GENERAL NOTICES
Vol. 42 Iss. 3 - September 22, 2025

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Opportunity for Public Review of 2025 Annual Report on the Agricultural Stewardship Act

The Commissioner of Agriculture and Consumer Services announces the availability of the annual report on the Agricultural Stewardship Act for the program year April 1, 2024, through March 31, 2025. Copies of the report are available without charge and may be obtained by submitting a request to the contact listed. The report is also available on the Department of Agriculture and Consumer Services website at http://www.vdacs.virginia.gov/conservation-and-environmental-agricultural-stewardship.shtml.

Contact Information: Nicolas Robichaud, Policy Assistant, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3538, or email nicolas.robichaud@vdacs.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Enforcement Action for AdvanSix Resins & Chemicals LLC

The Department of Environmental Quality (DEQ) is proposing an enforcement action for AdvanSix Resins & Chemicals LLC for violations of the State Water Control Law and regulations and applicable permit at the AdvanSix Resins & Chemicals facility in Hopewell, Virginia. The proposed order is available from the DEQ contact listed or at https://www.deq.virginia.gov/permits/public-notices. The DEQ contact will accept written comments from September 22, 2025, to October 22, 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 Manhattan Construction Company LLC

The Department of Environmental Quality (DEQ) is proposing an enforcement action for Manhattan Construction Company LLC for violations of State Water Control Law and regulations and applicable permit at the ANC Southern Expansion Phase II operations complex in Arlington, Virginia. 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 September 22, 2025, to October 22, 2025.

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

Proposed Enforcement Action for Sussex Service Authority

The Department of Environmental Quality (DEQ) is proposing an enforcement action for Sussex Service Authority for violations of State Water Control Law and regulations and applicable permit at the Spring Branch wastewater treatment facility and collection system in Sussex, Virginia. 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 September 22, 2025, to October 22, 2025.

Contact Information: Kristen Sadtler, Director, Division of Enforcement, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219, or email kristen.sadtler@deq.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Opportunity for Public Review of Notice of Intent to Amend State Plan - Reentry Targeted Case Management

The Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to amend the Virginia State Plan for Medical Assistance to provide for changes to the Methods and Standards for Establishing Payment Rate; Other Types of Care (12VAC30-80).

This notice is intended to satisfy the requirements of 42 CFR 447.205 and § 1902(a)(13) of the Social Security Act (42 USC § 1396a(a)(13)). A copy of this notice is available for public review from the DMAS contact listed. This notice is available for public review on the Virginia Regulatory Town Hall at https://townhall.virginia.gov/L/generalnotice.cfm. In accordance with Item 288 GGGG 2 of Chapter 725 of the 2025 Acts of Assembly, Special Session I, DMAS will be making the following changes:

Methods and Standards for Establishing Payment Rate; Other Types of Care (12VAC30-80)

The state plan is being revised to provide coverage of targeted case management in the 30 days pre-release and immediately post-release to eligible incarcerated youth and young adults in accordance with § 5121 of the federal Consolidated Appropriations Act of 2023.

There are no expected increases or decreases in annual fee-for-service aggregate expenditures in federal fiscal year 2025. The expected increase in annual fee-for-service aggregate expenditures is $169,563 in state general funds, $15,968 in state special funds, and $320,127 in federal funds in federal fiscal year 2026.

Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 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.

Opportunity for Public Review and Comment on Notice of Intent to Amend State Plan - Nursing Facility Reimbursement Methodology

The Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to amend the Virginia State Plan for Medical Assistance to provide for changes to the Methods and Standards for Establishing Payment Rates for Long-Term Care (12VAC30-90).

This notice is intended to satisfy the requirements of 42 CFR 447.205 and § 1902(a)(13) of the Social Security Act (42 USC § 1396a(a)(13)). A copy of this notice is available for public review from the DMAS contact listed. DMAS is specifically soliciting input from stakeholders, providers and beneficiaries, on the potential impact of the proposed changes discussed in this notice. Comments or inquiries may be submitted in writing to the DMAS contact listed by October 22, 2025. Comments may also be submitted in writing on the Virginia Regulatory Town Hall public comment forum at https://townhall.virginia.gov/L/generalnotice.cfm. In accordance with Item 288 IIIII of Chapter 725 of the 2025 Acts of Assembly, Special Session I, DMAS will be making the following changes:

Methods and Standards for Establishing Payment Rates for Long-Term Care (12VAC30-90)

The state plan is being revised to modify the nursing facility reimbursement methodology to use the Patient-Driven Payment Model instead of Resource Utilization Groups. This change to reimbursement methodology shall be implemented in a budget-neutral manner.

There are no expected increases or decreases in annual fee-for-service aggregate expenditures in federal fiscal year 2026 or federal fiscal year 2027.

Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 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.

BOARD OF PHARMACY

Notice of Public Hearing for Schedule I Action Consistent with Federal Schedule I Changes

Pursuant to § 54.1-3443 E 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 (§ 54.1-3400 et seq. of the Code of Virginia). The public hearing will be conducted at 9:07 a.m. on September 30, 2025. Instructions will be included in the agenda for the board meeting, also on September 30, 2025. Public comment may also be submitted electronically or in writing prior to September 30, 2025, to the contact listed.

Pursuant to article § 54.1-3443 E, the following changes will be made to Schedule I to conform with federal scheduling action:

The board will add to Schedule I:

a. Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of a fentanyl-related substance, or which contains the salts, isomers, and salts of isomers of a fentanyl-related substance whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

b. For purposes of subdivision a, except as provided in subdivision c, the term "fentanyl-related substance" means any substance that is structurally related to fentanyl by one or more of the following modifications:

(1) By replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle.

(2) By substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups.

(3) By substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups.

(4) By replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle.

(5) By replacement of the N-propionyl group with another acyl group.

c. A substance that satisfies the definition of the term "fentanyl-related substance" in subdivision b shall not be treated as a fentanyl-related substance subject to this schedule if the substance is expressly listed in a schedule other than this schedule.

d. The absence of a substance from Schedule I in the Drug Control Act or regulation does not negate the control status of the substance under this schedule if the substance satisfies the definition of the term "fentanyl-related substance" in subsection b and does not meet the exception requirement of subdivision c.

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.

STATE WATER CONTROL BOARD

Public Comment Opportunity for Amendment of Water Quality Management Planning Regulation

Notice of action: The State Water Control Board is considering amending the regulation on water quality management planning in accordance with the Public Participation Guidelines (9VAC25-11).

Purpose of notice: The board is seeking comments through the Department of Environmental Quality (DEQ) on the proposed amendment. The purpose of the amendment to the Water Quality Management Planning Regulation (9VAC25-720) is to adopt 24 new or revised total maximum daily load (TMDL) wasteload allocations.

Public comment period: September 22, 2025, to October 22, 2025.

Description of proposed action: DEQ staff proposes amendments of the Water Quality Management Planning Regulation for the Potomac-Shenandoah River Basin (9VAC25-720-50), James River Basin (9VAC25-720-60 A), and the Tennessee-Big Sandy River Basin (9VAC25-720-90). Statutory authority for promulgating these amendments can be found in § 62.1-44.15 of the Code of Virginia. Staff intends to recommend that the board adopt 24 new or revised TMDL wasteload allocations as part of 9VAC25-720 in accordance with §§ 2.2-4006 A 14 and 2.2-4006 B of the Code of Virginia.

The TMDL reports were developed in accordance with federal regulations (40 CFR 130.7) and are exempt from the provisions of Article II (§ 2.2-4006 et seq.) of the Virginia Administrative Process Act. The reports were subject to the TMDL public participation process contained in 9VAC25-11. The public comment process provides the affected stakeholders an opportunity for public appeal of the TMDL. As of July 1, 2014, TMDL wasteload allocations can receive State Water Control Board approval prior to Environmental Protection Act (EPA) approval due to amendments outlined in § 2.2-4006 A 14 of the Code of Virginia. The TMDL reports in this public notice have been reviewed by EPA for required TMDL elements; however, the reports remain in draft form awaiting State Water Control Board approval.

Affected waterbodies and localities for the 24 new or revised TMDL wasteload allocations:

Potomac-Shenandoah River Basin (9VAC25-720-50): The TMDL report titled "Benthic TMDL Development for Crooked Run, Stony Creek and Pughs Run Located in Shenandoah County, Virginia" proposes sediment reductions for Crooked Run, Stony Creek, and Pughs Run and provides sediment wasteload allocations of 12,291 pounds per year, 431,000 pounds per year, and 22,960 pounds per year, respectively.

James River Basin (9VAC25-720-60): The TMDL report titled "Benthic TMDL Development for Black Creek and Hat Creek Watersheds Located in Nelson County, Virginia" proposes sediment reductions for Black Creek and Hat Creek and provides sediment wasteload allocations of 30,730 pounds per year and 45,461 pounds per year respectively. This TMDL report also proposes phosphorous reductions in Black Creek and provides total phosphorous wasteload allocations of 712 pounds per year.

The TMDL report titled "Benthic TMDL Study on Deep Run, Dover Creek, and Upham Brook Watersheds in Henrico County, Goochland County, and the City of Richmond" proposes sediment and phosphorus reductions for several streams. Specifically, it provides sediment wasteload allocations of 319,359 pounds per year for Deep Run, 140,916 pounds per year for Stony Run, 32,745 pounds per year for Stony Run unnamed tributary, 38,769 pounds per year for Dover Creek, 372,238 pounds per year for Upham Brook, 363,179 pounds per year for North Run, and 88,183 pounds per year for Jordans Branch. This TMDL report also proposes total phosphorus wasteload allocations of 121.6 pounds per year for Stony Run, 41.6 pounds per year for Dover Creek, and 2,693.8 pounds per year for Upham Brook.

Tennessee-Big Sandy River Basin (9 VAC25-720-90): The TMDL report titled "Benthic TMDL Revision and Development for the Middle Fork Holston and Tributaries Located in Smyth, Washington, and Wythe Counties" proposes sediment reductions for several streams. Specifically, it provides revised sediment wasteload allocations of 29,851 pounds per year for Tattle Branch, 117,663 pounds per year for Hall Creek, 36,679 pounds per year for Byers Creek, 12,926 pounds per year for Cedar Creek, 53,403 pounds per year for the Upper Middle Fork Holston River, 1,464,062 pounds per year for the Lower Middle Fork Holston upstream of Route 91, and 963,597 pounds per year for the Lower Middle Fork Holston from Route 91 to Edmondson Dam. In addition, it provides a new sediment wasteload allocation of 46,798 pounds per year for Greenway Creek.

How a decision is made: After comments have been considered, the board will make the final decision. Citizens who submit statements during the comment period may address the board members during the board meeting at which a final decision is made on the proposal.

To review documents: The TMDL reports are available on the DEQ website at https://www.deq.virginia.gov/water/water-quality/tmdl-development/draft-tmdls and by contacting the DEQ contact listed for any report. The electronic copies are in PDF or Word format and may be read online or downloaded.

How to comment: DEQ accepts 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 requester.

Contact Information: Anthony Cario, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 814-7774, or email anthony.cario@deq.virginia.gov.

VIRGINIA CODE COMMISSION
Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North Ninth Street, Fourth 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.