STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Withdrawal of Variance Request to the State Human Rights Committee
A request to the State Human Rights Committee (SHRC) for variance 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by the Department of Behavioral Health and Developmental Services, published 39:9 VA.R. 1286 December 19, 2022, was withdrawn by the requester (RI International Chantilly Crisis Center) on February 21, 2023. Therefore, no decision or announcement of a decision on a request for variance by the SHRC is necessary.
Contact Information: Taneika Goldman, Director, Office of Human Rights, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, 4th Floor, Richmond, VA 23219, telephone (804) (804) 371-0064, FAX (833) 734-1241, or email taneika.goldman@dbhds.virginia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Proposed Enforcement Action for G and C Fab-Con LLC - Prince William County
An enforcement action has been proposed for G and C Fab-Con LLC for violations of State Water Control Law and regulations at the Quantico National Cemetery in Prince William County, 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 staff contact will accept written comments from March 13, 2023, through April 12, 2023.
Contact Information: Kristen Sadtler, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, or email kristen.sadtler@deq.virginia.gov.
Proposed Enforcement Action for Hourigan Construction Corp. - Virginia Beach
An enforcement action has been proposed for Hourigan Construction Corp. for violations of State Water Control Law at Joint Expeditionary Base Little Creek - Fort Story, Virginia Beach, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov from March 13, 2023, through April 12, 2023.
Contact Information: Thomas Jackson, Enforcement Specialist, Department of Environmental Quality, 5636 Southern Boulevard, Virginia Beach, VA 23462, or email thomas.jackson@deq.virginia.gov.
Proposed Consent Order for Kennington Place LLC - King William County
An enforcement action has been proposed for Kennington Place LLC for violations in King William County, Virginia. The Department of Environmental Quality proposes to issue a consent order to resolve violations associated with the Kennington Section 3 site. 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 hand-delivery, email, fax, or postal mail from March 13, 2023, to April 13, 2023.
Contact Information: Matthew Richardson, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 659-2696, FAX (804) 698-4178, or email matthew.richardson@deq.virginia.gov.
Proposed Enforcement Action for Nelson County Service Authority - Schuyler
An enforcement action has been proposed for Nelson County Service Authority (NCSA) for the Schuyler sewage treatment plant. The Department of Environmental Quality (DEQ) proposes to issue an amendment with injunctive relief to NCSA to address upgrade requirements at the plant. 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 March 13, 2023, through April 12, 2023.
Contact Information: Celeste Horton, Enforcement Specialist, Department of Environmental Quality, Valley Regional Office, 4411 Early Road, Harrisonburg, VA 22801, FAX (804) 698-4178, or email celeste.horton@deq.virginia.gov.
Proposed Enforcement Action for Nelson County Service Authority - Wintergreen Mountain
An enforcement action has been proposed for Nelson County Service Authority (NCSA) for the Wintergreen Mountain wastewater treatment plant. Department of Environmental Quality (DEQ) proposes to issue an amendment with injunctive relief to NCSA to address upgrade requirements at the plant. 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 March 13, 2023, through April 12, 2023.
Contact Information: Celeste Horton, Enforcement Specialist, Department of Environmental Quality, Valley Regional Office, 4411 Early Road, Harrisonburg, VA 22801, FAX (804) 698-4178, or email celeste.horton@deq.virginia.gov.
Proposed Consent Order for the City of Richmond
An enforcement action has been proposed for the City of Richmond for violations in Richmond, Virginia. The Department of Environmental Quality proposes to issue a consent order to resolve violations associated with the Richmond wastewater treatment plant. 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/enforcement-orders. The staff contact will accept comments by hand-delivery, email, or postal mail from March 13, 2023, to April 13, 2023.
Contact Information: Matthew Richardson, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 659-2696, FAX (804) 698-4178, or email matthew.richardson@deq.virginia.gov.
Proposed Enforcement Action for Sun Tribe Solar LLC - Fluvanna County
An enforcement action has been proposed for Sun Tribe Solar LLC for violations of State Water Control Law and regulations at the Cunningham Solar Project in Fluvanna 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 March 13, 2023, through April 12, 2023.
Contact Information: Kristen Sadtler, Water Enforcement Coordinator, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, or email kristen.sadtler@deq.virginia.gov.
Proposed Enforcement Action for Virginia Electric and Power Co. d/b/a Dominion Energy Virginia - York County
An enforcement action has been proposed for Virginia Electric and Power Co. d/b/a Dominion Energy Virginia for violations of State Water Control Law in York County, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov from March 13, 2023, through April 12, 2023.
Contact Information: Russell Deppe, Enforcement Specialist, Department of Environmental Quality, 5636 Southern Boulevard, Virginia Beach, VA 23462, telephone (757) 647-8060, FAX (804) 698-4178, or email russell.deppe@deq.virginia.gov.
FORENSIC SCIENCE BOARD
Approval of Field Tests for the Detection of Drugs
In accordance with 6VAC40-30, Regulations for the Approval of Field Tests for Detection of Drugs, and under the authority of the Code of Virginia, the Department of Forensic Science recently approved the following presumptive mobile instrument for the detection of drugs:
THERMO SCIENTIFIC
2 RADCLIFF ROAD
TEWKSBURY, MASSACHUSETTS 01876
TruNarcTM Handheld Narcotics Analyzer
This presumptive mobile instrument is approved in addition to the chemical field tests most recently published in the General Notices section of the Virginia Register of Regulations, 39:12 VA.R. 1519-1523 January 30, 2023.
Contact Information: Amy Jenkins, Department Counsel, Department of Forensic Science, 700 North 5th Street, Richmond, VA 23219, telephone (804) 786-6848, FAX (804) 786-6857.
STATE BOARD OF HEALTH
Opportunity to Submit Applications - Drinking Water State Revolving Funds
The Virginia Department of Health (VDH) announces several opportunities for funding drinking water infrastructure. Applications may be submitted year-round; however, VDH will conduct one round of evaluations submitted by the deadlines described in this notice. Applications postmarked or received after the due date will be considered for funding in the following round. Funding is possible through the Drinking Water State Revolving Fund (DWSRF) Program, the Bipartisan Infrastructure Law (BIL), and the Water Supply Assistance Grant Fund (WSAG) Program if funds are available.
The fiscal year 2024 (FY2024) DWSRF Intended Use Plan (IUP) will use stakeholder input for decision-making. The BIL funds are broken into three different categories: DWSRF Supplemental, which has all the same eligibilities as the base DWSRF Program; DWSRF Lead Service Line, which is explained in item 4 of this notice; and DWSRF Emerging Contaminants, which is focused on perfluoroalkyl and polyfluoroalkyl substances (PFAS), but also includes the contaminants listed in the draft Fifth Contaminant Candidate List (CCL 5).
1. Public Comments and Set-Aside Suggestions Invited (Submission deadline May 5, 2023): To identify ways to improve this program, VDH seeks meaningful input from the public, the waterworks industry, or any other interested party. Anyone may make comments or recommendations to support or revise the program. Anyone can suggest new or continuing set-aside (nonconstruction) activities. Set-aside funds help VDH assist waterworks owners prepare for future drinking water challenges and ensure the sustainability of safe drinking water.
2. Construction, Consolidation, and Refinance Fund Requests (BIL and DWSRF Application deadline May 5, 2023): Owners of community waterworks and nonprofit non-community waterworks are eligible to apply for construction funds. VDH makes selections based on criteria described in the DWSRF Program Design Manual, such as existing public health problems, noncompliance, affordability, regionalization, and the availability of matching funds. VDH anticipates a funding level of approximately $40 million for BIL funding and $25 million in DWSRF funding. The funds can be used with the DWSRF Base Program, BIL Supplemental, and BIL Emerging Contaminants
3. 1452(k) Source Water Protection Initiatives (Application deadline May 5, 2023): Loan funds are available to (i) community and nonprofit non-community waterworks to acquire land or conservation easements, and (ii) community waterworks to establish local voluntary incentive-based protection measures.
4. Lead Service Line (LSL) Replacement Program (BIL and DWSRF Application Inventory deadline is quarterly) and LSL Replacement Program: (BIL and DWSRF Application construction deadline is May 5, 2023): To accelerate the removal of lead in drinking water, the DWSRF Program provides funding for the complete removal of the public or private portion of LSLs. In conjunction with other available funds, $2 million is set aside annually, to provide up to $5,000 dollars as grant funds (of which up to $500 may be eligible as an administrative fee) for each service line replaced on the homeowner's side of the meter. The LSL includes pipe entry into the structure (up to shut-off valve) but excludes the premise plumbing. Maximum amount of grant funding is $500,000 per funding year. In addition, up to $250,000 is available annually for LSL inventory building until investigative LSL work is complete. VDH anticipates a funding level of approximately $42 million under BIL for larger infrastructure work.
Please note that in the interest of providing funding for inventory development prior to the U.S. Environmental Protection Agency (EPA) deadline of October 16, 2024, application review and scoring will occur on a quarterly basis for inventory development only.
5. Planning and Design Funds (Accepted year-round): Owners of community waterworks and nonprofit non-community waterworks with projects serving populations of 10,000 or less are eligible to apply for planning and design funds. Waterworks may submit up to three applications per funding cycle, however only two per waterworks owner may be selected for funding. The maximum award per application is $45,000 as a grant. Projects that address conditions at a waterworks that do not comply with the Waterworks Regulations or operation permit and result in acute health risks receive the highest priority for funding, then noncompliance and chronic health risks, and then noncompliance and broader public health concerns.
The VDH's DWSRF Program Design Manual describes the features of these described opportunities for funding. After receiving public input, VDH will develop an IUP for public review and comment. The IUP will describe specific details for use of the funds. A public meeting is planned and written comments will be accepted before submittal of a final version to EPA for approval.
Applications, set-aside suggestion forms, program design manuals, and information materials are available at https://www.vdh.virginia.gov/drinking-water/fcap/drinking-water-funding-program/.
Please direct questions, comments, and information to the agency contact listed.
Contact Information: Kelly Ward, Director, Financial Construction and Assistance, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7500, or email kelly.ward@vdh.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.