STATE BOARD OF EDUCATION
Request for Public Comment and Participation on Regulatory Changes to 8VAC20-81 in Response to the Office of Special Education Programs Differentiated Monitoring and Support Report
Purpose of notice and background information: As a result of an onsite federal monitoring visit by the U.S. Department of Education's Office of Special Education Programs (OSEP), conducted in September 2023 with a Differentiated Monitoring and Support Report (DMS Report) being released to the Virginia Department of Education (VDOE) on March 13, 2024, the Board of Education has approved revisions to the Regulations Governing Special Education Programs for Children with Disabilities in Virginia (8VAC20-81) to implement corrective actions as required by OSEP.
The board is seeking comment and participation, as well as announcing a public comment period on the proposed changes.
A summary of the board action and a redline version of the proposed regulatory changes can be found on the board webpage at https://www.doe.virginia.gov/home/ for the March 27, 2024, and March 28, 2024, meetings.
Public comment period: April 18, 2024, to June 6, 2024.
How to comment: The Board of Education will accept comments through the Virginia Regulatory Town Hall public comment forum.
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) 750-8750, or email jim.chapman@doe.virginia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Prospect Power LLC Notice of Intent for a Small Renewable Energy Project (Energy Storage) Permit by Rule - Rockingham County
Prospect Power 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 (energy storage) located in Rockingham County pursuant to 9VAC15-100. The project name is Prospect Power; the DEQ project number is RE0000312.
The project location is south of Craney Island Road and east of North Valley Pike (Route 11) with a centroid of Latitude 38.615896, Longitude -78.686224. The proposed project will have a maximum storage capacity of 150 megawatts alternating current across approximately 26 acres. The project includes the utilization of approximately 200 battery cell module containers. The project developer is Swift Current Energy.
Contact Information: Amber Foster, Department of Environmental Quality, 111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 774-8474, or email amber.foster@deq.virginia.gov.
Proposed Enforcement Action for Brunswick Waste Management Facility LLC - Brunswick County
The Department of Environmental Quality (DEQ) is proposing an enforcement action for the Brunswick Waste Management Facility LLC for alleged violation of the State Water Control Law at 107 Mallard Crossing Road, Lawrenceville, Virginia. A description of the proposed action is available from the DEQ contact listed or online at www.deq.virginia.gov/permits/public-notices/enforcement-orders. The DEQ contact will accept comments by email or postal mail from May 6, 2024, to June 5, 2024.
Contact Information: Cara Witte, Enforcement Specialist, Department of Environmental Quality, Piedmont Regional Office, 4949 Cox Road, Glen Allen, Virginia 23060, telephone (804) 712-4192, or email cara.witte@deq.virginia.gov.
Proposed Enforcement Action for the Town of Cleveland
The Department of Environmental Quality (DEQ) is proposing an enforcement action for the Town of Cleveland for violations of the State Water Control Law and regulations at the Cleveland Sewage Treatment Plant in Russell 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 May 6, 2024, through June 5, 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 the Town of Middletown
The Department of Environmental Quality (DEQ) is proposing an enforcement action for the Town of Middletown for violations of the State Water Control Law and regulations at the Middletown sewage treatment plant in Frederick 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 May 6, 2024, through June 5, 2024.
Contact Information: Jonathan Chapman, Enforcement Specialist, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA, or email jonathan.chapman@deq.virginia.gov.
Extension of Comment Period - TMDL Development for Roanoke River, Tinker Creek, and Wolf Creek in the City of Roanoke and Roanoke County
The comment period for the development of the total maximum daily loads (TMDLs) for Roanoke River, Tinker Creek, and Wolf Creek in the City of Roanoke and Roanoke County has been extended. The comment period began on April 10, 2024, and was initially set to end on May 10, 2024. The public comment period has been extended until June 10, 2024.
Purpose of notice: The Department of Environmental Quality (DEQ) seeks public comment on the development of a cleanup study, also known as a TDML report, for the Roanoke River, Tinker Creek, and Wolf Creek in the City of Roanoke and Roanoke County. These streams are listed as impaired waters and require a cleanup study since monitoring data indicates that the waters do not meet Virginia's water quality standards for aquatic life. Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the State Water Control Law require 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 Administrative Process Act for any future 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 these Roanoke River, Tinker Creek, and Wolf Creek watersheds.
Cleanup study location: The cleanup study addresses the following impaired stream segments. The study area totals 19.53 river miles in the City of Roanoke and Roanoke County and includes three watersheds: Roanoke River (from Niagara Dam downstream to the mouth of Back Creek), Tinker Creek (from the confluence of Buffalo Creek downstream to the Roanoke River), and Wolf Creek.
TMDL advisory group (TAG): DEQ invites public comment on the establishment of a TAG to assist in development of this cleanup study. A TAG is a standing group of interested parties established by the department for the purpose of advising the department during developing of the cleanup study. Any member of the public may attend and observe proceedings. However, only group members who have been invited by the department to serve on the TAG may actively participate in the group's discussions. Persons requesting the department use a TAG and those interested in participating should notify the DEQ contact person by the end of the comment period and provide their name, address, telephone number, email address, and organization being represented (if any). If DEQ convenes a TAG, all individuals who wish to participate on the TAG will be considered on a case-by-case basis. TAG members will be expected to attend all TAG meetings. Notification of the composition of the panel will be sent to all individuals who requested participation.
If DEQ receives no requests to establish a TAG, the department will not establish a standing group but will still solicit public feedback by conducting community engagement meetings during cleanup study development. At these community meetings, which are open to the public and at which any person may participate, DEQ will present its progress on the cleanup study and solicit feedback from those present.
Public meeting: The first public meeting on the development of the cleanup study was held at Department of Environmental Quality, Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, Training Room on April 10, 2024, at 5:30 p.m.
Public comment period: April 10, 2024, to June 10, 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 address, and telephone number of the commenter or requestor.
For public comments, document requests, and additional information, contact the DEQ staff member listed.
Contact Information: Aerin Doughty, Department of Environmental Quality, Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, telephone (540) 988-3684, or email aerin.doughty@deq.virginia.gov.
DEPARTMENT OF EMERGENCY MANAGEMENT
Intended Use Plan - Safeguarding Tomorrow through Ongoing Risk Mitigation Revolving Loan Fund Program
Notice of action: The Department of Emergency Management (VDEM) is seeking comments and announcing a public comment period on the proposed intended use plan for the Virginia Safeguarding Tomorrow through Ongoing Risk Mitigation Revolving Loan Fund Program. The Virginia Intended Use Plan (VIUP) provides information to potential loan recipients and other interested parties about goals for the Resilient Virginia Revolving Loan Fund (RVRLF), an overview of eligible project types, the criteria for the distribution of loans, and the process for management of the loan fund. The VIUP is effective for Federal Fiscal Year 2024 Safeguarding Tomorrow Revolving Loan Fund (STRLF) Program.
The RVRLF was established in 2022. See §§ 10.1-603.28 through 10.1-603.40 and 62.1-199 and 62.1-203 of the Code of Virginia.
Public comment period: April 10, 2024, to April 20, 2024.
Federal information: This notice is being given to satisfy the public participation requirements of federal regulations.
How to comment: VDEM accepts written comments by email 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 VDEM no later than the last day of the comment period. VDEM prefers comments be provided in writing, along with any supporting documents or exhibits. Comments must be submitted to the VDEM contact listed. All materials received are part of the public record.
The plan and any supporting documents are available on the VDEM Grants website at https://www.vaemergency.gov/aem/Grants/va-intended-use-plan-fy24-strlf-final.pdf. The documents may also be obtained by contacting the following VDEM staff member:
Contact Information: Robert Coates, Grant Management and Recovery Division Director, Department of Emergency Management, 9711 Farrar Court, Richmond, VA 23236, telephone (804) 267-7730, or email robert.coates@vdem.virginia.gov.
BOARD OF MEDICAL ASSISTANCE SERVICES
Renewal of § 1115 Demonstration Waiver- Available for Public Review
The Department of Medical Assistance Services (DMAS) is planning to submit the § 1115 waiver renewal application for the "Building and Transforming Coverage, Services, and Supports for a Healthier Virginia" 1115 Demonstration to the Centers for Medicare and Medicaid Services in June 2024. The current waiver is set to expire on December 31, 2024. For more information and to view the draft application, please visit https://www.dmas.virginia.gov/media/sxinsnrj/draft-1115-sud-and-ffcy-waiver-application-va-03252024-webposting.pdf.
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, TDD (800) 343-0634, or email emily.mcclellan@dmas.virginia.gov.
BOARD OF PHARMACY
Public Hearing to Review 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 June 25, 2024. Instructions will be included in the agenda for the board meeting, also on June 25, 2024. Public comment may be submitted electronically or in writing prior to June 25, 2024 to the contact listed.
Pursuant to article § 54.1-3443 D, the Virginia Department of Forensic Science (DFS) has identified four compounds for recommended inclusion into 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-[(4-fluorophenyl)methyl]-4-methylpiperazine (other names: 4-fluoro-MBZP, 4-fluoro methylbenzylpiperazine), 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.
4-fluoro-alpha-pyrrolidinoisohexiophenone (other name: 4-fluoro-alpha-PiHP), 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.
8-bromo-1-methyl-6-pyridin-2-yl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine (other name: pyrazolam), 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-2-(1-butyl-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (other name: MDMB-BUTINACA), 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.