STATE AIR POLLUTION CONTROL BOARD
Public Comment Opportunity on Draft Permit from the Department of Environmental Quality to Limit Air Pollution Emitted by a Facility in Henrico County, Virginia
Purpose of notice: To seek public comment on a draft permit from the Department of Environmental Quality (DEQ) to limit air pollution emitted by a facility in Henrico County, Virginia.
Public comment period: June 14, 2023, to July 14, 2023
Permit name: Federal Operating Permit issued by DEQ, pursuant to applicable air laws and regulations
Applicant name and address: Virginia Electric and Power Company, 120 Tredegar Street, 3rd Floor Clearinghouse, 3.147, Richmond, VA 23219
Facility name, address, and registration number: Dominion Energy, Darbytown CT Station; 6001 Fergus Boulevard, Henrico, VA 23231; Registration #50997
Project description: Virginia Electric and Power Company has applied for renewal of the permit for the Darbytown CT Station. The facility is classified as a major source of air pollution. The permit would allow the source to operate various fuel-burning equipment, including dual fuel combustion turbines, an emergency engine-generator, and a parts washer.
How to comment or request a public hearing: DEQ accepts comments and requests for public hearing by hand-delivery, email, fax, or postal mail. All comments and requests must be in writing and be received by DEQ during the comment period. Submittals must include the names, mailing addresses, or email addresses of the commenter or requester and of all persons represented by the commenter or requester. A request for public hearing must also include (i) the reason why a public hearing is requested; (ii) a brief, informal statement regarding the nature and extent of the interest of the requester or of those represented by the requestor, including how and to what extent such interest would be directly and adversely affected by the permit; and (iii) specific references, where possible, to terms and conditions of the permit with suggested revisions. Please note this draft permit is being concurrently reviewed as a proposed permit by the U.S. Environmental Protection Agency. A public hearing may be held, including another comment period if public response is significant, based on individual requests for a public hearing, and there are substantial, disputed issues relevant to the permit.
The public may review the draft permit and application at the DEQ office listed by appointment or may request copies of the documents from the contact person listed. Contact the agency staff listed for public comments, document requests, and additional information.
Contact Information: Anthony Faddoul, Department of Environmental Quality, Piedmont Regional Office, 4949 Cox Road, Glen Allen, VA 23060, telephone (804) 489-1769, FAX (804) 698-4178, or email anthony.faddoul@deq.virginia.gov.
STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Public Comment Opportunity for Proposed Renewal of Variances to 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 applications for proposed renewal of existing variances to the Human Rights Regulations. 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, DBHDS intends to submit a written decision deferring, disapproving, modifying, or approving each variance renewal 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.
Purpose of notice: DBHDS is seeking comment on the applications for proposed renewal of the following existing variances to the Human Rights Regulations at five private providers.
I. Variance to Procedures to Ensure Dignity. 12VAC35-115-50 C 7 and C 8: In order to maintain the safety and security of residents (youth) the programs restrict communication via telephone and visitation to only those placed on a list generated at admission with input from the parent or legal guardian and the resident and the clinical treatment team, if applicable.
1. Holiday House of Portsmouth (12VAC35-115-50 C 8 only).
2. The Barry Robinson Center.
3. Kempsville Center for Behavioral Health.
4. Newport News Behavioral Health Center.
II. Variance to Procedures for Restrictions on Freedoms of Everyday Life. 12VAC35-115-100 A 1 a and A 1 g: In order to utilize a point level system (Behavior Management Model) affecting movement of an individual within the service setting (grounds, community, purchases in program store).
1. Harbor Point Behavioral Health Center.
2. Kempsville Center for Behavioral Health (requiring an individual earn points through a level system in order to access the store).
3. Newport News Behavioral Health Center (12VAC35-115-100 A 1 a only).
III. Variance to Procedures for Use of Seclusion, Restraint, and Time Out. 12VAC35-115-110 C 16: In order to utilize time out as part of the unit restriction policy. Kempsville Center for Behavioral Health. (At times deemed necessary due to unsafe behaviors, to provide additional safety and security measures by preventing movement by an individual from that individual's assigned unit for periods longer than 30 minutes.)
Variances to these regulations by the providers listed are reviewed by the SHRC at least annually, with reports to the State Human Rights Committee (SHRC) regarding the variances as requested. These proposed variance renewals are expected to be considered by the SHRC at its meeting on August 17, 2023.
Public comment period: July 3, 2023, through August 1, 2023.
Description of proposal: The proposed variance applications for renewal must comply with the general requirements of Part VI, Variances (12VAC35-115-220), of the Human Rights Regulations.
How to comment: In addition to the online forum, DBHDS also 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. 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.
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) 734-2308, or email taneika.goldman@dbhds.virginia.gov.
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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 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. All variances shall be approved for a specific time period. The decision and reasons for variance are described.
Purpose of notice: After considering all available information, at its meeting on April 13, 2023, the SHRC voted to approve the application for variances to the Human Rights Regulations for the DBHDS Western State Hospital for a one-year period, with quarterly updates to both the local human rights committee and SHRC. Updates must include data about the number of instances when unapproved items (contraband) were identified; types of unapproved items identified; all complaints, incidents, or injuries directly related to the implementation of the variance; and any instances where staff did not implement the variance according to policy.
Variance is requested to the following section: 12VAC35-115-50 C 6 a: Dignity. Specifically, the subdivision 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 the director's 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 staff believe that by opening all patient mail well inside the nurse's 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's 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, but will only establish that there is no contraband contained with 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 State Human Rights Committee 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.
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.
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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 (12VAC35-115)
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 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. All variances shall be approved for a specific time period. The decision and reasons for variance are described.
Purpose of notice: After considering all available information, at its meeting on April 13, 2023, the SHRC voted to not approve the application for variance to the Human Rights Regulations for Recovery Innovations, also known as "RI" or DBA "RI International."
Variance to Procedures for Use of Seclusion: 12VAC35-115-110 C 3: Use of Seclusion, Restraint, and Time Out. Specifically, the subdivision states, "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 RI International Chantilly Crisis Center is the first Crisis Now facility in Virginia. Access to a seclusion room is standard in the Crisis Now facility model, as part of a continuum of enhanced treatment tools. RI International reports that access to a seclusion room is a mandatory safety measure that is required to operate as a Crisis Now facility and to be able to accept any individual who needs behavioral health crisis services regardless of the individual's level of agitation or clinical symptoms.
RI International requests a variance to allow use of a seclusion room to provide a "dignified clinically appropriate alternative approach to crisis management without the stigma associated with inpatient admission or criminalization."
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.
STATE BOARD OF EDUCATION
Public Hearing on the Draft 2023 Mathematics Standards of Learning
The State Board of Education will hold public hearings regarding the revisions to the 2016 Mathematics Standards of Learning. The Standards of Learning identify academic content for essential components of the mathematics curriculum at different grade levels for Virginia's public schools. The Draft 2023 Mathematics Standards of Learning can be accessed on the Virginia Department of Education's website.
Public comment regarding the Draft 2023 Mathematics Standards of Learning may be submitted using the Draft 2023 Mathematics Standards of Learning – Public Comment Form or via email to vdoe.mathematics@doe.virginia.gov no later than Wednesday, August 9, 2023.
Public comment may also be provided by speaking at one of nine public hearings. Speakers will have three minutes to speak and should bring copies of their comments for the Board of Education. Public hearings will be held both in-person and virtually.
Additional information about participating in a public hearing regarding the Draft 2023 Mathematics Standards of Learning is available on the Revisions to the 2016 Mathematics Standards of Learning webpage.
For additional information about the proposed revised Mathematics Standards of Learning, contact Tina Mazzacane by email at tina.mazzacane@doe.virginia.gov.
Contact Information: Jim Chapman, Director of Board Relations, Department of Education, James Monroe Building, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 225-2540.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Proposed Enforcement Action for Chaney Enterprise Limited Partnership
The Department of Environmental Quality (DEQ) proposes to issue a consent special order to Chaney Enterprise Limited Partnership for alleged violations of the Virginia Air Pollution Control Law at the facility located at 5901 Richmond Henrico Turnpike, Richmond, Virginia (Latitude 37.6032, Longitude -77.4165). A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov. The agency contact will accept comments by email or postal mail from July 3, 2023, to August 2, 2023.
Contact Information: Cara Witte, Enforcement Specialist, Department of Environmental Quality, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 712-4192, FAX (804) 698-4178, or email cara.witte@deq.virginia.gov.
Proposed Enforcement Action for the City of Covington
Department of Environmental Quality (DEQ) is proposing an enforcement action for the City of Covington for violations of State Water Control Law and regulations in Covington, Virginia. The proposed order is available from the DEQ contact or at https://www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. The DEQ contact will accept written comments from July 3, 2023, to August 2, 2023.
Contact Information: Nelson Dail, Department of Environmental Quality, 901 Russell Drive, Salem, VA 24153, FAX (804) 698-4178, or email nelson.dail@deq.virginia.gov.
Proposed Enforcement Action for Hiway MHC, LLC
An enforcement action has been proposed for Hiway MHC LLC for violations of State Water Control Law and regulations and applicable permit at the Hiway Mobile Home Community sewage treatment plant located in Leesburg, Virginia. The proposed consent order is available from the Department of Environmental Quality (DEQ) contact or at https://www.deq.virginia.gov/permits/public-notices. The DEQ contact will accept written comments from July 4, 2023, through August 3, 2023.
Contact Information: Jim Datko, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email james.datko@deq.virginia.gov.
Proposed Enforcement Action for King George County Service Authority
An enforcement action has been proposed for King George County Service Authority for violations of State Water Control Law and regulations and applicable permits at the Dahlgren District, Purkins Corner, and Fairview Beach wastewater treatment plants located in King George County, Virginia. The proposed consent order is available from the Department of Environmental Quality (DEQ) contact or at https://www.deq.virginia.gov/permits/public-notices. The DEQ contact will accept written comments from July 4, 2023, through August 3, 2023.
Contact Information: Jim Datko, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email james.datko@deq.virginia.gov.
Proposed Enforcement Action for Marine Corps Base Quantico
An enforcement action has been proposed for Marine Corps Base Quantico for violations of State Water Control Law and regulations and applicable permit at the COCO Fuel Depot, Shiloh Perimeter Road, and S. Hangman Tree Road facilities located in Marine Corps Base Quantico, Virginia. The proposed consent order is available from the Department of Environmental Quality (DEQ) contact or at https://www.deq.virginia.gov/permits/public-notices/enforcement-orders. The DEQ contact will accept written comments from July 7, 2023, to August 6, 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 Russell County, Virginia
An enforcement action has been proposed for Russell County, Virginia for violations of the State Water Control Law and regulations at 53 East Main Street, Lebanon, Russell County, Virginia. The Department of Environmental Quality proposes to issue a consent order to resolve violations associated with the site. A description of the proposed action 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 July 3, 2023, through August 2, 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 Woodbridge MHP LLC
An enforcement action has been proposed for Woodbridge MHP LLC for violations of State Water Control Law and regulations and applicable permit at the Woodbridge Mobile Home Park located in Woodbridge, Virginia. The proposed consent order is available from the Department of Environmental Quality (DEQ) contact or at https://www.deq.virginia.gov/permits/public-notices/enforcement-orders. The DEQ contact will accept written comments from July 3, 2023, to August 3, 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.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Draft Home Health Provider Manual Chapters 4, 5, and 6 for Review
The draft Home Health Provider Manual Chapters 4, 5, and 6 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: 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, or email meredith.lee@dmas.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.