL FEES

Additional fees apply when a laboratory:

Applies for modification of certification under 1VAC30-41-110.

Is moving its location when the move requires DCLS to perform an onsite assessment.

Requests reinstatement of certification when DCLS requires an onsite assessment.

Hourly review fee and calculation of total fee: The fee to be charged is the sum of the total hourly charges for all reviewers plus any onsite assessment costs incurred. The hourly charge per reviewer is $77. The charge per reviewer is determined by multiplying the number of hours expended in the review by $77.

Onsite review and travel expenses: If an onsite review is required, travel time and onsite review time will be charged at the same hourly rate of $77 and any travel expenses will be added.

WHEN TO PAY

Payment is due at the time the application is made or annually thereafter upon receipt of the invoice from DCLS. Annual billing precedes the expiration of the current certificate.

HOW TO PAY

Fees may be paid by check, draft, or postal money order payable to the Treasurer, Commonwealth of Virginia, or submitted electronically, if available. Payment must be in United States currency, except that agencies and institutions of the Commonwealth of Virginia may submit interagency transfers for the amount of the fee. Laboratories may also pay fees using credit cards. All fees must be sent to the following address, or submitted electronically, if available: DCLS, Attn: Lab Certification, 600 North 5th Street, Richmond, VA 23219. A fee payment form is available on the Drinking Water page of the DCLS website at www.dgs.virginia.gov/dcls.

Contact Information: Rhonda Bishton, Executive Administrative Assistant, 1100 Bank Street, Suite 420, Richmond, VA 23219, telephone (804) 786-3311, FAX (804) 371-8305.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Draft Addiction and Recovery Treatment Services Provider Manual Chapter V

The draft Addiction and Recovery Treatment Services Provider Manual Chapter V 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.

Draft CCC Plus Waiver Provider Manual Chapter V

The draft CCC Plus Waiver Provider Manual Chapter V 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 March 1, 2023.

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 Hospital Provider Manual Appendix E

The draft Hospital Provider Manual Appendix E 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 March 10, 2023.

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, TDD (800) 343-0634, or email meredith.lee@dmas.virginia.gov.

STATE WATER CONTROL BOARD

Opportunity for Public Comment Period and Public Hearing on the Draft Virginia Erosion and Stormwater Management Regulation

Introduction: Chapters 68 and 758 of the 2016 Acts of Assembly combine the Department of Environmental Quality's (DEQ) existing statutory programs relating to soil erosion and sediment control and stormwater management. The ninth enactment directs the State Water Control Board to adopt regulations to carry out the purposes of the Chapters 68 and 758.

In accordance with the ninth enactment, DEQ provided a Notice of Intended Regulatory Action (35:12 VA.R. 1399 February 4, 2019), formed a 25-member stakeholders advisory group to assist in the development of the regulation, and held seven public meetings with the advisory group between June 18, 2019, and September 13, 2022. Through the stakeholder engagement process, DEQ has developed draft regulations to satisfy the requirements of Chapters 68 and 758. The purpose of this general notice is to invite the public to review and comment on the draft regulations before they are presented to the board for adoption.

Development of Draft Regulation: The draft Virginia Erosion and Stormwater Management Regulation (9VAC25-875) consolidates requirements of the current Erosion and Sediment Control Regulations (9VAC25-840); Erosion and Sediment Control and Stormwater Certification Regulations (9VAC25-850); and Virginia Stormwater Management Program (VSMP) Regulation (9VAC25-870) into one chapter of the Virginia Administrative Code. Through consolidation of the three chapters, the new regulation clarifies program requirements, eliminates redundancies, and corrects inconsistencies between erosion and sediment control regulations and stormwater management plan regulations. No substantive changes to existing erosion and sediment control minimum standards or to the post-construction stormwater management technical criteria are part of this regulatory action.

In conjunction with the creation of the Virginia Erosion and Stormwater Management Regulation, the board intends to repeal the Erosion and Sediment Control Regulation (9VAC25-840); Erosion and Sediment Control and Stormwater Certification Regulation (9VAC25-850); and Virginia Stormwater Management Program Regulation (9VAC25-870) in their entirety. Additionally, in response to the creation of Chapter 875 (and the repeal of Chapters 840, 850, and 870), citations and references in Chesapeake Bay Preservation Area Designation and Management Regulations (9VAC25-830); General VPDES Permit for Discharges of Stormwater from Construction Activities (9VAC25-880); and General VPDES Permit for Discharger of Stormwater from Small Municipal Separate Storm Sewer Systems (9VAC25-890) are being revised to reference the new Chapter 875 citations.

DEQ seeks public comment on the draft Virginia Erosion and Stormwater Management Regulation prior to presenting the regulation to the board for final adoption. DEQ will prepare a written summary of comments received on the draft regulation and the agency's responses prior to presenting the regulation to the board for adoption.

The ninth enactment exempts the regulations that are adopted to implement Chapters 68 and 758 from the requirements of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

The draft regulatory language for public comment and additional information is available from the DEQ website at https://www.deq.virginia.gov/water/stormwater.

Public Hearing: In accordance with the Notice of Intended Regulatory Action (35:12 VA.R. 1399 February 4, 2019), DEQ will hold a hearing at 10 a.m. on Wednesday, March 15, 2023, Bank of America Building, 3rd Floor Conference Room, 1111 East Main Street, Richmond, Virginia 23219.

Public Comment Period: February 8, 2023, to April 10, 2023.

How to Comment: Anyone wishing to submit comments may do so through the Public Comment Forums feature of the Virginia Regulatory Town Hall at https://townhall.virginia.gov. Members of the public may also submit comments by mail, email, or fax to the contact listed at the end of this notice.

DEQ will accept written and oral comments at the public hearing. All comments must be received by DEQ during the comment period. Written comments must include the name, organization represented (if any), mailing address or email address, and telephone number of the commenter.

Contact Information: Scott Van Der Hyde, Regulatory Analyst, P.O. Box 1105, Richmond, VA 23218, or hand delivery to Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 659-1541, FAX (804) 698-4178, or email scott.vanderhyde@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.