STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Public Comment Opportunity for 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) (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 the regulation 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 future issue of the Virginia Register of Regulations.

Purpose of notice: The SHRC is seeking comment on the application for a proposed variance to the Human Rights Regulations for the DBHDS Central State Hospital (CSH). The request is itemized according to four distinct CSH policies.

I. 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 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 variances to the listed sections to allow alternative procedures for addressing complaints by individuals in maximum security when the individual is not satisfied with the director's response to allow the individual to file a final appeal directly to the CSH Maximum Security Appeals Committee.

II. Variance is requested to the following subdivision:

12VAC35-115-100, Restrictions on freedoms of everyday life, A 1 c, "freedom to have and spend personal money."

Explanation: The CSH variance to this subdivision allows non-forensic patients to purchase items in a canteen and from external providers; however, individuals may not have personal possession of money within the secure perimeter.

III. Variance is requested to the following subdivisions:

12VAC35-115-20, Policy, A 2, "Each individual who receives services shall be assured respect for basic human dignity."

12VAC35-115-50, Dignity, C 3 a, "each individual has the right to… reasonable privacy…"

Explanation: The CSH variance to these subdivisions allows for routine pat-downs of fully clothed non-forensic individuals in secure programs (i) before and after group movement within a secure perimeter, (ii) anytime an individual leaves the secure perimeter, or (iii) 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.

IV. Variance is requested to the following section:

12VAC35-115-50, Dignity, 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."

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."

C 7, "each individual has the right to… communicate privately with any person by telephone and have help in doing so."

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 to these subdivisions 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 postal mail or telephone.

Public comment period: July 15, 2025, through August 14, 2025.

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, who will provide them to the SHRC, by the last day of the comment period. All information received is part of the public record.

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 CONSERVATION AND RECREATION

Public Comment Notice: Round 6 Community Flood Preparedness Fund Draft Manual

The Department of Conservation and Recreation (DCR) is accepting public comments for the Round 6 Community Flood Preparedness Fund (CFPF) draft manual. The purpose of this manual is to provide guidance regarding the policies, criteria, conditions, and procedures for determining project eligibility and awarding grants and loans from the Virginia Community Flood Preparedness Fund to local governments pursuant to §§ 10.1-603.25 and 10.1-603.29 of the Code of Virginia and as required by the Clean Energy and Community Flood Preparedness Act.

The comment draft of the Round 6 manual uses the text of the previous manual from Round 5, with updates to account for recent legislative changes and incorporate stakeholder feedback. These changes include:

1. The addition of Tribes as eligible applicants (reflects legislative change);
2. The addition of the Chief Resilience Officer of the Commonwealth as one of the entities establishing the grant manual and making awards (reflects legislative change);
3. Capping per-grant amounts for capacity building and study grants and for the development of resilience plans;
4. The addition of language promoting consistency and collaboration between overlapping local governments when developing resilience plans and of requirements that resilience plans are consistent with hazard mitigation plans and other similar plans;
5. Language specifying that the Advisory Review Committee will consider the progress and management of active CFPF grants by an applicant when making recommendations;
6. Requiring applicants who are awarded grants in the Coastal region to register projects and initiatives in the DCR Coastal Resilience Web Explorer;
7. Applicants seeking funding for a project in Round 6 must have an approved resilience plan before the beginning of the round;
8. Property acquisitions will only be considered if the acquisitions provide community-scale benefits or are a part of an acquisition plan that provides community-scale benefits;
9. Projects proposing to protect or provide flood mitigation benefits either to or using public recreation areas (e.g., parks and beaches) will also be evaluated on their benefits to areas outside of the public access area;
10. A prohibition on studies that would duplicate existing data; and
11. Various updates to budget submission requirements.

In addition to the listed changes, DCR is seeking feedback and comment on the following potential changes that are not currently incorporated in the text of the draft manual:

1. Allowing applicants to "renew" a capacity-building grant used to hire new staff for one additional cycle of funding; and
2. Limiting capacity-building grants for hiring and training to staff to low-income geographic areas.

After reviewing public comments and making any necessary and appropriate amendments, the official manual will be published to the DCR website. DCR intends to host at least one public meeting, which may be virtual, during the comment period to solicit feedback from interested parties.

Contact Information: Lisa McGee, Policy and Planning Director, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219, telephone (804) 786-4378, fax (804) 786-6141, or email lisa.mcgee@dcr.virginia.gov.

STATE BOARD OF EDUCATION

2025 Expanded High School Science Standards of Learning

The State Board of Education will hold public hearings on the proposed draft 2025 Expanded High School Science Standards of Learning. These standards identify the content and skills for 11 board-approved expanded high school courses that do not have existing board-approved standards. The 2018 Science Standards of Learning for Kindergarten - Physics will remain unchanged in content and practices. The most current information about the revision process, as well as public hearing dates and locations, is available at https://www.doe.virginia.gov/teaching-learning-assessment/k-12-standards-instruction/science/standards-of-learning/review-revision-of-the-2018-science-standards-of-learning. For additional information about the proposed draft 2025 Science Standards of Learning, contact the agency contact.

Contact Information: Laura Casdorph, Science Coordinator, Department of Education, 101 North 14th Street, Richmond, VA 23219, telephone (804) 418-4737, or email laura.casdorph@doe.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Enforcement Action for AdvanSix Resins and Chemicals LLC

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for AdvanSix Resins and Chemicals LLC for violations of State Water Control Law and regulations in the City of Hopewell. The proposed order is available from the DEQ contact or at https://www.deq.virginia.gov/permits/public-notices/enforcement-actions. The DEQ contact will accept written comments from July 14, 2025, through August 13, 2025.

Contact Information: Davis Wilcox, Enforcement Specialist, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, or email davis.w.wilcox@deq.virginia.gov.

Proposed Enforcement Action for Fuqua Logging Company Inc.

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for Fuqua Logging Company Inc. for violations of State Water Control Law and regulations in Halifax County. The proposed order is available from the DEQ contact or at https://www.deq.virginia.gov/permits/public-notices/enforcement-actions. The DEQ contact will accept written comments from July 14, 2025, through August 14, 2025.

Contact Information: Joseph Heller, Enforcement Specialist, Department of Environmental Quality, Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, telephone (540) 512-3268, or email joseph.r.heller@deq.virginia.gov.

Proposed Enforcement Action for Milam's Real Estate 2 LLC

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for Milam's Real Estate 2 LLC for violations of State Water Control Law and regulations in Pittsylvania County. The proposed order is available from the DEQ contact or at https://www.deq.virginia.gov/permits/public-notices/enforcement-actions. The DEQ contact will accept written comments from July 14, 2025, through August 14, 2025.

Contact Information: Joseph Heller, Enforcement Specialist, Department of Environmental Quality, Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, or email joseph.r.heller@deq.virginia.gov.

Proposed Enforcement Action for Town of Warrenton

The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for the Town of Warrenton for violations of State Water Control Law and regulations and applicable permit at the Warrenton Town sewage treatment plant located in the Town of Warrenton. The proposed order is available from the DEQ contact or at https://www.deq.virginia.gov/permits/public-notices. The DEQ contact will accept written comments from July 14, 2025, to August 13, 2025.

Contact Information: Katherine Mann, Enforcement Specialist, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, telephone (571) 866-6095, or email katherine.mann@deq.virginia.gov.

Proposed Enforcement Action for the Town of Wytheville

The Virginia Department of Environmental Quality (DEQ) is proposing an amended enforcement action for the Town of Wytheville for violations of the State Water Control Law and regulations at the Wytheville wastewater treatment plant in Wythe County. The proposed order is available from the DEQ contact listed or at https://www.deq.virginia.gov/permits/public-notices/enforcement-actions. The DEQ contact will accept written comments from July 14, 2025, through August 13, 2025.

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.

Opportunity for Public Comment on Proposed State Implementation Air Quality Plan Revision

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed revision to the Commonwealth of Virginia State Implementation Plan (SIP). The SIP is a plan developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA). The Commonwealth intends to submit the regulation amendments to EPA as a revision to the plan in accordance with the requirements of § 110(a) of the federal Clean Air Act.

Provisions affected: The regulations of the board affected by this action are Article 6 of Permits for Stationary Sources (9VAC5-80) and Emergency Generator General Permit (9VAC5-540), Regulation Revision A25 concerning certain agricultural incinerators, and Regulation Revision B25 concerning certain military generators.

Purpose of notice: DEQ is seeking comment on the issue of whether the regulation amendments should be submitted as a revision to the plan.

Public comment period: July 14, 2025, through August 13, 2025.

Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed. In order to be considered, the request must include the full name, address, and telephone number of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice and another 30-day comment period will be conducted.

Public comment stage: The regulations included in this plan have been adopted by the State Air Pollution Control Board and the Department of Environmental Quality in accordance with the Code of Virginia; DEQ is accepting comment only on the issue cited under "purpose of notice" and not on the content of the regulation amendments.

Description of proposal: Chapter 365 of the 2025 Acts of Assembly requires the State Air Pollution Control Board to amend 9VAC5-80-1105 relating to permit exemptions for poultry or swine incinerators to include bovine incinerators; appropriate amendments to the list of exemptions were adopted by the State Air Pollution Control Board on April 17, 2025, under Regulation Revision A25.

Chapter 344 of the 2025 Virginia Acts of Assembly requires that Permits for Stationary Sources (9VAC5-80) and General Permit for Emergency Generators (9VAC5-540) shall allow any affected emergency generator to operate up to 50 hours per year for nonemergency purposes, including planned outages and switch gear and related electrical system testing, so as to be consistent with EPA's National Emissions Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines pursuant to 40 CFR Part 63 Subpart ZZZZ and New Source Performance Standards pursuant to 40 CFR Part 60 Subparts IIII and JJJJ. An affected emergency generator is any emergency generator, whether or not located on a military installation as defined in § 15.2-2201 of the Code of Virginia, that has been certified to the Department of Environmental Quality (DEQ) by the U.S. Department of Defense or relevant branch of the U.S. Armed Forces as mission-critical and essential to the defense of the United States. The regulation amendments were adopted and approved accordingly by the Department of Environmental Quality on May 21, 2025, under Regulation Revision B25.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law.

How to comment: DEQ 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 DEQ on the last day of the comment period. All materials received are part of the public record.

To review documents: The proposal and any supporting documents are available on the DEQ air public notices website at https://www.deq.virginia.gov/permits/public-notices/air. The documents may also be obtained by contacting the DEQ representative listed. The public may schedule an appointment to review the documents between 8:30 a.m. and 4:30 p.m. of each business day until the close of the public comment period at the following DEQ locations:

1. Main Street Office, 22nd Floor, 1111 East Main Street, Richmond, VA, telephone (804) 698-4000;

2. Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA, telephone (540) 676-4800;

3. Blue Ridge Regional Office, 3901 Russell Drive, Salem, VA, telephone (540) 562-6700;

4. Valley Regional Office, 4411 Early Road, Harrisonburg, VA, telephone (540) 574-7800;

5. Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA, telephone (804) 527-5020;

6. Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583-3800; and

7. Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA, telephone (757) 518-2000.

Contact Information: Karen G. Sabasteanski, Policy Analyst, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1973, or email karen.sabasteanski@deq.virginia.gov.

Withdrawal of Notice of Intent for a Permit by Rule for a Small Renewable Energy Project - Partridge Creek Solar LLC

Partridge Creek Solar LLC has withdrawn its notice of intent to submit the necessary documentation for the 10-megawatts-rated capacity permit by rule for the Partridge Creek Solar small renewable energy project (RE0000285) in Amherst County pursuant to 9VAC15-60-30. The owner has modified the project and reduced the rated capacity of the project to three megawatts with a disturbance area of 22.5 acres. The original notice of intent was posted to the Virginia Regulatory Town Hall on May 22, 2023, and published in the Virginia Register 39:22, VA.R., 2637, June 19, 2023.

Contact Information: Amber Foster, Renewable Energy Permit by Rule Coordinator, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P. O. Box 1105, Richmond, VA 23218, telephone (804) 774-8474, or email amber.foster@deq.virginia.gov.